Schwartz Posel Immigration Law Group Atlanta Immigration Lawyer | Business Immigration Attorney2024-02-21T23:00:36Zhttps://www.immlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1201466/2020/12/cropped-ID-1-32x32.jpgOn Behalf of Schwartz Posel Immigration Law Grouphttps://www.immlawfirm.com/?p=480722024-02-21T23:00:36Z2024-02-21T23:00:36ZWhat is a status adjustment?
Adjustment of status is the process by which an individual changes their immigration status to become a lawful permanent resident of the United States while staying in the country.
To be eligible for adjustment of status, you must meet certain requirements:
Valid marriage: You must be legally married to a U.S. citizen
Lawful entry: You must have legally entered the U.S. with a valid visa or through the Visa Waiver Program
Admissibility: You must be admissible to the United States, meaning you do not have certain criminal convictions or immigration violations.
Meeting these requirements is the key to a successful application process. Successful status adjustment can give foreign spouses legal authorization to live and work in the United States indefinitely.
Step-by-step: Adjusting your status
Before beginning the adjustment of status process, gather the necessary documents, including:
Marriage certificate: Proof of your marriage to a U.S. citizen
Form I-485: Application to adjust status
Form I-130: Filed by your U.S. citizen spouse
Form I-864: Affidavit of Support, demonstrating financial sponsorship
Form I-693: Medical examination and vaccination record
Once you have all the necessary documents, submit Form I-485 alongside the necessary supporting documents to the United States Citizenship and Immigration Services (USCIS). Include the appropriate filing fee or request a fee waiver if you’re eligible.
Once USCIS receives your application, you can expect a biometrics appointment where you’ll provide your fingerprints, photographs and signature. After processing your application, USCIS will schedule an interview at your local USCIS office. Both you and your spouse must attend the interview, where an immigration officer will review your application and ask questions about your relationship.
Following the interview, wait for a verdict on your application. If approved, you can expect your green card in the mail. If denied, you may appeal the decision or reapply, depending on the circumstances of the denial.
Adjusting your immigration status after marrying a U.S. citizen is a significant milestone that can lead to a brighter future for you and your loved ones. By understanding the process and following the right steps, you can navigate this process with confidence and ease. Remember, seeking guidance from an experienced legal practitioner can provide more clarity throughout this journey.]]>On Behalf of Schwartz Posel Immigration Law Grouphttps://www.immlawfirm.com/?p=480662023-12-21T16:45:51Z2023-12-21T16:45:51ZWhat factors play a role?
Because there is so much more global travel and relocation than there once was, researchers have found that people are less likely to associate “home” with any specific location. One study found that almost as many people identified “home” as where they currently live as the place they were born and raised.
Other factors include:
Age: Older people more often consider “home” where most of their memories are.
Gender: Men are more likely to associate it with where they have status, while women are more likely to consider it the place where they have an emotional attachment.
Assimilation: Those from countries and cultures that allow them to easily assimilate to their new one (including economic assimilation) are more likely to feel at home more quickly and easily in their new country.
Of course, things like language, education and a person’s general personality can all affect whether they feel at home in any particular location as well.
Ultimately, if you have questions or concerns about how to help loved ones relocate to the U.S. successfully, seeking legal guidance can help the process go more smoothly for them and for you as well.]]>On Behalf of Schwartz Posel Immigration Law Grouphttps://www.immlawfirm.com/?p=480652023-10-25T12:41:19Z2023-10-25T12:41:19ZSpousal green cards are available in many cases
For someone to bring their spouse to the United States, their foreign national spouse needs to meet certain standards. They will need to undergo a thorough background check and to provide medical records to the United States Citizenship and Immigration Services (USCIS). It will also be necessary for the spouse living in the United States to submit the appropriate paperwork.
All spousal visas require the submission of Form I-130, the Petition for an Alien Relative. There are slightly different rules for spousal green cards depending on whether someone is a citizen or a permanent resident. Whether the spouse is already in the United States or not will also influence the process.
In some cases, people need to apply for visas and then help their spouse adjust their status. There may be consular processing in the country where the foreign national spouse currently resides. People will need to provide their marriage certificates and documentation affirming their status as either a permanent resident or a citizen. After securing a green card, a spouse who enters the country will need to remain married to a United States citizen for at least two years. If the couple divorces before then, the foreign national spouse may lose their green card, as it will be conditional until two years have passed.
Seeking legal guidance to better understand the rules that determine whether a spouse is eligible for a green card can benefit those who want to close the distance between themselves and their spouse who happens to be a foreign national.]]>On Behalf of Schwartz Posel Immigration Law Grouphttps://www.immlawfirm.com/?p=480642023-09-26T10:32:43Z2023-09-26T10:32:43ZWho can get a visa for starting a domestic company?
To qualify for an immigrant investor visa or EB-5 visa, a would-be entrepreneur needs to meet certain standards. They will need to pass a background check and be able to submit necessary medical records to the United States Citizenship and Immigration Services (USCIS).
They will also need to have a substantial amount of liquid capital to invest in a business venture in the United States. Typically, someone will need to commit at least $1,050,000 toward domestic investments to qualify for an EB-5 visa. However, those specifically planning to invest in a rural community or high-priority targeted employment development area with limited employment opportunities could qualify for an EB-5 visa with an initial investment of $800,000.
Regardless of the amount of capital invested, the business operations of those seeking an EB-5 visa will typically need to create at least 10 new domestic full-time jobs. They will need to be permanent positions, not temporary or seasonal offerings.
EB-5 visas are accessible options
For those who have the capital available to start a business in the United States that qualifies for an EB-5 visa, becoming their own bosses could very well be a much better way of achieving their immigration dreams than trying to gain a job with a specific company or to develop relationships that will present future immigration opportunities.
Those who have capital and can pass a background check could turn their business idea into an opportunity to immigrate. Seeking legal guidance to learn more about investor visas could help those with entrepreneurial dreams plan to legally enter the United States.]]>On Behalf of Schwartz Posel Immigration Law Grouphttps://www.immlawfirm.com/?p=480622023-08-23T04:20:52Z2023-08-23T04:20:52ZGet the right documentation
For those already committed by marriage, it may be possible to qualify for a green card upon a spouse's entry into the country. However, if a couple is engaged but not yet married, it will be a K-1 or fiance visa that is necessary to bring someone into the United States. Mistakes in the application process, such as submitting the wrong forms to the United States Citizenship and Immigration Services (USCIS), could lead to rejections or a significantly longer timeline.
Learn about conditional green cards
Those who obtain permanent resident status by virtue of a marriage to a United States citizen typically only receive conditional green cards. Unlike standard green cards, which require renewal paperwork every 10 years, a conditional green card is only valid for two years. There's a requirement to file extra paperwork to remove those conditions. People typically need to remain reunited in the United States and married for at least two years after the foreign national's entry into the country to remove the conditional status from their green card.
Prepare for a lengthy delay
The unfortunate truth about green card and visa application processing is that it often takes a very long time to complete. It may be easier to manage the waiting period if both spouses are already in the United States. If they are not, needing to wait anywhere from over a year to more than two years to receive their green card and permission to enter the United States can be a challenge.
Usually, people want to start the process as soon as possible and to manage it as professionally as possible to avoid delays caused by paperwork errors and other mistakes. Seeking legal guidance proactively can, therefore, make all the difference for women who are United States citizens and who want to bring a foreign national spouse to the United States.]]>On Behalf of Schwartz Posel Immigration Law Grouphttps://www.immlawfirm.com/?p=480612023-06-26T23:10:19Z2023-06-26T23:10:19ZBegin the visa process as soon as possible
Securing an L-1 intercompany transfer visa will require paperwork and background checks, as well as a requirement to submit medical records and other key documents to the United States Citizenship and Immigration Services (USCIS). As soon as an organization makes the decision to conduct an international intracompany transfer, it will likely want to begin the visa process. Internal paperwork for the transfer may also be necessary to facilitate the visa application process.
Provide the worker with transition support
From language lessons and an introduction to the local community to assistance with travel logistics and packing, there are many types of support services that a business can offer a professional seeking an intracompany transfer. Ensuring that a professional has the support they need to relocate and also to acclimate to their new environment will be of the utmost importance during a transition to a different country. Financial support is only one way to help a worker acclimate. Connecting them with local resources will also be very important.
The sooner an organization begins handling the paperwork necessary for a visa and the internal paperwork for the transfer and benefits for the employee, the easier it will generally be to facilitate a smooth transition from working in one country to working in another nation for the same organization.]]>On Behalf of Schwartz Posel Immigration Law Grouphttps://www.immlawfirm.com/?p=480572023-04-23T22:47:15Z2023-04-23T22:47:15Z1. Look at the company's employee roster first
Outside hires can be particularly challenging for businesses to manage while also applying for a visa. Organizations never know if a worker might back out of a job offer at the last moment or end up being a bad fit for the company culture. Pursuing an internal transfer from a foreign office or subsidiary can ensure a better fit and can give a company access to less competitive L visas.
2. Be patient when dealing with lottery systems
Sometimes, if a company wants a visa that is in high demand, like an H-1B visa, it will need to submit an application to a lottery system, which means the visas are essentially random. Organizations that want to bring specific workers to the United States with an H-1B visa will typically need to plan for the possibility of applying multiple years in a row before achieving success.
3. Recognize and address the needs of the workers
It isn't always the actual visa application process that derails an international hire but rather the human elements that can complicate the situation. Individual workers have family members that they want to bring with them may have concerns about how to cover the costs involved in relocating to the United States.
Companies seeking to recruit international talent should be transparent about not just pay and benefits but also about the type of support they offer during the relocation process. From language classes to local tours, there are ways to help people acclimate after moving. Companies that want to attract top talent typically need to offer those workers not just the pay but also the support they need to achieve successive company.
When organizations address both the practical and personal factors that often complicate international hiring, they may have an easier time connecting with the best talent on the market. Identifying the right employment visa programs and seeking legal guidance during the recruiting process can help those companies that are hoping to hire skilled workers from other countries.
]]>On Behalf of Schwartz Posel Immigration Law Grouphttps://www.immlawfirm.com/?p=480562023-04-11T13:52:34Z2023-04-11T13:52:34ZWhat did the courts decide?
Recently, a major ruling on a prior policy that has faced challenges came down in favor of immigrants and their families. Essentially, the courts will allow the continued use of a rule implemented during the Obama Administration. Spouses of workers who hold H-1B visas can continue to use H-4 visas that allow them to seek jobs. The ruling will have an impact on roughly 90,000 existing visa holders and countless others considering employment opportunities in the United States.
Changing immigration laws matter to those with visas
Those who don't know their rights as an immigrant or the family member of someone who has a work visa will have a harder time making use of beneficial court precedents and federal immigration rules. Families that have two parents earning income often enjoy a higher overall standard of living. Additionally, the spouses of those who have the education and career success necessary to qualify for an H-1B visa often also have the potential to contribute substantially to the domestic economy if they seek an H-4 visa to obtain a job.
As the law changes in the United States because of legislation and court rulings, the obligations and rights of immigrants also change. Remaining up-to-date on important work-based immigration policies and working with a legal professional can help immigrants stay compliant and protect their right to remain in the United States.]]>On Behalf of Schwartz Posel Immigration Law Grouphttps://www.immlawfirm.com/?p=480552023-03-21T16:52:06Z2023-03-21T16:52:06Zmore than 6,000 additional primary care physicians alone to even start to relieve the problem.
Immigrant physicians could be an immense help, but the limitations of the J-1 visa that international medical students use to obtain their Graduate Medical Education (GME) are problematic. Even though many students are in the United States long enough to develop deep interpersonal relationships and professional connections that would keep them here, they’re required to return to their home country for a two-year period before they’re eligible for a visa change.
J-1 visa waivers can give some medical students a break
The only way around the J-1 visa’s two-year home residency rule is through a waiver, and the situations that qualify for a waiver are very limited (but not impossible to achieve). To qualify, you need to be in one of these situations:
You are being sponsored for a waiver by an Interested Governmental Agency (IGA) that is willing to employ you here. This includes the Department of Veterans Affairs (VA), the Appalachian Regional Commission (where physician shortages are particularly acute) and the Department of Health and Human Services (HHS), among others.
Forcing you to fulfill the home residency requirement would bring exceptional hardship to your U.S. citizen or permanent resident spouse or children.
A designated State Public Health Department may request it on your behalf, if you have an offer for employment within 90 days of your waiver, will sign a three-year contract and work in an area with a health care professional shortage.
You believe that you will be persecuted because of your race, politics or religion if you’re forced to return to your homeland.
Your home country or its designated ministry can issue a No Objection Statement through its Washington D.C. embassy stating that they are not opposed to you skipping the two-year residency or becoming a U.S. citizen.
If you want to stay in the United States to practice medicine, the road to your dreams may not be as impossible as you think. Learning more about your legal options can help you plan.]]>On Behalf of Schwartz Posel Immigration Law Grouphttps://www.immlawfirm.com/?p=480532023-03-09T18:04:32Z2023-02-28T16:31:20Zvery backlogged right now. For example, between 2019 and 2022, there was a 120% increase in backlogged applications related to the Labor Department. The backlog created by Homeland Security was 54%, while the Justice Department experienced a backlog of 78%. State-level backlogs relating to interviews were the worst, rising by 370% for immigrants. All told, there was a backlog increase of 232% throughout the different departments.
The backlog was created by a rise in pending cases
Interestingly, statistics show that this backlog is happening simply because there are far more pending cases than there were in previous years. Due to the events of the last few years closing offices for a time, the government fell behind and now has more pending cases than they can handle quickly, creating a logjam for all new cases – even though there hasn’t been a notable increase in applications received.
For example, in the second quarter of 2012, total filings exceeded 2 million, and the total backlog was about 2.5 million. Fast forward to the third quarter of 2022, and cases received were again just above 2 million, but the total backlog was far closer to 9 million. This was a dramatic increase over just the previous decade.
What options do you have?
If you find yourself waiting and waiting, it’s important to know about all of the legal options that you have available to you. You must know what steps you can take to work toward the approval that you are seeking. After all, you wouldn’t want something like a technical paperwork error to cause your petition to be delayed even longer.
Working with an attorney to streamline the application process from the very beginning – to the extent that you can – will help to ensure that it goes fast as possible under this very strained system.]]>