Do You Need A Green Card To Join The Military – Applying for a U.S. Green Card it’s not always straightforward, and you’re bound to have questions as you go through the process. So he scoured the social media platform Reddit for the most frequently asked questions about the green card application process. Read on for our answers.
In general, there must be an underlying basis that US Citizenship and Immigration Services (USCIS) will grant someone a green card. This is usually a family relationship, such as a marriage-based green card; or an employment relationship, such as a work visa leading to a green card.
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Once the spouse applying for a green card divorces the US citizen sponsor or annuls the marriage, the basic basis for the green card application is gone and USCIS will not grant a green card. In this situation, if the application is not withdrawn, it will be rejected.
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Withdrawing a petition is permanent, so petitioners are usually sure they want to withdraw before taking action.
USCIS requests the withdrawal of an application in writing through USCIS directly. Usually, sending a letter to USCIS confirming that the petition should be withdrawn, along with a copy of the I-130 or I-485 Notice of Receipt, is all that is required.
The letter is sent to the same address listed on the I-130 or I-485 receipt notice sent by USCIS after the petition is filed. You may also call USCIS directly at 1 (800) 375-5283, although it is more common to correspond with USCIS in writing to ensure there is a record on file.
Yes! The H-1B and L-1 are dual-purpose visas, meaning that an applicant may have the temporary intent to work on the H-1B or L-1 and at the same time have the intent to immigrate by applying for a book green/ adjustment status.
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No, unfortunately F-1 student visas do not allow dual intent. Applying for a green card means asserting immigrant intent, so one cannot pretend to have no immigrant intent when applying for F-1.
I can’t reach a live USCIS agent by phone – are there any shortcuts to reach them?
This is a weird one, but some immigration attorneys suggest repeating the word “Infopass” over and over to get a real person on the phone!
The answer to this is essentially the same as the answer above about withdrawing an application: If an applicant filed for a green card based on marriage, but then the marriage ends, there is no basis on which a green card can be granted.
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The exception is if the spouse was a US citizen and subjected the applicant to assault or abuse. In this situation, they can convert the I-485 to an I-360. This can be done by either withdrawing the I-130 (Family Relationship Petition) already pending and filing an I-360 with the Vermont Service Center (VSC) and, once approved, request that USCIS conduct the interview I-485. based on the approved I-360 instead of the originally filed I-130. It is also possible to file the I-360 with an existing Notice of Receipt I-485 and request the conversion directly from the VSC. Under no circumstances should this be attempted without the assistance of an attorney.
In many cases, this should not be a problem, especially if the sponsoring partner is a US citizen. However, certain visas do not allow immigrant intent, and certain actions—such as marrying a U.S. citizen—can be interpreted as showing immigrant intent (an F-1 visa, for example, will be revoked if a visa holder marries and takes up residence with a US citizen with the intention of immigrating). This means that it is important for the person seeking a green card to think carefully about their timeline and what they hope to achieve (completion of education and so on).
Individuals who overstay a nonimmigrant visa and wish to marry a green card holder (rather than a US citizen) will not be able to adjust status if they have any unlawful presence, which would begin to accrue once the visa expires, with unless they are granted a visa. I-601A Provisional Waiver of Unlawful Presence.
In addition, a person who wishes to marry a US citizen and has been unlawfully present in the United States for more than 180 days in a single stay and then leaves is subject to a 3-year ban on re-entering the country and also requires a 601A certificate. exemption from applying for a green card.
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An unlawful presence of more than 1 year in a single stay, followed by a departure, will result in a 10-year ban from re-entering the United States.
The National Visa Center (NVC) will generally close a case if it does not receive any contact from the applicant or petitioner for one year. Applicants may reschedule their immigrant visa interviews through the US government website USTravelDocs.com. It may also be possible to change the appointment date through USTravelDocs by canceling the current appointment and then going through the appointment scheduling process again.
There are usually five possible outcomes for a green card interview. Find out more here about what they are and what’s next.
It looks like you are working on an app right now. Applicants usually only need one service at a time.
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A foreign national who wants to live permanently in the United States needs an immigrant visa. This is sometimes called getting a green card. Here are the seven best ways to get your green card in the United States.
To be eligible to obtain a green card this way, a foreign national must be sponsored by a close relative who is at least 21 years old and is either a US citizen or a lawful permanent resident of the US. Marriage is a common way to do it, but the marriage must be genuine and not simply made for immigration purposes – intent is key.
Immediate relatives – these visas are based on a close family relationship with a US citizen, such as a spouse, child, or parent. The number of immigrants in these categories is not limited each fiscal year. Processing is done quickly, usually say about a year.
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Family Preference – these visas are for specific, more distant family relationships with a US citizen and certain specified relationships with a lawful permanent resident. The number of immigrants in these categories is limited each fiscal year. Processing takes longer, usually years – sometimes decades.
The EB-5 direct investor program currently allows immigrant investors to obtain green cards by investing as little as $500,000 in their businesses, provided they create ten new jobs. This opportunity is temporary and is likely to close by the end of the year, the amount needed is likely to reach $900,000 as it was before. A regional center variant of this program is currently closed and awaiting reopening by Congress.
Think Toyota sends its manager from Tokyo to New York to manage its New York office. This is a classic example of a transfer between companies that can lead to a green card. Your petitioning employer must be a US employer and intend to employ you in a managerial or executive capacity. Petitioner must have conducted business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship with the entity that employed you abroad as a manager or executive. No labor certification is required, so this is a very desirable way to get a green card.
Get a student visa to study at a US college for a bachelor’s or master’s degree. This will entitle you to a one-year postgraduate work permit called Optional Practical Training. After a year, have your boss apply for an H1B work visa for you. Then have your boss apply for labor certification from the Department of Labor proving that there are no American workers who are ready, willing, and able to take the job. Then, apply for a green card through the Department of Homeland Security’s Immigration and Citizenship Service. This is a long and winding road full of agony, but it may be the only option for many applicants, especially those who have skills but little money to invest and no family in the US.
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Either apply for an H1B work visa and then obtain a green card through labor certification as described in the student example, or apply for an EB-2 temporary worker green card based on a national interest waiver.
H-1B applicants who perform service in a specialty occupation, service of exceptional merit and skill related to a Department of Defense cooperative research and development project, or service as a fashion model of distinguished merit or skill may then obtain green cards if their employer wants them to apply for labor certification and then sponsor them for a green card. Again, this is an arduous route that starts with a lottery in most of them
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