Tag: Adjustment of Status

The Green Card Medical Exam: An Explanation of Form I-693

Form I-693 The Green Card Medical Exam with picture of doctor.

If you are seeking to adjust your status in the United States (US) to become a Lawful Permanent Resident (aka “Green Card Holder”) you will quickly discover that there is a mountain of forms and evidence that needs to be thoroughly and accurately completed and submitted the United States Immigration and Citizenship Services (USCIS). One of the most crucial forms is Form I-693, which is the medical exam. This examination plays a significant role in ensuring the health and safety of both the applicant and the broader community; however, it is often misunderstood. So, let’s go over the medical requirements for an adjustment of status, so you are better prepared on what to expect when you complete this form.

What is the Point of the Medical Exam

The I-693 aims to identify people who may pose a health risk to the public. It also identifies individuals who may require extensive medical care that could potentially become a burden on the US healthcare system. Finally, it helps to protect the health of the applicant by identifying any underlying conditions that may need to seek treatment for.

Who Needs a Medical Exam?

In general, anyone applying for adjustment of status to that of a Green Card Holder is required to undergo a medical examination. This includes spouses, children, parents, and other family members of U.S. citizens or lawful permanent residents, as well as anyone who applies to adjust their status through employment-based immigration or refugee/asylee channels.

The Role of the Civil Surgeon

Unfortunately, an adjustment of status applicant cannot just obtain a medical exam from their primary care physician or doctor of choice.  In fact, the medical examination must be conducted by a designated civil surgeon authorized by USCIS. These physicians are specially approved to perform immigration medical examinations and are familiar with the specific requirements outlined by USCIS.  You can search for a civil surgeon in your area by using this link.

Components of the Medical Exam

The medical examination typically includes a thorough physical exam, a review of the applicant’s medical history, and screening for communicable diseases such as tuberculosis (TB) and syphilis. Vaccination records are also reviewed.  If an applicant does not have up to date immunizations, including the COVID vaccine and flu shot (if receiving a medical during flu season), then they may need to receive additional vaccinations. You can read more about the required vaccinations here.

Required Documentation to Bring

Applicants must bring several documents to the medical examination with them, including a government-issued identification, vaccination records, and any relevant medical records. It is essential to provide accurate and complete information during the examination to ensure the process goes smoothly.

Potential Issues and Waivers

In some cases, individuals may encounter issues during the medical examination, such as the presence of a communicable disease or a medical condition that could potentially impact their admissibility to the US; however, a waiver may be available for certain conditions, particularly if the applicant can demonstrate that they pose no risk to public health and have access to necessary medical treatment. Generally, US immigration law divides health-related grounds of inadmissibility into four categories:

  1. Communicable diseases of public health significance;
  2. Lack of proof of having received required vaccinations;
  3. Physical or mental disorders with associated harmful behavior or a history of associated harmful behavior; and
  4. Drug abuse or addiction.

While the medical exam is an essential component of the adjustment of status process, it doesn’t have to be daunting. By understanding the requirements and preparing accordingly, applicants can navigate this aspect of the process with confidence. Working with a licensed US immigration attorney and ensuring all necessary documentation are in order can help streamline the process to ensure a successful outcome.

If you’d like to schedule an appointment with our knowledgeable US attorneys to discuss the adjustment of status process or ask any questions on the medical exam, you may do so here.  Our attorneys are licensed to practice US immigration law in all 50 states and at US embassies and consulates around the world.

Current as of April 24, 2024

*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.

EB-2 NIW: A Green Card for Exceptional or Advanced Degree Individuals whose work is in the interest of the United States

EB2-NIW explanations showing a female doctor.

Foreign Nationals may be eligible to apply for an EB-2 National Interest Waiver (EB-2 NIW) if they are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. In either case, the petitioner must show that the petitioner’s work is in the national interest of the United States.

What is the EB-2 NIW Visa

The EB-2 NIW is a visa category within the employment-based immigration system of the United States. It is designed for individuals with advanced degrees or exceptional abilities in their fields, whose work is deemed to be in the national interest of the country. One of the biggest perks of the EB-2NIW is that, unlike other employment-based visas that require employer sponsorship and labor certification, it allows petitioners to self-petition.

Key Requirements of the EB-2 NIW

To qualify for an EB-2 NIW, applicants must meet certain criteria:

  1. Advanced Degree or Exceptional Ability: Applicants must possess either an advanced degree or exceptional ability in their field. An advanced degree typically refers to a master’s degree or higher, while exceptional ability denotes a level of expertise significantly above that ordinarily encountered in the field.
  2. Significant Contribution to the National Interest: Applicants must demonstrate that their work has a substantial impact on the national interest of the United States. This can be evidenced through various means, such as contributions to research, economic growth, healthcare, environmental protection, or cultural enrichment.
  3. Waiver of Job Offer and Labor Certification: Unlike other employment-based visas, the EB-2 NIW waives the requirement for a job offer and labor certification. Instead, applicants must prove that their work is in the national interest, thereby justifying the need for a waiver.

Benefits of the EB-2 NIW

The EB-2 NIW visa offers several advantages to qualified applicants:

  1. Self-Petition: Applicants can petition for the EB-2 NIW visa without the need for employer sponsorship..
  2. Priority Date: Upon approval, applicants receive a priority date, which determines their place in the queue for visa processing. This can potentially expedite the immigration process for many individuals, especially those from countries where there is a high demand for US visas.
  3. Green Card: The EB-2 NIW leads to permanent residence in the United States. Successful applicants can apply for adjustment of status or consular processing to obtain a green card for themselves and their eligible family members.

Application Process

The application process for the EB-2 NIW visa involves several steps:

  1. Compile Portfolio: Petitioners must compile a comprehensive portfolio of evidence demonstrating their qualifications, achievements, and contributions to the national interest. This may include academic credentials, publications, awards, intellectual property, letters of recommendation, etc.
  2. Form I-140 Petition: Applicants submit Form I-140, Immigrant Petition for Alien Worker, along with supporting evidence to the United States Citizenship and Immigration Services (USCIS). This petition serves to establish eligibility for the EB-2 NIW visa.
  3. Adjudication: USCIS reviews the petition and evaluates whether the applicant meets the requirements for the EB-2 NIW visa. If additional evidence or clarification is needed, USCIS may issue a Request for Evidence (RFE) before making a final decision.
  4. Visa Processing: Upon approval of the Form I-140 petition, applicants residing outside the United States must complete visa processing at a U.S. consulate or embassy in their home country. Those already in the United States may apply for adjustment of status to obtain permanent residency once their priority date is current.

The EB-2 NIW visa offers a valuable pathway for highly skilled individuals to contribute their expertise to the national interest of the United States. By recognizing the significance of their work and providing a streamlined immigration process, the EB-2 NIW visa facilitates the recruitment of top talent from around the world, enriching the nation’s economy, culture, and innovation landscape. For skilled professionals seeking to make a meaningful impact in the United States, the EB-2 NIW visa presents a compelling opportunity to pursue their career aspirations and contribute to the nation’s prosperity.

If you are interested in learning more about the EB-2 NIW visa and whether it is right for you, we would love to outline the important considerations and explain your options to you. You can schedule an appointment by clicking here.

Current as of April 9, 2024.

*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.

Adjustment of Status: Marriage Green Card in 8 Steps!

Embarking on the journey towards permanent residency in the United States (US) through marriage to a US citizen is a significant legal process. This post explains the basic steps necessary.

bi-racial family at the airport holding American flags waiting for an adjustment of status interview

“I am a United States citizen and just married an international student. How do we file an adjustment of status for him to get a green card?”

First off, congratulations on your marriage!  It is important to know that embarking on the journey towards permanent residency in the United States (US) through marriage to a US citizen is a significant legal process, which can make even the best paper-pushers cry. Although obtaining a green card can open doors to new opportunities, understanding the intricacies of the steps involved is crucial for a successful outcome.  While this post will explain the basic steps one must take to obtain an adjustment of status, it should not be taken as legal advice. It is always best to speak to a licensed US immigration attorney about your specific situation.

Step 1: Are you Eligible to Adjust Status in the United States?

  • Ensure that you are eligible to apply for adjustment of status. This includes determining that you are not inadmissible for any reason.

Step 2: Forms! Forms! Forms!

  • There are several forms that make up an Adjustment of Status application. Including, but not limited to:
    • Form I-130 Petition for an Alien Relative
    • Form I-485 Application to Register Permanent Residence or Adjust Status
    • Form I-765 Application for Employment Authorization (optional)
      • If you wish to work in the U.S. while your adjustment of status is pending, submit Form I-765 along with Form I-485. This is optional, but it is a common step for many applicants.
    • Form I-131 Application for a Travel Document (optional)
      • If you need to travel outside the U.S. while your adjustment of status is pending, submit Form I-131. This document allows you to re-enter the country after temporary international travel.

Step 3: Evidence! Evidence! Evidence!

  • Read the directions for each form very carefully and pay specific attention to the evidentiary requirements.
  • For a marriage-based Adjustment of Status, proving that your relationship is genuine is a very important component.

Step 4: Fees!  Fees!  FEEEEEEEEES!

  • Check to make sure you know which filing fees need to be paid. Fee amounts can change and USCIS will reject your filing if you do not have the correct amount. Filing fees are going up, significantly, as of April 1, 2024, so file before that date if you can.

Step 5: File Your Application!

  • Decide whether you will submit your application via mail or whether you will file part of it online. Be sure to check the correct USCIS filing address if you are going to mail in your application.

Step 6: Biometrics Appointment

  • Once your application has been received and accepted, USCIS will schedule a biometrics appointment for you to provide fingerprints, photographs, and a signature. It is very important that you read the notice carefully, complete all the required directions and attend the appointment as scheduled.

Step 7: Interview (if applicable)

  • USCIS may schedule an interview to assess the legitimacy of your marriage or other aspects of your application. Attend the interview with all requested documentation.

Step 8: Decision!

  • USCIS will review your application and notify you of the decision. If approved, you will receive your green card in the mail. In some cases, if the marriage is less than two years old, a conditional green card will be issued.

 Extra Tips: After your spouse’s green card is issued, you may need to remove the conditions on the green card 90 days before it expires.  Please remember to check the USCIS website (www.uscis.gov) for the most up to date forms, instructions and filing fees.

The US adjustment of status process can be complex, and seeking the guidance of experienced immigration attorneys helps ensure a smooth and successful journey towards permanent residency in the United States. At AVA, we are committed to assisting you at every stage, ensuring that your path to a new chapter in the US is navigated with confidence and expertise. If you have any questions, you can call us at 970-680-1223 or schedule an appointment at Book Online – Aspire Visa Attorneys (AVA).  Please note our attorneys are authorized to practice US immigration law in all 50 states and at US consulates and embassies abroad.

Current as of February 20, 2024

 

The Path to Love: Navigating K-1 Visas (“Fiancée Visa”)

Sign for K-1 Visas showing happy couple

K-1 visas, also known as “fiancé” or “fiancée” visas, serve as a bridge for couples separated by borders.  The K-1 visa allows a foreign national to come to the United States (US) in order to marry their US citizen fiancée. K-1 visas are available to same-sex partners, regardless of whether the laws in the sponsored fiancé’s home country allow for sex-same marriage So how does one go about applying for a fiancé visa and what are the rules that can impact a couple’s success on their journey to love?

K-1 Visa Overview:

  1. Eligibility Criteria: To qualify for a K-1 visa, the petitioner (US citizen) and the beneficiary (foreign-born fiancé) must meet certain eligibility criteria. The petitioner must be a US citizen, intend to marry the foreign-born fiancé within 90 days of their arrival in the U.S., and both parties must be legally free to marry. Legal Permanent Residents (Green Card holders) are not eligible to petition for K-1 visas.  Moreover, it is not possible to extend a K-1 visa as it automatically expires after 90 days.
  2. The Petition Process: Initiating the K-1 visa process involves filing a petition with the United States Citizenship and Immigration Services (USCIS). This petition serves as the foundation for the entire application and must be supported by evidence of the genuine nature of the relationship.
  3. Background Checks and Security Clearance: USCIS conducts thorough background checks on both parties to ensure the legitimacy of the relationship and to address any security concerns. It is crucial for couples to provide accurate and comprehensive information to avoid delays or denials.
  4. Consular Processing: Once the USCIS approves the petition, the case is transferred to the US embassy or consulate in the foreign fiancé’s home country. The beneficiary must then undergo an interview, and the consular officer will determine the visa eligibility based on the provided documentation and the interview.

Challenges of the K-1 Visas Process:

  1. Affidavit of Support: The U.S. citizen petitioner must demonstrate their financial ability to support the foreign fiancé by submitting an Affidavit of Support. This legal document ensures that the fiancé will not become a public charge in the United States.
  2. Proving Genuine Relationship: One of the most critical aspects of a successful K-1 visa application is providing evidence of a bona fide relationship. This can include photographs, communication records, and affidavits from friends and family attesting to the authenticity of the engagement.
  3. Recent in-person meeting: The couple must show evidence that they have met in person within the two years prior to applying.
  4. Medical Examination: The foreign fiancé is required to undergo a medical examination conducted by an approved physician. Any health issues that may pose a threat to public safety or result in inadmissibility could complicate the visa process.

Embarking on the journey to unite with a loved one through a K-1 visa involves navigating a complex legal landscape. At AVA, we understand the importance of this process and the profound impact it has on the lives of our clients. If you are considering or currently undergoing the K-1 visa application process, our experienced team is here to guide you through every step, ensuring a smooth and successful journey to love. Love should know no borders and we are ready to assist you to navigate the K-1 visa process in order to build a life together.  

If you are interested in obtaining more information on K-1 visas, please contact Aspire Visa Attorneys at www.aspirevisaattorneys.com or (970) 680-1223. Our attorneys are authorized to practice immigration law in all 50 states and represent clients around the globe!

*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.

Current as of February 12, 2024

For more information, please see:

Fiance(e) Visa: K-1 – Aspire Visa Attorneys (AVA)

Visas for Fiancé(e)s of U.S. Citizens | USCIS