Tag: Green Card

Understanding Employment Green Cards and the PERM Process

The PERM process is essential for employers sponsoring foreign workers for green cards, ensuring no negative impact on U.S. labor. It involves job description, wage determination, recruitment, and DOL review.

WOMEN ASKING WHAT PERM IS

The Program Electronic Review Management (PERM) process is a crucial step in employment-based immigration in the United States. It is the first stage for many employers seeking to sponsor foreign nationals for a green card under employment-based preferences such as EB2 and EB3. In this article, we provide a clear and concise guide to help employers and employees navigate this process effectively.

What Is the PERM Process?

The PERM process is managed by the U.S. Department of Labor (DOL) and is designed to ensure that hiring a foreign worker will not negatively impact the job opportunities, wages, or working conditions of U.S. workers. Before an employer can file an employment-based green card petition for a foreign worker, they must first obtain a labor certification through PERM.

The PERM process involves a detailed evaluation of the job market to confirm that no qualified U.S. workers are available to fill the job and that employing a foreign worker will not adversely affect U.S. workers’ wages or working conditions.

Steps in the PERM Process

1. Job Description and Requirements

The employer must create a detailed job description that includes the duties, minimum education, experience, and special skills required. It’s critical that these requirements are bona fide and related to the job’s necessities rather than tailored to a specific individual.

2. Prevailing Wage Determination (PWD)

The employer must request a Prevailing Wage Determination from the DOL. This determines the minimum wage the employer must offer for the position, based on the job location and requirements. Employers must ensure they’re prepared to pay at least the prevailing wage to the foreign worker.

3. Recruitment Efforts

One of the most significant parts of the PERM process is demonstrating that there are no qualified U.S. workers available for the position. The employer must undertake extensive recruitment efforts, which typically include:

  • Posting the job with the state workforce agency.
  • Advertising the position in at least two Sunday editions of a widely circulated newspaper.
  • Utilizing additional recruitment methods, such as job fairs, online job boards, or professional organization advertisements, for professional positions.

The recruitment must be conducted in good faith, with the employer evaluating all applicants and documenting why U.S. workers were not suitable.

4. Filing the ETA Form 9089

Once recruitment efforts are completed and no qualified U.S. workers are found, the employer files the ETA Form 9089 with the DOL. This form documents the job requirements, recruitment steps, and reasons for rejecting U.S. applicants.

5. DOL Review and Decision

The DOL reviews the ETA Form 9089 and may conduct audits to verify compliance with PERM requirements. Audits can be random or triggered by certain factors in the application, such as unusually restrictive job requirements. Employers must respond promptly to any audit requests.

If the DOL approves the application, the employer receives a certified labor certification. If denied, the employer can request reconsideration or appeal the decision.

Important Considerations

Timelines

The PERM process can take several months to over a year, depending on factors like prevailing wage processing times, recruitment duration, and potential audits. Employers should plan their hiring timelines accordingly.

Compliance

Strict compliance with DOL regulations is essential to avoid denials or audits. Employers must maintain detailed records of recruitment efforts, applicant evaluations, and reasons for rejecting U.S. workers.

Why Is the PERM Process Important?

The PERM process plays a critical role in balancing the needs of U.S. employers and the domestic labor market. It allows employers to address genuine labor shortages while protecting the interests of U.S. workers. For foreign workers, it is often the first step toward securing permanent residency and building a long-term career in the U.S.

While the PERM process may seem daunting, understanding its requirements and following a structured approach can help ensure success. Both employers and employees benefit from meticulous preparation, transparent communication, and adherence to regulatory guidelines. Whether you’re navigating the process for the first time or seeking to refine your approach, staying informed is key to making the PERM process a smooth and rewarding experience.

If you are an employer or an employee who would like to know more about employment based green cards and PERM, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of December 13, 2024

How to Prepare for a Marriage-Based Green Card Interview in 7 Steps

This article will you give you tips and will help you prepare for your marriage-based green card interview with USCIS.

Couple being interviewed for a marriage based green card.

If you have filed for a marriage-based green card and have received a notice to appear for an interview with the United States Citizenship and Immigration Services (USCIS), you and your spouse may be feeling quite nervous. This article will help you prepare for that interview by outlining AVA Global’s key steps and tips for a successful marriage-based green card interview.

Step 1: What is the Purpose of the Interview?

If you have been called in for an interview, then the primary goal is for the USCIS officer to evaluate the authenticity of your marriage and assess whether you are eligible for a green card. It is important to remember that the officer will be on the look out for marriage fraud, so s/he will want to ensure that your marriage is genuine and was not entered into solely for immigration benefits. The USCIS will evaluate your relationship through your testimony, documentation, and overall demeanor; therefore, demonstrating an authentic and committed relationship is absolutely critical to the success of your green card application.

Step 2: Gather Essential Documentation

When you are notified, via mail, that you need to appear for an interview, there will be an extensive list of evidence included on the notice that USCIS will expect you to bring. We highly recommend that you organize those items in a binder and familiarize yourself with where they are located so you can easily access them during the interview. The following list of documents are commonly requested, but please note that you should carefully read your interview notice to ensure that you bring everything the government requests.

  1. Government-Issued IDs: You should bring a government-issued ID, including passports, driver’s licenses, and any work permits that have been issued.
  2. Original Documents: You most likely submitted copies of original documents, so you should bring the originals to the interview, including birth certificates, marriage certificate, and any prior divorce decrees.
  3. Proof of Bona Fide Marriage: You may have submitted evidence that your marriage was bona fide with your application, but it is important to bring updated evidence such as joint bank statements, your most recent tax return showing you filed married, a joint lease, mortgage or title, joint insurance policies, photographs of important milestones, joint travel itineraries, birth certificates of your children and anything else that shows you live a joint life, together.
  4. Forms: Bring a copy of all the forms and evidence that was submitted for your green card application.

Step 3: Carefully Review Your Application

It is important to note that any discrepancies can cause red flags, so it is imperative that you and your spouse carefully review the application that you submitted for the green card application. Go through the supporting documents one by one and make sure you are familiar with all the details, including the timeline of your relationship, key dates and other personal information.

Step 4: Prepare and Practice Answering Questions about your Relationship and Future

USCIS officers often ask detailed questions to confirm the authenticity of your marriage. Sometimes, they can come across as a bit aggressive and ask the same question in a few different ways to assess your body language and ensure that your story does not change. Remember, they are on the lookout for fraud, so it is essential that you are prepared to answer questions about your relationship, including:

  • How did you meet each other?
  • Where was your first date?
  • How did you fall in love?
  • How did the engagement proceed?
  • What sort of wedding ceremony did you have?
  • What is your relationship like with other members of your family and friends?
  • What is your daily routine like?
  • What are your future plans?

While it is not possible to predict every question, practicing answering questions with your spouse can help you feel more prepared and at ease during your interview.

Step 5: The Interview Details

Double check that you know the exact date, location and time of your interview and that you have the interview notice as well as all the documents requested. If you need a translator, then make sure you make arrangements to bring one that complies with USCIS guidelines.

We highly recommend arrived at least 30 minutes before your interview time as you will need to go through security and check in procedures. It is also important to dress appropriately to convey respect and professionalism.

Step 6: The Interview

Usually, the interview will begin with you and your spouse being interviewed together. If the officer suspects marriage fraud, then they may separate you and interview each of you on your own. If you don’t know an answer to the officer’s question, then it’s better to say that rather than to guess or provide inaccurate information.

The officer will not only listen to your answers, but s/he will also pay attention to your body language. Be sure to make eye-contact and be respectful at all times.

Sometimes, certain factors, such as an age gap, cultural or religious differences or short dating periods, may prompt additional scrutiny from the officer. Be prepared to sincerely explain the circumstances surrounding any of these issues.

Step 7: After the Interview

At the end of the interview, the USCIS officer may provide immediate feedback or inform you that further review is needed. If additional documents are requested, it is important to respond promptly. Processing times very, so be patient while you wait for a response and understand that most notices will come via mail.

If you’re uncertain about any aspect of the interview process or your case involves unique challenges, consulting with an experienced immigration attorney is highly recommended. An attorney can help you identify potential issues, provide mock interview preparation, and guide you through the process. At AVA Global, we include thorough interview preparation as part of our full-service marriage-based green card package.

You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of December 2, 2024

Applying for U.S. Citizenship as a marriage-based green card holder

Marriage-based green card holders can apply for U.S. citizenship after three years if they meet eligibility requirements. Filing can begin 90 days early, but divorce impacts eligibility.

Statue of Liberty overseeing a wedding with the words Applying for Citizenship

I have a Marriage-Based Green Card, so when can I apply for Citizenship?

This is one of the most common questions we receive at AVA Global as many of our marriage-based green card holders have their eyes set on applying for United States (U.S.) Citizenship. Fortunately, marriage-based green card holders are eligible to apply for citizenship much sooner than other types of permanent residents, but they do have to meet a variety of elements in order to succeed. This article will explain how marriage-based green card timelines work and the process one must go through in order to apply for U.S. citizenship.

Marriage-Based Green Cards and the Three-Year Rule

Most permanent residents are not permitted to apply for citizenship until they have had their green cards for at least five years; however, there is an exception for those who obtained their green cards by marrying a U.S. citizen. In fact, marriage-based green card holders only have to wait three years before they can apply for citizenship as long as they meet the eligibility requirements.

Marriage-Based Green Cards Eligibility Requirements for U.S. Citizenship:

  1. Three Years of Continuous Residency: You must have had your marriage-based green card for at least three years.
  2. Marriage to a U.S. Citizen: You must have been married to your U.S. citizen spouse, in a legitimate marriage, for the entire three years leading up to your application.
  3. Continuous and Physical Presence in the U.S.: You must meet specific requirements regarding how much time you spent in the U.S. over those three years.
  4. Good Moral Character: You must demonstrate that you are a person of good moral character, which includes following laws and adhering to civic responsibilities.

The 90-Day Early Filing Rule

The United States Citizenship and Immigration Services (USCIS) allows applicants to file their citizenship application (Form N-400) up to 90 days before reaching the three-year anniversary of their green card.

For example, if your green card was issued on January 1, 2021, you would reach the three-year mark on January 1, 2024. With the 90-day rule, you could submit your application as early as October 3, 2023! Although you can file 90 days early, you must still meet all the other eligibility criteria required by USCIS.

Continuous and Physical Presence Requirements

One essential requirement a marriage-based green card holder must meet is that they have maintained both continuous residence and physical presence in the United States for the three year time period.

  • Continuous Residence: Continuous residence means that you have lived in the U.S. without any extended absences. In general, trips abroad that last over six months break continuous residence.
  • Physical Presence: You must be physically present in the U.S. for at least 18 months out of the three years leading up to your citizenship application.

Other Key Requirements for Citizenship

Marriage-based green card holders must also meet other general criteria for citizenship, including:

  1. English Language and Civics Test: Applicants must demonstrate basic proficiency in English and pass a civics test covering U.S. history and government; however, there may be age and disability exemptions.
  2. Good Moral Character: USCIS requires that all applicants show “good moral character,” which includes factors such as criminal history, tax obligations, and truthfulness.
  3. Selective Service Registration (for Male Applicants): Men between the ages of 18 and 26 must register with the Selective Service System if they were in the U.S. during that age range.

How does Divorce impact the Three-Year Rule?

If you divorce your U.S. citizen spouse, then you would no longer be eligible to apply for the three-year citizen pathway and would need to wait the standard five years before applying for citizenship.

Obtaining U.S. citizenship is an exciting finishing step for many marriage-based green card holders; however, knowing the eligibility requirements, timing, and specific documentation is essential to navigating the process smoothly. For personalized guidance, schedule a consultation with our U.S. immigration attorneys. Our attorneys are licensed to practice U.S. immigration law in all 50 states and at U.S. consulates and embassies around the globe!

Please be advised that this is not legal advice. For advice specifically tailored to your situation, please schedule a consultation.

Current as of November 18, 2024

What are Marriage Bona Fides for a Green Card and How do I Prove My Marriage is Real?

Shadow of a couple getting married

If you and your spouse have applied for a Marriage-Based Green Card, either through an adjustment of status or consular processing, then one of the most important steps is proving that your marriage is bona fide. This means that you must show that the marriage is genuine and was not entered into for the sole purpose of obtaining immigration benefits.

Here at AVA, we are often asked how one goes about proving that their marriage is legitimate. In this article, we will explain what marriage bona fides are, why they matter in the green card application process, and how you can demonstrate that your marriage is real.

What are “Marriage Bona Fides?”

“Bona fide” means “genuine” or “real” in Latin. If you have applied for a Marriage-Based Green Card, then proving your marriage is bona fide means providing evidence that shows that the relationship is authentic. USCIS requires this evidence to ensure that the marriage was not entered into solely for the purpose of evading United States immigration laws.

A bona fide marriage is a marriage where the couple shares a genuine life together, which includes showing the emotional, physical and financial arrangements in the marriage. USCIS is always on the lookout for marriage fraud and takes it very seriously. In fact, submitting a fraudulent marriage application can lead to severe consequences, including green card denial, fines and even deportation.

The Importance of Marriage Bona Fides

USCIS uses marriage bona fides as a way to ensure that foreign nationals are not using fraudulent marriages to obtain Green Cards. Fraudulent marriages undermine the integrity of the U.S. immigration system and can have serious national security and legal implications.

When you apply for a marriage-based green card, USCIS will scrutinize your relationship to make sure it’s authentic. This often involves a detailed review of the couple’s personal history, their living situation, and the depth of their relationship. USCIS  wants to ensure that each marriage based green card is issued for a legitimate relationship; therefore, they will scrutinize the evidence provided and sometimes require the couple to attend in in-person interview.  

Proving a Marriage is Bona Fide

To establish that your marriage is authentic, you will have to provide a variety of evidence. We typically include at least five of the following:  

  1. Joint Financial Documents
    • Joint bank accounts
    • Joint tax returns
  2. Insurances
    • Shared health insurance policies
    • Shared car insurance policies
    • Shared rental insurance policies
    • Shared life insurance policies
    • Shared homeowners’ insurance policies
  3. Photos Together
    • Dated photographs of the couple at family gatherings, holidays, vacations, or everyday life, especially those with friends and family who can attest to the authenticity of your relationship.
    • Wedding photos
  4. Correspondence and Communication
    • Emails, texts, or social media posts between you and your spouse that show the evolution of your relationship and the ongoing communication between you.
  5. Affidavits from Friends and Family
    • Written statements from people who have known both of you during your relationship and can confirm that your marriage is genuine.
  6. Travel and Vacation Records
    • Travel itineraries showing both names
    • Tickets in both names
    • Hotel bookings with both names
  7. Children’s Birth Certificates
    • If applicable, birth certificates for any children born to the couple can serve as strong evidence of a genuine, ongoing relationship.
  8. Proof of Cohabitation
    • Joint utility bills
    • Property deeds or residential leases showing both spouses’ names
    • Any evidence of joint accounts, like Netflix or Amazon
  9. Personal Testimony
    • A detailed declaration of how you met, fell in love, got married and future plans.

What Happens if USCIS Doubts Your Marriage?

If USCIS believes that your marriage is not genuine, they may issue a Request for Evidence (RFE) to ask for additional evidence. They also can schedule an in-person interview to assess the validity of your marriage. If they determine your marriage is fraudulent, your green card application will likely be denied, and you may face deportation or other legal penalties.

Marriage bona fides are a critical component of the green card application process and it is important to carefully prepare the evidence you will submit to show that your relationship is legitimate.

If you would like assistance preparing a Marriage-Based Green Card application, our attorneys would love to meet with you. You can schedule a consultation here. Our U.S. immigration lawyers are licensed to practice U.S. immigration law in all 50 states and at U.S. consulates and embassies around the globe!

Please be advised that this information is not legal advice. For advice specifically tailored to your situation, schedule a consultation.

Current as of November 5, 2024

Emergency Emergency! How do I File an Expedite Request with USCIS?

Ambulance with the words "emergency, how do I file an expedite request?"

If you’ve filed a petition or application with United States Citizen and Immigration Services (USCIS) and are facing an urgent situation, this article will help you understand how to file an expedite request and how AVA can assist you in this process.

What is Expedited Processing?

If you are facing an urgent situation, then you may be able to ask USCIS expedite your case. Although every application does not qualify, certain situations may warrant faster processing time.  In general, USCIS considers the following to determine whether or not to expedite a case:  

  1. Emergencies or Urgent Humanitarian Situations: Cases involving urgent humanitarian reasons or emergency situations can be expedited. This might include medical emergencies or critical family issues.
  2. Severe Financial Loss: If delaying your case could result in significant financial hardship for you or your employer, you may be eligible for expedited processing provided that the need for urgent action is not the result of the petitioner or applicant’s failure timely file the benefit requires or to timely respond to any requests for evidence.
  3. Nonprofit Organizations: If your application benefits a nonprofit organization that serves the cultural or social interest of the U.S., it may qualify for expedited processing.
  4. U.S. Government Interests: If your case is of national interest or concern to the U.S. government, such as urgent medical or scientific research, national interest, public safety or national security, it may warrant expedited processing.
  5. Mistakes by USCIS: If your case has been delayed due to an error on USCIS’s part, you can request expedited processing.

Expedited Processing Steps:

If you believe your case meets one of the criteria for expedited processing, here are the steps you should follow:

  1. Gather Supporting Documentation: When making a request to expedite your case, you must provide clear evidence that supports your claim. This may include financial statements, letters from employers, medical records, or any other pertinent documentation.
  2. Prepare a Written Request: Write a concise and formal request for expedited processing. Include your full name, case number, and a detailed explanation of why you need expedited processing, along with your supporting documents.
  3. Contact USCIS: You can submit your expedite request via the USCIS Contact Center or through your online account if you filed your application electronically. Ensure that your request is clearly labeled as an “Expedited Request.”
  4. Follow Up: After submitting your request, it’s essential to follow up. You can check the status of your case online or contact the USCIS Contact Center for updates.

An Immigration Attorney’s Role

Although it’s possible file an expedite request on your own, enlisting the help of an experienced immigration attorney can significantly enhance your chances of success. Here’s how the attorneys at AVA can assist you:

  1. Expert Guidance: Our attorneys understand the complexities of immigration law and can help you determine if your case qualifies for expedited processing based on your unique situation.
  2. Document Preparation: We can assist you in gathering the necessary documentation and crafting a compelling expedite request that clearly articulates your need for urgency.
  3. Effective Communication with USCIS: Our firm has established communication channels with USCIS and can effectively advocate on your behalf, ensuring that your request is properly submitted and considered.
  4. Timely Follow-Up: We will monitor the progress of your request and keep you informed, allowing you to focus on your personal and professional commitments.

Expediting a USCIS case requires a clear understanding of the criteria, thorough preparation, and effective communication with USCIS. If you find yourself in a situation where expedited processing is necessary, consider seeking legal guidance to ensure that your request is handled correctly.

At AVA Global, we are dedicated to helping you navigate the complexities of the immigration process. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world. Please contact us today to schedule a consultation and let us help you expedite your case effectively and efficiently. Your future is our priority!

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of October 21, 2024

A Guide to the 2026 Green Card Lottery

Graphic of a wheel showing the US Green Card Lottery

The Green Card Lottery, also known as the Diversity Immigrant Visa (DV) Program, is a potential pathway to a green card for individuals who seek to immigrate to the United States (U.S.) from countries with historically low rates of immigration. The application process for the 2026 lottery is currently underway. If you plan to apply for the Green Card Lottery this year, then this article will help you understand the program’s intricacies, eligibility criteria, and application process.

What is the Green Card Lottery?

The Immigration Act of 1990 established the DV Program in order to enhance the U.S.’s diverse immigrant population. Each year, the program allocates 50,000 immigrant visas to individuals from qualifying countries with the idea of promoting a rich tapestry of cultures and backgrounds. This initiative serves to benefit foreign nationals who seek a new in America while also enriching the U.S.

Who is Eligible for the Green Card Lottery?

To apply for the 2026 Green Card Lottery, applicants must meet specific eligibility requirements:

  1. Country of Origin: Applicants must be from a qualifying country. In general, countries that have had fewer than 50,000 people immigrate to the U.S. in the last five years are eligible. This means that foreign nationals from countries like India, China, and Mexico are usually not eligible to participate due to higher immigration rates. For a complete list of eligible countries, please see the 2026 Instructions from the Department of State.
  2. Educational and Work Experience: The second requirement is that applicants must either possess a high school diploma or its equivalent or have at least two years of work experience in a profession that requires two years of training. These requirements are meant to ensure that individuals who immigrate to the U.S. through the DV program can contribute positively to the U.S. workforce.

Submitting a Green Card Lottery Application

The application for the 2026 Green Card Lottery will be conducted online, and understanding the process is crucial for success. Here’s a breakdown:

  1. Registration Period: The registration period opened October 2, 2024 and closes on November 5, 2024.
  2. Application: To apply, eligible foreign nationals must complete the online application form (DS-5501). Please note that this form should be completed thoroughly and accurately as any discrepancies could disqualify the applicant.
  3. Photograph: A recent photograph is mandatory and applications that do not comply with the requirements could be disqualified. The photo must be in color, taken within the last six months, and feature the applicant’s full face against a plain background. Eye-glasses are not allowed.
  4. Confirmation of Submission: After submitting the application, applicants will receive a confirmation number. It is important that you keep this number in a safe place as it is required to check the status of the application. You will not be notified is you are or are not selected and must actively check the status of you application.

What to do if you Win the Green Card Lottery

The Green Card Lottery winners are chosen through a random drawing. Results of the lottery are usually posted in early May of the following year. Winners must typically:

  1. File a Visa Application: Green Card Lottery winners must file a visa application (DS-260) and prepare for an interview at a U.S. embassy or consulate.
  2. Documentation: It’s essential to gather required documentation, including proof of education or work experience, a valid passport, and any necessary police certificates.
  3. Medical Examination: Green Card Lottery winners will need to obtain a medical examination by an approved physician.

Additional Considerations

The Green Card Lottery is highly competitive. In fact, millions of foreign nationals apply for it each and every year. In order to present to stay prepared, you should keep the following in mind:

  • Stay Informed: Regularly check the U.S. Department of State website for updates regarding eligibility and application dates.
  • Seek Professional Guidance: Immigration laws can be complex and ever-changing. Consulting with an immigration attorney can provide valuable insights and ensure your application is properly submitted.
  • Avoid Scams: Be wary of websites and services that charge filing fees to submit your application as the initial application is free to file.

The 2026 Green Card Lottery is an incredible opportunity for foreign nationals to pursue their American Dream. If you would like to discuss whether you are eligible to file an application for the 2026 Green Card Lottery, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of October 14, 2024

Consular Processing v. USCIS Adjustment of Status

Picture of woman with the words, "consular processing v. uscis adjustment of status

The United States (U.S.) immigration system is complicated and understanding the different pathways available for obtaining a visa can be daunting. The most common methods are either through consular processing, which is when a foreign national obtains a visa at a U.S. Embassy or Consulate or an Adjustment of Status (or Change of Status) through the United States Citizenship and Immigration Services (USCIS).  While both processes aim to grant individuals the ability to visit, study or work in the U.S., they involve distinct processes and considerations.

Consular Processing:

Consular processing is the procedure used by individuals who are outside the U.S.. To obtain a visa, they typically need to schedule an appointment at the U.S. embassy or consulate in their home country.  Here is a sample overview of how the process works for a green card application:

  1. Petition Approval: The process begins with a family member or employer filing a petition (Form I-130 for family-based visas or Form I-140 for employment-based visas) with USCIS. Once USCIS approves the petition, it is forwarded to the National Visa Center (NVC).
  2. NVC Processing: The NVC collects the required fees and documents, such as the Affidavit of Support and civil documents. Once everything is in order, they schedule an interview for the applicant at a U.S. consulate.
  3. Interview: At the consulate, the applicant attends an interview with a consular officer. The officer assesses the application, verifies documents, and determines eligibility for the visa. If approved, the applicant receives a visa to enter the U.S.
  4. Entry to the U.S.: Upon arrival in the United States, the visa holder can enter as a permanent resident or for the intended purpose (like work or study), depending on the visa type.

USCIS Adjustment of Status:

Adjustment of status is a process that allows individuals already in the U.S. to apply for permanent residency without having to leave the country. This method is particularly advantageous for those who qualify but are already present in the U.S. Here is a sample overview  of how the process works:

  1. Eligibility: Individuals can often, but not always, apply for an adjustment of status (Form I-485) at the same time their family member or employer file a petition.
  2. Application Submission: Applicants submit their adjustment of status application along with supporting documents, including proof of eligibility and an Affidavit of Support, to USCIS.
  3. Biometrics Appointment: After submission, applicants are usually scheduled for a biometrics appointment, where their fingerprints and photographs are taken for background checks.
  4. Interview: In many cases, applicants are required to attend an interview with a USCIS officer who reviews their application and eligibility for permanent residency.
  5. Approval and Green Card Issuance: If approved, applicants receive their green card in the mail, granting them lawful permanent resident status.

Choosing Between Consular Processing and USCIS

The choice between consular processing and adjustment of status largely depends on your current situation, such as your location, visa status, and eligibility. Here are a few considerations:

  • Location: If you’re outside the U.S., consular processing is your only option. If you’re already in the U.S., you may be eligible for adjustment of status.
  • Processing Times: Depending on your specific circumstances and country of origin, one option may be faster than the other.
  • Legal Advice: Consulting with an experienced immigration attorney can help clarify which pathway aligns best with your needs and circumstances.

Whether you are interested in consular processing or a USCIS adjustment of status, our attorneys can help you understand the different advantages based upon your specific situation. You may schedule a consultation with us here or call 970-680-1223. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at U.S. consulates and embassies around the globe!

**The purpose of this information is for general information only and is not to be considered legal advice. Engagement with this post does not create an attorney/client relationship.

Current as of September 30, 2024

Happy Independence Day 2024!

happy 4th of july – 1

Just a reminder that our offices will be closed tomorrow, July 4th, 2024 in honor of Independence Day.

The American Dream

This is a great time to remember what an important role immigrants have played throughout United States (U.S.) history. The U.S. has long been known as a place of opportunity where people from all over the world come to seek out the American Dream; therefore, immigrants have had a crucial role in developing the U.S., contributing to its diversity, economic growth, and cultural richness. For so many immigrants, Independence Day holds a special significance because it symbolizes not only the promise of opportunity, but their journey through resilience in their pursuit of life in America.

Supporting Immigrants on Their Journey

At AVA Global, we are committed to supporting immigrants as they navigate the complex legal landscape of the United States. Whether you are seeking citizenship, looking to reunite with loved ones or accepting a new job, we understand the challenges you face and are here to help you every step of the way. Our mission is to ensure that your rights are protected and that you have the opportunity to achieve your American dream. If need U.S. Immigration or Citizenship services, contact us today to schedule a consultation.

The Meaning of Freedom

As fireworks light up the sky this Fourth of July, let’s take a moment to reflect on the true meaning of freedom and independence. Let’s remember that these ideals are not just historical concepts but living principles that we must continually strive to uphold. This includes advocating for justice, equality, and opportunities for all, regardless of where they come from.

Together, we can continue to build a nation that truly lives up to its founding ideals, where liberty and justice are accessible to all.

From all of us at AVA Global, we wish you a happy and safe Fourth of July!

Please note that this information is provided for general information purposes only and is not legal advice. Engaging with this post does not create an attorney/client relationship.