USCIS' Expedite Process for "Aging-out" Child about to Reach 21 Years of Age

USCIS' Expedite Process for "Aging-out" Child about to Reach 21 Years of Age Question: I am a family-based new immigrant. I will sent out my Form I-1485 application to USCIS very soon. I have a 20 years son who will be included in my Form I-1485 application. I am worry about that he may reach 21 years old before the Form I-1485 approval. Could you please give me some idea about the "aging-out process"? Answer: If one of dependent child is about to reach 21 years of age and seeks immigrant status as the dependent beneficiary of either family-based or employment-based immigration, it is the USCIS practice to take such case as the "top priority" case and expedite the process so that the Green Card applications for the entire family are adjudicated before the child reaches 21 years of age. Consequently, not only the aging out child but also the parents and other siblings receive "expedite" processing and cases are approved in a fairly short period of time. This aging-out expedite process has been available in the USCIS. Currently, aging-out expedite works well in the family-based proceedings. Such aging-out expedite works at the USCIS local district office one-step I-130/I-485 proceedings. The USCIS district offices approves I-485 applications for the entire family members in the event that a child will reach 21 years of age in a few months. http://www.greencardfamily.com/question/question2015/Child-Aging-Out_040115.htm http://www.greencardfamily.com/child.htm

My I-485 Application Is Pending. Can I Leave U.S. Now?

My I-485 Application Is Pending. Can I Leave U.S. Now? Question: My I-485 adjustment application is pending. Can I leave the U.S. while waiting for the Green Card? Answer: If your Form I-485 application is pending, and if you have a valid and unexpired visa, such as H, L, O, K or V visa, then you can travel to outside of United States. If you do not have a valid visa, or your visa is expired, before you leave the United States while waiting to be called in for and interview on your adjustment of status application, you should apply for a permit called "Advance Parole," using Form I-131 issued by U.S. Citizenship and Immigration Services. If you have not already included the "Advance Parole" form with your Form I-485 adjustment of status packet, you can submit it separately. You can avoid paying a separate fee with this I-131 application by submitting a copy of the Form I-485 receipt notice that you got from USCIS upon submitting your adjustment application. If you do not submit Form I-131 application before you leave the United States, USCIS may consider your application to have been abandoned, and will stop processing it. You will then be denied U.S. entry unless you have some other form of visa. http://www.greencardfamily.com/question/question2015/I131-Advance-Parole_040215.htm http://www.greencardfamily.com/i485.htm

What Should I Do for My O-1 Job Change in the United States?

What Should I Do for My O-1 Job Change in the United States? Question: I am a TV producer working in United States with O1 visa. I may need to work with another project about a professional athlete team in the same company but in another city. Do I need to let the USCIS know this? Also, If I change employer in the future, what should I do for my status in United States? Answer: If there has been material change in the terms and conditions of the O-1 visa holder's employment or the eligibility for the employment in United States, the O-1 employer should file an amended petition on USCIS Form I-129 with the USCIS Service Center where the original O-1visa petition was filed. If an O-1 nonimmigrant wants to change employer in the United States, then the new employer should file a USCIS Form I-129 with the USCIS. If the previous O-1 visa petition was filed by an agent, not by the employer, then an amended Form I-129 petition must be filed with evidence relating to the new employer and a request for an extension of stay. There are special rule for athletes. When professional athletes with O-1 nonimmigrant status are traded from one team to another, employment authorization will continue with the new team for 30 days during which time the new employer must file a new Form I-129. The simple act of filing the Form I-129, within this 30-day period, extends the employment authorization at least until the petition is adjudicated. If the new employer does not file a new Form I-129 within 30 days of the trade, the athlete loses his or her employment authorization. The athlete also loses his or her employment authorization if the new Form I-129 is denied. http://www.greencardapply.com/o1visa.htm http://www.greencardapply.com/question/question15/O1-Job-Change_042715.htm

Permanent Position for EB1 Outstanding Researcher or Professor and the Employment "At Will"

Permanent Position for EB1 Outstanding Researcher or Professor and the Employment "At Will" Question: I am from a visa retrogressed country with EB2 National Interest Waiver (EB2 NIW) pending. I am planning to apply for EB1-Outstanding Researcher or Professor (EB-1B) through employer, which is a small state college. The question is my employer willing to sign the Form I-140 petition but stating I am a full time researcher with employment at will. Is it necessary to state I have a "permanent position" for EB1 Outstanding Researcher or Professor petition? Answer: According to USCIS, the “good cause for termination” clause has been an important issue when adjudicating EB1-Outstanding Researcher or Professor petitions. This clause should be included in employment offers to ensure that the job is not “at will” employment. However, USCIS also indicated that EB1-Outstanding Researcher or Professor petitions should not be denied simply because the offer of employment is lacking a “good cause for termination” clause. Therefore, the employment "at will" is also accepted by USCIS for EB1-Outstanding Researcher or Professor petitions, since USCIS considers it is a common business practice to have such clause in the job offer letters. If the employment "at will" cause is in your job offer, then in the EB-1B petition, your employer needs to demonstrate that your research position will have “an expectation of continued employment.” http://www.greencardapply.com/or.htm http://www.greencardapply.com/question/question15/EB1B_Employment_042615.htm

Can I File a Motion to Reopen or Motion to Reconsider after Form I-140 Denial?

Can I File a Motion to Reopen or Motion to Reconsider after Form I-140 Denial? Question: My Form I-140 immigrant visa application was denied after the Request For Evidence (RFE) response to USCIS. What should I do next? Can I file a appeal of a Motion to Reopen? or file a Motion to Reconsider? Answer: A Motion to Reopen is a request to the original decision officer of USCIS to review a decision of the immigrant petition. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances. If your Form I-140 immigrant petition was denied by USCIS due to a Request For Evidence (RFE) or a Notice of Intent to Deny, you can file a motion to reopen if you can show that: •The requested evidence was not material; •The required initial evidence was submitted with the petition; •The request for appearance or additional evidence was complied with during the allotted period, or •The request for evidence or appearance was not sent to the address of record. As another choice, you can also file a "Motion to Reconsider." A motion to reconsider is a request to the original decision officer of USCIS to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration. A motion to reconsider must be supported by “any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or USCIS policy.” Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider. http://www.greencardapply.com/question/question15/Form-I140-Appeal_041115.htm http://www.greencardapply.com/i140.htm

Can I Apply for J-1 Waiver Based on Exceptional Hardship?

Can I Apply for J-1 Waiver Based on Exceptional Hardship? Question: I am the J-1 visa holder with the requirement of 2-year home country service. My U.S. citizen has medical problem. Can I apply for J-1 waiver in hardship? Is it difficult to get approval? Answer: Many J-1 visa holders are required to return to their home country for two years, or must obtain a “J-1 waiver” before they can change or adjust their status in the United States. If a J-1 visa holder does not want to return home country for the two-year to meet the home country residence requirement, he or she can apply for a waiver of the requirement under any one of following five grounds: 1) request by a designated State Department of Health; 2) Interested Government Agency (IGA); 3) persecution; 4) no objection statement; or 5) exceptional hardship. A J-1 visa holder who can demonstrate that his/her departure for two years would cause “exceptional hardship” to their United States citizen or permanent resident spouse or child may obtain a waiver of the two-year foreign residence requirement. The benefits of the hardship waiver are that if approved, the applicant can immediately apply for permanent residence (Green Card) or change of status in the United States. The disadvantages include that the outcome of the J-1 exceptional hardship waiver application is difficult to predict. The typical hardships include medical hardship, psychological hardship, political and social conditions in the home country, and economic and career disruption which would impact the qualifying relatives. Length of marriage, number of children, original nationality of the qualifying relative, and any past separation between the J-1 waiver applicant and the qualifying relatives can also be taken into consideration. Mere separation is not enough to outweigh the public policy objectives of the J1 program. Because the J-1 hardship waiver is not easy to obtain and it is subject to discretionary considerations by adjudicating officers, the J-1 waiver in exceptional hardship should be submitted with careful preparation. http://www.greencardapply.com/question/question15/J1-Waiver-Exceptional-Hardship_041015.htm http://www.greencardapply.com/j1.htm