Over 25 years of experience in strategic U.S. Immigration counseling and representation in the San Francisco Bay area including advocacy for businesses, individuals and families worldwide.
Newly focused government efforts are underway to re-interpret immigration statutes, regulations and policies to be more favorable to start-ups and to encourage entrepreneurs in both non-immigrant visa categories and for green card national interest waiver options.
NIW and EB1
Extraordinary Ability individuals, internationally acclaimed professors or researchers, and researchers working in the U.S. national interest can apply for the green card without first having to compete against U.S. workers. National Interest Waiver (NIW) and Extraordinary Ability individuals can self-petition.
US to UK
U.K. settlement may be prompted by work or a close family relationship. Because the legal requirements for visas based on a qualifying relationship were recently overhauled, it is important to seek legal counsel especially regarding the new financial requirements.
Green card holders are eligible to apply for citizenship 5 years (3 if marriage-based green card) after achieving green card status, if otherwise eligible. New rules allow certain children to achieve automatic citizenship once they achieve permanent resident status.
Many J-1 scholars find themselves with a two-year home residence requirement which they must satisfy before switching to certain working visas or permanent residence. There is however, the possibility to waive this requirement by applying to the Department of State for a J-1 waiver based on one of the approved grounds.
Close U.S. citizen and permanent resident family relatives in the U.S. can sponsor foreign nationals for the green card. Close relationships include spouse, mother, father and siblings. A U.S. citizen can sponsor a fiancé from overseas to enter the U.S. so that the couple can marry in the U.S. and subsequently file for a green card.
A timely distillation of immigration case strategies
Keeping Your Green Card: 10 Pointers for Re-Entry into the U.S. as a Lawful Permanent Resident (LPR) After Traveling Abroad
Under most circumstances, as a new lawful permanent resident (LPR), you have nothing else to do once the green card arrives, except to be sure to notify USCIS within 10 days of a change of residence (Form AR-11), and to be sure to renew the green card prior to the expiration date on the card by filing Form I-90.
The issue of maintaining lawful permanent residence, therefore, normally only arises when as a lawful permanent resident (LPR) you are returning to the U.S. from an overseas trip.
1. Keep in mind you have no assured right to return to the U.S.
When an LPR seeks to reenter the United States, she is actually applying for admission if absent for over six months. Returning LPRs are not subject to any numerical restrictions, are relieved of certain documentary requirements and may, in some cases, obtain a waiver of certain grounds of excludability.…
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