Posts Tagged ‘Green Card’

When is a Lawful Permanent Resident considered seeking admission to the United States?

October 23rd, 2011 Tushar Mathur

The United States immigration laws confer certain rights and privileges to a person who has been granted Lawful Permanent Resident (LPR) status by the government.  These individuals, commonly known as green card holders, are authorized to work and live in the United States indefinitely.  Legal residents are also allowed to return to the United States after international travel.  Nonresidents, on the other hand, are considered applicants for admission and must establish that they are admissible to the United States in order to enter.

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EB-2 India and China Advanced to November 1, 2007 in November Visa Bulletin

October 5th, 2011 Tushar Mathur

Good news for Indian and Chinese EB-2 green card applicants:  the cut-off dates advanced 2 1/2 months to November 1, 2007 in November's visa bulletin just released by the State Department.


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LA Asylum Fraud and Asylum Reform

September 19th, 2011 Tushar Mathur

Recently, an immigration consulting business in Los Angeles was charged by the authorities with immigration benefit fraud and failing to disclose their role as preparers on hundreds of asylum applications.  This story may not be news for people who are familiar with immigration news.  It is just another immigration fraud case, one may say.  However, it offers some insights into the political asylum application process in the U.S.

The U.S. as a country of immigrants and freedom has always embraced the idea of providing protection for those who need it.  It has incorporated the definition of “refugee” from the United Nations Convention and Protocol Relating to the Status of Refugees in the domestic law.  Simply put, a refugee is a person outside her country or last place of residence who is unable or unwilling to return to that country or place because of persecution or a well-founded fear or persecution on account of race, religion, nationality, membership in a particular social group of political opinion.

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VAWA self-petitions can be filed by the victim between the ages of 21 and 25

September 8th, 2011 Tushar Mathur

The USCIS has issued a policy memo dated September 6, 2011, to allow victims of abuse to file their self green card petitions even though they are over the age of 21 if it is filed before the age of 25.  The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005) amended section 204(a)(1)(D) of the Immigration and Nationality Act to allow continued eligibility for certain individuals to file a VAWA self-petition after the age of 21, if the abuse was at least one central reason for the filing delay. 


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The Religious Worker Path to a Green Card

May 11th, 2011 Tushar Mathur
If you work for a recognized religious organization, either as a minister or a religious worker, you might qualify for a green card as a special immigrant. You can apply for your green card as a minister or religious worker from inside the U.S.—if you are in lawful status and not working without authorization—or from abroad. You start the process by filing an I-360 petition on your own or through your employer. Whether you or your employer files the petition, the prospective U.S. employer must submit certain documentary evidence, including an attestation showing that certain requirements have been met regarding the organization, its history of filing this type of petition and the position and salary.

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Visa Backlog Expected to Go Down For Spouses & Children!

February 9th, 2011 Tushar Mathur

I have heard from a reliable source in Seattle earlier this week that the State Department backlog for the Family 2A preference category–spouses and children of permanent residents–will likely be going down very soon. This is a big deal. Currently, as of the February 2011 Visa Bulletin, there is a three (3) year wait for green card holders who are applying for their spouses and children (under 21).

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February 2011 Visa Bulletin – Family remains retrogressed; Employment sees slight advancements

January 14th, 2011 Tushar Mathur
The February 2011 Visa Bulletin was released recently by the State Department.  In general, there is not much positive movements in the cut off dates for both family and employment petitions.  On the family side, the retrogression that started in January continues to be a problem. As discussed previously, the rapid forward advancements in family cut off dates during the past two years have caused a huge increase in  demand for family immigrant visa numbers.  As a result, the U.S.

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How a Divorce Can Hurt Your Immigration Case

January 5th, 2011 Tushar Mathur

Three of the most common times when a divorce can negatively impact a person’s immigration case are: (1) when someone is waiting for their green card (a.k.a. applying to adjust their status); (2) when someone is trying to change a conditional residence status to permanent residence status; and (3) when someone is waiting on their naturalization (citizenship) application.

First, if an immigrant is married to a U.S. citizen and applies for a green card, but divorces the U.S. citizen before the green card is approved, the immigrant will no longer be eligible for a green card. The only exception is when the U.S.

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