When Immigration Matters

The Form I-485, known as the Application to Register Permanent Residence or Adjust Status, is essential for individuals already in the United States in some other lawful status, who wish to become lawful permanent residents, commonly referred to as obtaining a Green Card. This form is a crucial step in various scenarios where someone seeks to change their status from a nonimmigrant to a permanent resident. Understanding when and how to use Form I-485, and the importance of accuracy can make a significant difference in the success of your application.

The United States provides distinct pathways for skilled professionals globally to relocate and contribute to its dynamic economy through the EB-1, EB-2, and EB-3, employment-based preference visas. Each category targets a unique group of talents, ranging from individuals with extraordinary abilities and outstanding achievements to skilled workers and professionals. Recognizing the critical differences among these visa categories is essential for aligning your career goals and immigration aspirations with the right opportunities and ensuring a successful transition to the U.S. 

On June 18, 2024, the Biden administration announced one of the largest immigration relief programs in recent history that will offer legal status to hundreds of thousands of immigrants living in the country without proper documents.

The first program announced is the “Parole in Place Program”.  This program will offer work permits and deportation protection to unauthorized immigrants married to U.S. citizens and their children.  In order to be eligible, noncitizens must – as of June 17, 2024 – have resided in the United States for 10 or more years and be legally married to a U.S. citizen, while satisfying all applicable legal requirements.  This will include the ability to obtain green cards in the USA without first having to leave the USA to process their permanent residency applications overseas at a US. Consulate. 

Those who are approved after Department of Homeland Security’s case-by-case assessment of their application will be afforded a three-year period to apply for permanent residency. They will be allowed to remain with their families in the United States and be eligible for work authorization for up to three years. This will apply to all married couples who are eligible.  

The second program will streamline the process for so-called DREAMers and other undocumented immigrants to request D-3 waivers that would make it easier for them to obtain temporary visas, such as H-1B visas for high-skilled workers if they have earned a degree from an accredited institution in the United states, and who have received an offer of employment from a U.S. employer in a field related to their degree.  This relief program could possibly also make it easier for DREAMERS to apply for employment based green cards after successfully obtaining a temporary visa in the United States. 

Please note that these programs are not accepting applications yet and are only expected to become active by the end of the summer after a Federal Register notice detailing the application process and other information is published. United States Citizenship and Immigration Service (USCIS) will reject any filings or individual requests received before the application period begins later this summer.  We will keep you updated on any announcements regarding any new policies that are announced and/or implemented.  As of writing this alert, there is no new policies in place so please be careful of scammers and Notarios trying to take advantage of these rumors. 

Chapter 1: The Dream

Maria stood on the deck of the ferry, her eyes fixed on the Statue of Liberty. This was her first view of America, the land of opportunities where she hoped to build a better future for her family. She had left her home country, a small village in Guatemala, with dreams of becoming a U.S. citizen. Little did she know that this journey would be filled with challenges, but also with moments of triumph.

Chapter 2: The Beginning

Maria settled in a small apartment in New York City and found a job as a housekeeper. She worked tirelessly, saving every penny to support her family back home. But Maria had bigger dreams. She wanted to bring her parents to the United States so they too could experience “the American Dream”. To do this, she knew she needed to become a U.S. citizen.

Chapter 3: The First Steps

One evening, Maria attended a community meeting where she learned about the steps to obtain U.S. citizenship. The process seemed daunting: first, she had to become a legal permanent resident by obtaining a Green Card. Then, after three or five years depending on how she obtained permanent residency, she could apply for naturalization. Maria hired Pollak PLLC to assist her in her immigration journey.

Chapter 4: The Legal Process

Maria’s employer was willing to sponsor her for a green card. The Pollak immigration team assisted Maria and her employer in successfully obtaining her Green Card.  Attorney Karen-Lee Pollak, guided her through the intricate process of obtaining a Green Card. This process took three long years. 

The next five years were a mix of hard work, perseverance, and dedication. Maria took English classes and learned about American history and government, preparing herself for the naturalization test.

Chapter 5: The Naturalization Process

Finally, the day came when Maria was eligible to apply for naturalization. She filled out the N-400 questionnaire provided to her by the Pollak immigration team, gathered her documents, and eventually we sent her application to United States Citizenship and Immigration Services. Months later, she received a notice for her biometrics appointment, where her fingerprints were taken.

The most nerve-wracking part was the interview and test. Maria studied tirelessly, determined to pass and went through a mock-interview with the Pollak immigration team. On the day of her interview, she was well prepared and answered questions about her background, her application, and American civics. When the officer told her she had passed, tears of joy filled her eyes.

Chapter 6: The Oath of Allegiance

Maria’s journey culminated in a grand ceremony where she took the Oath of Allegiance to the United States. Standing among hundreds of new citizens, she felt a profound sense of pride and accomplishment. As she held her Certificate of Naturalization, she knew her dream had finally come true.

Chapter 7: A New Beginning

With her U.S. citizenship, Maria was able to petition for her parents to join her in America. The family was reunited, and Maria’s parents have thrived in their new environment.  

Maria’s story is a testament to the determination and resilience of immigrants. With the right support and guidance from a dedicated immigration law firm, her dream of becoming a U.S. citizen became a reality. Maria now shares her journey with others, inspiring them to pursue their dreams of citizenship and a better life in the United States.

At Pollak PLLC, we are proud to support individuals and families on their journey through the complex world of immigration law. Today, we want to share a heartwarming success story of one of our clients who recently received their marriage-based green card.

The Non-Immigrant NAFTA (TN) professional classification streamlines the process for qualified Canadian and Mexican citizens to engage in professional business activities in the United States. This pathway is a cornerstone of the economic and trade relationship established between the United States, Canada, and Mexico, allowing a range of professionals, including accountants, engineers, and scientists, to work temporarily in the U.S.

The journey from an international student to a working professional in the United States embodies the aspirations and hard work of countless individuals from around the globe. The F-1 student visa program serves as a gateway for ambitious students to immerse themselves in the educational excellence of U.S. institutions.

Immigration policies in the United States are going through a positive shift, particularly for foreign workers in the Science, Technology, Engineering, and Math (STEM) sectors. Recent data from U.S. Citizenship and Immigration Services (USCIS) indicates a notable increase in visa and green card approvals for STEM professionals. This encouraging development is largely attributed to revised eligibility criteria for two key visa categories: the O-1 visa and the EB-2 visa with a national interest waiver.

 Marriage connects not just two individuals but often bridges the gap between different countries. In the United States, marriage to a U.S. citizen or lawful permanent resident opens the door for the foreign spouse to apply for a marriage-based green card. This process allows the foreign spouse to live and work in the U.S. permanently, creating a foundation for families to start their new lives together.

On October 17, 2023, the US Department of State (DOS) sent a Federal Register Notice to the Office of Information and Regulatory Affairs for review, proposing that certain H1-B candidates will not have to travel overseas to renew their visas. Sending a notice to the Office of Information and Regulatory Affairs is a preliminary step before publishing a proposed rule in the Federal Register.