Frequently Asked Questions

  • Can a student with F1 status file a Green Card Application?

    Yes, but, it is unlikely that you will receive your Permanent Residency before your OPT expires. This could be a problem if you plan on continuing in school or extending your F status. Indicating you are an intending immigrant renders you ineligible for extensions of your F status.

  • Can I leave the country and return in F status during a pending application for OPT?
    A student in F status who leaves the country will be unable to return. Also, once you depart you are ineligible to use the remainder of the OPT period.

  • I am a U.S. citizen. I want to apply for a Green Card for my parents. How long do they have to remain here to maintain their status as Permanent Residents?
    Permanent residents are required to maintain a permanent residence in the U.S. Any absence abroad that extends beyond six months raises the presumption that the Green Card holder has abandoned his or her permanent residence in the U.S. The Green Card holder then has the burden of overcoming this presumption when they attempt to re enter the United States after a long absence. 

  • What Happens if a Spouse is not Included in I-485 Adjustment? Will Filing an I-130 Grant Status to Remain in the US?
    The I-485 for the spouse can and will be adjudicated only if dates are current, which would immediately allow the principal to file a dependent application to adjust status. Also, the spouse would be able to accompany/join the principal if their name was included in the I-140, or the marriage happened prior to adjudication. 

  • When should I file my spouse’s Application to Adjust Status?
    You can file an Application to allow your spouse to join you in your Green Card application up until the final adjudication or your Application to Adjust Status. In other words, it is not necessary to get married prior to filing the Form I-485, Application to Adjust Status. You are allowed to file an application on behalf of your spouse after the filing of the Application to Adjust Status, but prior to final adjudication.

  • When am I eligible to file for Naturalization after marriage to U.S. Citizen?
    It depends. Typically, the non Citizen spouse must wait until 2 years and 9 months from the time they became a permanent resident to apply for Naturalization. This could be done while they are still waiting for the condition to be removed on your Permanent Resident status.

  • What is the EB-2 Qualification Criteria?
    To qualify for Employment Based Second Preference classification, the job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a Bachelor's degree plus five years progressive work experience in the field). You could also qualify for the position if it requires a Master’s degree and you possess such a degree or its equivalent