Can I Leave the US While Awaiting My Adjustment of Status?
If you are in the middle of the US immigration process, it’s crucial to avoid any actions that could negatively affect your case. This might have you wondering—can I leave the US while my adjustment of status is pending? Yes, with the proper documentation, but you may not want to. Learn more about the requirements and risks here.
What is an Adjustment of Status?
An adjustment of status is the process of applying for lawful permanent resident status (also known as applying for a green card) when you already reside in the US. If you’re approved, you can continue living and working in the US and eventually apply for US citizenship. United States Citizenship and Immigration Services (USCIS) is the government agency responsible for processing your application.
Can You Travel While Awaiting a USCIS Adjustment of Status?
If you have a pending adjustment application, this means you have already filed Form I-485 to apply for a green card. After navigating the complex application process, you want to ensure you don’t make any mistakes that could jeopardize becoming a green card holder.
Do you want to visit your home country while your adjustment of status is pending? You’ll need to obtain an advance parole document. This is a temporary travel authorization that allows you to reenter the US without a visa. If your situation requires an advance parole travel document and you fail to obtain one, you will abandon your Form I-485 application. Therefore, it’s essential to consult an immigration attorney before leaving the country.
How to Obtain an Advance Parole Travel Document
Complete Form I-131, Application for Travel Document, and submit it to the USCIS. Be prepared to give specific dates and reasons for leaving the country. Submitting the form is not enough—you must await approval before you travel.
Risks of Traveling with a Pending Adjustment of Status Application
The border patrol officer inspecting you upon reentry to the US has the authority to deny reentry if they have reason to believe that you should not be admitted. In short, unless you have an urgent reason to leave the country, it’s best to remain in the United States while you await the outcome of your green card application.
For more information about immigration law and applying for an adjustment of status, reach out to Hurtubise Weber Law LLP. We can help you navigate the immigration application process! Call us today at (415) 849-1199 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, CA.
How Can I Verify What is My Immigration Status?
If you recently filed an immigration application with United States Citizenship and Immigration Services (USCIS), you may be eager for an immigration case update. Keep in mind that USCIS processes hundreds of thousands of applications every year, so there may be a prolonged waiting period. Still, you can check your case status at any time. Here’s how.
Get Your Receipt Number
To check your immigration application status, you first need your receipt number. This 13-character number is assigned to your application when it arrives at the USCIS office. Know that it can take a few weeks to receive your receipt number. If it hasn’t arrived within 30 days of filing your application, contact USCIS to find out why.
Make a USCIS Account
While not required, you can create an account on the USCIS website to stay informed about your immigration status, update your address, submit inquiries, and more.
Check Your Immigration Status
There are multiple ways to check your immigration status. Here are your options:
Check your USCIS case status online: The easiest method is to enter your receipt number on the USCIS website. This gives you the most recent status update of your application.
Check your case status by phone: Don’t have internet access? Call the USCIS National Customer Service Center at 1-800-375-5283. Be prepared to provide your receipt number to the representative who takes your call.
Check the status of an application mailed to a lockbox: Did you send your immigration application to a lockbox in Chicago, Dallas, or Phoenix? Email USCIS at lockboxsupport@uscis.dhs.gov. You’ll need the form number, your receipt number (if you have it), the applicant’s name, and your mailing address.
Check your status with the NVC: If the National Visa Center is handling your immigration case, visit the NVC website for more information.
What is the Average Immigration Application Processing Time?
Every applicant wants their paperwork processed as quickly as possible, but the wait times can range from a few months to years. It all depends on the type of application you submitted and how backed up the USCIS office is at the time of filing.
Fortunately, USCIS provides processing estimates. Simply select the form you filed, the form category, and the office you sent it to from the drop-down lists. If you have been waiting longer than the estimated time shown and haven’t received case updates through your USCIS account, reach out directly by phone or email for more information.
Checking your immigration case status should be straightforward, but if you run into issues, reach out to Hurtubise Weber Law LLP. We can help you avoid problems with your immigration application and provide regular status updates. Call us today at (415) 849-1199 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.
Can You Apply for a Green Card Next Month? Check the July 2022 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for July 2022 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status or to receive their green card or immigrant visa in July.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-july-2022.html
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
How Much Does a Green Card Sponsorship Cost a Company?
Are you a US employer looking to sponsor a foreign worker? Every employment-based (EB) visa and green card has different legal requirements and costs. One option is to sponsor an EB green card, also known as a permanent resident card.
Types of Employment-Based Green Cards
EB-1
EB-1A applicants demonstrate extraordinary ability in a specific field. They don’t require employer sponsorship.
EB-1B applicants include outstanding researchers and professors with national acclaim.
EB-1C applicants include executives and managers of foreign companies.
EB-2
The job must require an advanced degree (MBA, PhD, etc).
The employer must attempt to recruit a US citizen or green card holder first.
A candidate can apply without a sponsor if they can show that their employment is in the national interest of the US.
Note that citizens from India and China currently face a four- to nine-year backlog.
EB-3
The job must require a four-year degree or equivalent.
The employer must attempt to recruit a US citizen or green card holder first.
Note that citizens of all countries currently face a backlog, especially those from India (12 years) and China (11 years).
How Much Does an Employer-Sponsored Green Card Cost?
Most US employers sponsor foreign workers through permanent labor certification, commonly known as PERM. The specific costs vary based on the circumstances surrounding the business, the foreign worker, and the job position. Be aware that the employer is required to pay all the costs of the PERM process, including:
Filing fees: Currently, there are no fees associated with filing a PERM application through the Department of Labor (DOL). However, employers must also file Form I-140 with United States Citizenship and Immigration Services (USCIS) for a $700 fee as of 2022.
PERM job advertisements: The employer must pay the advertising costs to post the job opportunity.
Legal fees: Due to the complexities of the PERM process, working with an immigration lawyer is highly recommended. It’s essential that the employer, not the employee, work with an attorney and manage the sponsored application process. Lawyers’ fees vary, but an employer can expect to pay thousands of dollars.
Prevailing wages: US immigration law requires employers to pay foreign workers at or above the prevailing wage for the job position in the area. There are no exceptions to this rule.
An employee’s immediate family members can obtain green cards as derivative beneficiaries, but the employer is not obligated to sponsor them.
Hire an Immigration Lawyer to Begin the Process
For help sponsoring a foreign employee’s permanent residency, please reach out to Hurtubise Weber Law LLP. We can help you successfully navigate the process for the best possible results. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.
Who Can You Sponsor as a US Citizen or Permanent Resident?
The United States government offers many benefits to its citizens and permanent residents. Those born in the States or living in this country as naturalized citizens or lawful permanent residents are permitted to bring foreign-born relatives to the US. Family-sponsored green cards and immigrant visas are issued by United States Citizenship and Immigration Services (USCIS), as well as the US Department of State. Not every family member can immigrate to the US through family sponsorships. Below is more information about who you can sponsor as a US citizen or permanent resident and the requirements and restrictions that apply.
Sponsoring an Immediate Relative
Most family-sponsored immigrant visas are obtained for close family members. USCIS defines “immediate relatives” as the spouses, children, and parents of US citizens. The US government does not limit the number of immigrant visas and green cards that can be issued to immediate relatives each year, which means these petitions may be processed more quickly than others.
Sponsoring Other Family Members
A US permanent resident or “green card” holder is eligible to sponsor family-based green cards for relatives in the “family preference categories.” US citizens are also eligible to sponsor their adult children and siblings under these categories. The number of green cards and immigrant visas that may be issued each year in each of these categories is limited. The categories include:
Unmarried sons and daughters over age 21 of US citizens
Spouses and unmarried children under age 21 of permanent residents
Unmarried sons and daughters over age 21 of permanent residents
Married sons and daughters of any age of US citizens
Siblings of US citizens (if the US citizen filing the petition is over age 21)
Things get a bit more complicated in situations with adoptive parents, stepparents, and children who “age out” due to the extensive delays in immigration processing times. However, working with a good immigration attorney can help ensure a fair outcome.
The Application Process
Sponsoring a family member to join you in the US can be quite a lengthy process. Even a spouse, who is generally accorded a shorter processing time, may have to wait as long as two to three years. The fastest way to secure a family-based green card is to work with Hurtubise Weber Law. We’ll assist you every step of the way to help you remain with your loved ones or to reunite you with them as soon as possible!
For more information about family-based green cards and immigrant visas and to speak with an immigration lawyer in San Francisco or San Jose about your situation, please call us at (415) 413-8760 or contact us online today.
