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Lawful Permanent Residence in the U.S.

7 04, 2005

How Long Can I Remain Outside the US on My Green Card?

By |2005-04-07T14:00:36-05:00April 7th, 2005|Categories: Citizenship / Naturalization and the N-400 Application, Customs and Border Patrol / Travel to and from the U.S., Green Cards, Lawful Permanent Residence in the U.S.|

How Long Can I Remain Outside the US on My Green Card? April 7, 2005   Individuals granted lawful permanent residence status in the U.S. and issued an Alien Registration Card (aka “green card”) are expected by the U.S. government to be living in the U.S. That being said, U.S. residents are allowed great flexibility in departing the U.S. for extended periods, and sometimes for as long as two years. But inevitably, problems arise when the extended visits outside the U.S. are frequent and successive, or get really extended. In general, a lawful permanent resident is allowed to travel outside the […]

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15 03, 2005

Timing of U.S. Citizenship Applications, Including New Policy

By |2005-03-15T14:00:36-06:00March 15th, 2005|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

Timing of U.S. Citizenship Applications, Including New Policy March 15, 2005 In most cases, prospective applicants for U.S. citizenship must live in the U.S. for 5 years as lawful permanent residents before they become eligible to submit their N-400 applications. For applicants who are married to U.S. citizens, eligibility commences after they have accumulated 3 years of lawful permanent residence, as long as they have resided with their U.S. citizen spouse for all 3years. (In actuality, N-400 applications can be filed within the 90 day period just prior to the accumulation of 5 or 3 years of residence). Additionally, in most […]

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22 12, 2004

More on Immigrant Visa Delays for Certain Filipino, Chinese and Indian Professionals

By |2004-12-22T14:00:36-06:00December 22nd, 2004|Categories: Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|

More on Immigrant Visa Delays for Certain Filipino, Chinese and Indian Professionals December 22, 2004 If you are a “professional” or “skilled worker” from the Philippines, China or India and are just starting the U.S. immigrant visa petition process or your immigrant visa filing is now pending, chances are you will be impacted by recent U.S. State Department news of limited availability of visas in certain employment based categories. The news applies to professionals and skilled workers from the Philippines, China and India, and workers affected include most types of health care workers (e.g. registered nurse, physical therapists, medical technologists, etc) […]

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15 07, 2004

Travel Outside the US while Permanent Residence Processing is Pending

By |2004-07-15T14:00:36-05:00July 15th, 2004|Categories: Customs and Border Patrol / Travel to and from the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

Travel Outside the US while Permanent Residence Processing is Pending July 15, 2004 With the worst delays in recent history affecting the processing of all types of immigration filings, applicants are often left wondering what they are paying for when submitting their money orders or checks for substantial amounts, payable to “U.S. Citizenship and Immigration Services.” Unfortunately, extensive delays are fast becoming the norm, with the processing of Advance Parole Travel Documents as one example. For most individuals temporarily living in the U.S. but seeking to travel outside the U.S. while their applications for permanent residence (I-485) remain pending, an Advance […]

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10 06, 2004

Immigration Processing Delays and Possible Solutions

By |2004-06-10T14:00:36-05:00June 10th, 2004|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Immigration Processing Delays and Possible Solutions June 10, 2004 Whether you are a U.S. citizen filing immigration paperwork on behalf of an overseas spouse or parent, or you are an applicant for permanent residence awaiting processing in the U.S., no doubt, you have become familiar with the extensive processing delays plaguing many aspects of the U.S. Citizenship and Immigration Service’s (“CIS”, formerly INS) operations. For individuals residing in the Chicago area or Midwestern U.S., the CIS’ Nebraska Service Center may be the source of the problem. Or for some other applicants nationwide, the newly created National Benefits Center in Missouri may […]

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13 02, 2004

INS’ Mismanagement of Asylees’ Green Card Filings Ruled a “National Embarrasment”

By |2004-02-13T14:00:36-06:00February 13th, 2004|Categories: Asylum in the United States, Green Cards, Lawful Permanent Residence in the U.S.|

INS’ Mismanagement of Asylees’ Green Card Filings Ruled a “National Embarrasment” February 13, 2004 In a ruling handed down this past week, Federal Judge Richard H. Kyle, of the U.S. District Court of Minnesota, condemned the INS for unlawfully failing to adjust the status of 22,000 asylees waiting to become permanent residents. Calling the INS’ (now CIS) mismanagement of these cases, a “national embarrassment,” Judge Kyle ordered the government to immediately begin to adjust the status of thousands of immigrants who have been granted asylum and have had their applications for permanent residence pending for as long as 5 or more […]

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28 11, 2003

Important Policy Change for Healthcare Professionals in the U.S. Seeking Green Cards

By |2003-11-28T14:00:36-06:00November 28th, 2003|Categories: Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Important Policy Change for Healthcare Professionals in the U.S. Seeking Green Cards November 28, 2003 In the past week, the U.S. Citizenship and Immigration Service’s headquarters in Washington, declared an important reversal of policy, lifting a significant burden off the backs of foreign healthcare workers seeking to become U.S. lawful permanent residents. The policy change: foreign healthcare workers residing in the U.S. seeking to apply for permanent residence no longer must obtain a Visa Screen Certificate prior to commencing the I-485 permanent residence process. Instead such certification can be submitted at any time following submission of the I-485 applications, but of […]

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31 10, 2003

US VISIT, DREAM Act, and Special Immigrant Religious Workers

By |2003-10-31T14:00:36-06:00October 31st, 2003|Categories: Customs and Border Patrol / Travel to and from the U.S., Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|

US VISIT, DREAM Act, and Special Immigrant Religious Workers October 31, 2003 Below is a discussion of the status of some of the more significant immigration-related policies and legislative proposals. US VISIT The United States Visitor and Immigrant Status Indicator Technology, or US VISIT, is a $350 million plus legislative mandate set to be put in motion at all land and sea ports by year’s end, at the 50 busiest land ports by the end of 2004 and at all ports of entry by the end of 2005. Department of Homeland Security Officials are working to meet these goals as training […]

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8 08, 2003

I Just Got Married – Can I Apply for My Green Card and Undergo All Processing in the U.S.?

By |2003-08-08T14:00:36-05:00August 8th, 2003|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., Undocumented Immigrants and Workers in the U.S.|

I Just Got Married – Can I Apply for My Green Card and Undergo All Processing in the U.S.? August 8, 2003 This is definitely one of the more common questions presented to me as an immigration lawyer. Sometimes the client in question got married to a lawful permanent resident (“green card” holder) and sometimes to a U.S. citizen. Sometimes the client is in status, other times they have overstayed their visa. Other times, they came with someone else’s visa, or with no visa at all. The following are my most common responses to the scenarios presented above (for this discussion, […]

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25 07, 2003

Proposed “Guest Worker” Legislation

By |2003-07-25T14:00:36-05:00July 25th, 2003|Categories: Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Proposed “Guest Worker” Legislation July 25, 2003 John Cornyn, a Republican Senator from the State of Texas, recently introduced a bill in the U.S. Senate to allow “guest workers” from certain countries to enter the U.S., gain employment authorization for a period ranging from 1 to 3 years, and ultimately have a chance at lawful permanent residence following a 3 year period of service. At this point, this measure is only a proposal, and has yet to be debated or voted upon. However, the fact of its introduction is continuing evidence that politicians on a national level recognize the ever growing […]

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