Adjustment of Status to Lawful Permanent Resident (LPR) Status
Adjustment of status is the process that you can use to apply for lawful permanent resident status (otherwise called applying for a Green Card) when you are available in the United States. This implies you may get a Green Card without returning to your home country to finish visa handling. In case that you are outside of the United States, you should get your visa abroad through consular handling.
Work Permits (EAD)
All U.S. employers have to check to make sure all their employees, despite of of citizenship or nationality, are permitted to work in the United States. Employment Authorization Document (EAD) is one approach to demonstrate that you are permitted to work in the United States for a time period.
USCIS issues four types of travel documents:
- Reentry Permit A reentry permit lets a permanent resident to enter the US from being abroad while permit is valid (not expired) without the requirement to recieve a returning resident visa from a U.S. Embassy or consulate.
- Carrier documentation permits a transportation carrier or an airline to board permanent residents who have been abroad temporarily and whose Green Card or re-entry permit has been lost, stolen or destroyed.
- Advance parole permits an individual to travel back to the US without filing for a visa. Airlines might choose to accept an advance parole instead of a visa as your authorization to enter the United States. Please note, an advance parole document does not replace your passport.
- Refugee Travel Document A refugee travel document is is given to an individual classified as a refugee or asylee, or to a permanent resident who obtained his or her legal permanent residency status as a refugee or asylee in the United States. People who hold refugee status and are not green card holders have show a refugee travel document to enter US after temporary travel abroad.
Once your immigrant petition is approved and an immigrant visa number is available to you, there are two aproaches to apply for lawful permanent resident status (a Green Card). while an individual is outside of the United States, he or she can file at a U.S. Department of State consulate abroad for an immigrant visa in order to enter the United States as permanent resident. This pathway is referred to as consular processing.
If you are currently in the United States, you can file for permanent resident status without having to return to your country of origin to finish handling. This process is called adjustment of status.
Requests for Evidence (RFE) Responses
More and more requests for evidence are being issued for many types of immigration petitions filed with USCIS. Our law firm helps individuals and employers gather the documentation and evidence to present to USCIS in order to increase the probability of success in establishing an applicant’s eligibility for the benefit sought.
Changes of Status within the U.S.
If you wish to change the purpose of your visit while you are in the United States, you or your employer have to file a request with USCIS on the appropriate form before your authorization expires. For example, if you arrived here as a tourist but would like to remain in the United State to become a student, you have to apply to change your status. We recommend that you file the petition as soon as you find out that you need to change to a different nonimmigrant category.
Extension of Status within the U.S.
If you would like to extend your stay in the US, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you stay in the US longer than you are authorized, you may be barred from returning and/or you may be deported from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorization expires. We suggest that you file for extending your stay at least 45 days before your authorized stay expires.
Deferred Action for Childhood Arrivals (DACA)
Important information about DACA requests: Due to government court orders, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not allowing requests from people who was never granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.