Additional Information – English Version

Additional Information for US Immigration (Green Card) and Visas

Adjustment of Status

Adjustment of Status is a process that allows eligible individuals currently in legal status and present in the United States to apply for lawful permanent resident status without needing to return to their home country for consular processing. Applicants must ensure they maintain lawful status throughout the process and avoid any actions that could jeopardize their eligibility. Upon approval, individuals are granted a Green Card, permitting them to live and work permanently in the U.S.

Work Authorization

A Work Authorization permits eligible non-citizens to legally work in the United States. Individuals seeking employment authorization must apply for an Employment Authorization Document (EAD), which serves as proof of their right to work. Eligibility for an EAD varies and includes categories such as pending adjustment of status applicants, asylum seekers, and certain non-immigrant visa holders. It is important to maintain valid work authorization to comply with U.S. employment laws and avoid potential legal issues.

Certain visa categories, such as H-1B or L-1, have an employment authorization incident to their status and do not require an additional EAD application.

Travel Documents

Certain individuals traveling outside the United States must obtain a travel document to lawfully return. The type of document required depends on the traveler’s immigration status and whether they have a pending immigration application. Most individuals must apply for and receive a travel document before departing the U.S., as leaving without proper authorization may lead to immigration complications or the abandonment of pending applications.

Reentry Permit

Lawful permanent residents who plan to remain outside the United States for one year or longer should apply for a reentry permit. This document serves as evidence of their intention to maintain permanent resident status and eliminates the need to obtain a returning resident visa from a U.S. embassy or consulate. A reentry permit does not exempt an individual from residency requirements and does not guarantee entry, but it can help avoid complications when reentering the U.S. after extended travel.

The application for Reentry Permit includes questions about how much time the green card holder has spent outside the U.S. during the last 5 years. Answering these questions with extensive absences can lead to serious issues and it is recommended to obtain the advice of an experienced immigration attorney before submission of the application.

Advance Parole

Advance parole allows individuals without permanent resident status to return to the United States without needing a visa. It is commonly used by applicants with a pending adjustment of status, asylum seekers, and Temporary Protected Status (TPS) beneficiaries. While advance parole permits travel, it does not guarantee reentry. U.S. Customs and Border Protection (CBP) officers determine admissibility upon arrival. Leaving the U.S. without advance parole while an adjustment of status application is pending may result in the denial of the application.

Refugee Travel Document

Individuals with refugee or asylee status, as well as lawful permanent residents who obtained their Green Card through refugee or asylee status, must obtain a refugee travel document before traveling outside the United States. Without one, they may be denied reentry or placed in removal proceedings. Refugees and asylees who plan to travel should apply for a travel document in advance to avoid complications upon their return.

Temporary Protected Status (TPS) Travel Authorization

Individuals granted Temporary Protected Status (TPS) must obtain travel authorization before leaving the United States. This document allows them to return and be inspected upon reentry. Like advance parole, a TPS travel document does not guarantee admission, as CBP officers make the final determination at the port of entry. TPS beneficiaries with pending applications who wish to travel may need to request advance parole instead.

Carrier Documentation

Permanent residents whose Green Card or reentry permit has been lost, stolen, or destroyed while abroad may need carrier documentation to board a flight back to the United States. This document, issued by USCIS, allows transportation carriers to accept the individual for travel. Upon arrival, CBP will determine whether the traveler can be admitted as a lawful permanent resident.

Removal of Conditions for Permanent Green Card

Individuals who obtained their green card through marriage to a U.S. citizen or a lawful permanent resident, are granted only a “conditional” Green Card, valid for two years. To remove the conditions and obtain a permanent Green Card, they must file a petition within the 90-day period before their conditional Green Card expires.

In cases of separation, divorce, annulment, or the death of a U.S. citizen spouse, conditional residents may apply for a waiver of the joint filing requirement and removal of the conditions. This process involves demonstrating that the marriage was entered into in good faith and not for immigration purposes. Failure to timely file or adequately prove the legitimacy of the marriage can result in the loss of permanent resident status.

PERM (Program Electronic Review Management) – Labor Certification

The PERM process through the U.S. Department of Labor is the first step for most EB-2 and EB-3 Green Card applications. It requires U.S. employers to prove that there are no qualified U.S. workers (citizens or green card holders) available for the position through a rigorous recruitment process. The employer must follow strict recruitment procedures, including job advertisements and notices. Once approved, the employer can continue the Green Card process.

I-94 Arrival/Departure Record (Travel History)

The I-94 Arrival/Departure Record is a document issued by the U.S. Customs and Border Protection (CBP) to track the arrival and departure of non-immigrants entering and leaving the United States. It indicates the visa status under which the individual was admitted and the authorized period of stay.

All persons need a Form I-94 except U.S citizens, returning resident aliens, aliens with immigrant visas, and most canadian citizens visiting or in transit.

It is essential for non-immigrants to be aware of their I-94 expiration date and comply with the terms of their admission to maintain lawful status in the U.S. Overstaying the authorized period can lead to serious immigration consequences.

CBP has automated the I-94 process for air and sea arrivals, and non-immigrant travelers can access their I-94 records online (https://i94.cbp.dhs.gov/home).

Derivative Visas

Derivative applicants are individuals who benefit from the principal application’s visa approval. Derivative Visas are for the principal visa applicants’ close family members, which allow them to accompany or join the principal visa applicant into the United States. Eligibility and privileges under derivative visas depend on the specific visa category of the primary applicant. For example, spouses and unmarried children under 21 of H-1B visa holders may be eligible for H-4 visas, which allow them to reside in the U.S. and, in certain cases, obtain work authorization. Similarly, family members of U visa holders may qualify for U derivative visas. It’s important for derivative visa holders to maintain their status and be aware of the conditions and benefits associated with their specific visa category.

Dual Intent

Dual Intent refers to the immigration doctrine that allows certain non-immigrant visa holders to enter the United States temporarily while simultaneously intending to apply for permanent residency. This concept is recognized for visa categories such as H-1B and L-1, where the law permits individuals to have both non-immigrant and immigrant intent. However, not all visa categories permit dual intent. For example, a  B-1/B-2 visitor visa requires an applicant to demonstrate his/her non-immigrant intent. Understanding dual intent is crucial for applicants, as it affects their ability to travel and apply for adjustment of status without jeopardizing their current non-immigrant status.

Premium Processing

Premium Processing is a service offered by U.S. Citizenship and Immigration Services (USCIS) that expedites the processing of certain employment-based visa petitions. For an additional fee, USCIS guarantees a processing time of 15 calendar days for eligible petitions. This service is particularly beneficial for employers and applicants seeking faster decisions on visa petitions, such as H-1B or L-1 visas. It’s important to verify whether a specific petition qualifies for premium processing and to consider the associated costs and benefits when opting for this service.

Affidavit of Support

An Affidavit of Support is a legally required document in which a U.S. citizen or lawful permanent resident agrees to financially support an intending immigrant to ensure they do not become a public charge. This requirement applies primarily to family-based immigrants and certain employment-based cases where a relative has a significant ownership interest in the sponsoring entity. The sponsor must meet minimum income thresholds based on the Federal Poverty Guidelines and, if necessary, may use a joint sponsor or household member’s income to qualify. The financial obligation remains in effect until the immigrant becomes a U.S. citizen or has earned 40 qualifying work quarters in the U.S., typically about 10 years.