CSPA Coverage for K-2 Child before 21 Birthday Question: I was in the K-2 status before, and will reach 21 birthday soon. Can I get Green Card without leaving the United States using CSPA protection? Answer: A K-2 child does not generally have a Form I-130 petition for alien relative filed by the U.S. citizen, which is required in order for Child Status Protection Act (CSPA) provisions to be applicable. Therefore, a K-2 child cannot utilize the CSPA when seeking to adjust status. Thus, a K-2 child may only seek Form I-485 adjustment before reaching the 21st birthday, and must adjust prior to his/her 21st birthday. U.S. Citizenship and Immigration Services (USCIS) may accept a Form I-130 application filed by the U.S. citizen based on a parent-child relationship between the U.S. citizen and the K-2 child. For example, when the U.S. citizen has married the K-1 alien, and the K-2 child was not yet 18 years old at that time. In this situation, the K-2 child is considered the step-child of the U.S. citizen under the law. This will allow an alien child who once was in a K-2 status to adjust on the basis of being an immediate relative of a U.S. citizen, and allow the K-2 child to utilize the Child Status Protection Act (CSPA) when seeking adjustment of status - not age out while the Form I-485 application is pending. Exercising this CSPA option will require: An existing parent-child relationship between the U.S. citizen petitioner and the K-2 child; Filing of Form I-130 prior to the K-2 child's 21st birthday; Submitting all required documentation and paying the required fees associated with Forms I-130 and I-485. http://www.greencardfamily.com/question/question2016/K2_Child_CSPA_080716.htm http://www.greencardfamily.com/index.htm

Can My Parents Adjust Status in U.S. to Get Their Green Card? Question: As U.S. citizen myself, my parents entered the U.S. as tourists. Can they adjust status here to get their Green Card? Answer: If your parents are in the United States after a legal entry with a valid visa, as U.S. citizen's immediate relatives, it is possible for your parents to apply for a U.S. Green Card without leaving the United States. However, if your parents entered United States without inspection, such as by smuggling across the border, your parents cannot apply for a U.S. Green Card without leaving the United States, and it can be a problem for their immigration at all, since living in the U.S. unlawfully for longer than 6 months may create a long-term bar to U.S. admissibility. The process to get a Green Card in Unites States is called "adjustment of status." U.S. citizen's parents would not have to wait for the Form I-130 to be approved, but they could submit it concurrently with the Form I-485 application for adjusting status. If you have already obtained Form I-130 approval, your parents can simply submit the approval notice, also called Form I-797, along with the Form I-485 adjustment of status. http://www.greencardfamily.com/question/question2016/Parents_Adjust_Status_080616.htm http://www.greencardfamily.com/index.htm

Can I Upgrade My Green Card Application Case from EB3 to EB2 Category? Question, I have an approval of Labor Certification and Form I-140 immigrant visa petition in the employment-based, third preference (EB3) category. With a new Master degree and additional job experience, can I upgrade my Green Card application case from EB3 to EB2 category? Answer, There are some alien applicants who are interested in the possibility of what is referred to as "upgrading" their Green Card application EB3 cases to employment-based, second preference (EB2). This strategy is used following the approval of an I-140 petition in the employment-based, third preference (EB3) category. The observation of the monthly U.S. Department of State's visa bulletin reveals a major difference between the EB2 and EB3 immigrant categories, for some countries like India, Mexico, Philippines, and China. For example, in recent years, EB2 India has fluctuated between 2004 and 2010, EB3 India has slowly advanced for the same period, from 2002 to 2003. Thus, the EB2 India's visa movement is faster than EB3. For many EB3 visa applicants, the immigrant visa waiting time is unavoidable. However, some employment-based immigrant visa applicants may qualify to change to EB2 visa category because of the following reasons: having obtained advanced degrees, having additional job experience, having new job offers that satisfy the requirements for EB2 filings; an increase in the complexity and sophistication of one's job duties and a commensurate increase in salary. The change to EB2 immigrant visa category does not actually "upgrade" the previously filed Labor Certification (LC) and Form I-140 petition. This EB3 to EB2 "upgrade" process requires the filing of a new Labor Certification and related Form I-140 petition, requesting EB2 classification. Using the EB2 category, the obvious benefit is a potentially accelerated path to eligibility for filing for adjustment of status to permanent residence with form I-485, the strategy involves requesting retention of an earlier and more favorable priority date, which is possible in cases with an earlier-approved Form I-140 petition. http://www.greencardapply.com/i140.htm http://www.greencardapply.com/question/question16/EB2_Upgrade_080616.htm

P-1 Visa for Athletes with Internationally Recognized Reputation Hi William, As an internationally recognized athlete in martial arts, do I qualify for the P-1 visa for an athlete? Answer, To qualify as a P-1 visa for an athlete, the alien athlete or sport team should have an internationally recognized reputation in the sport. The alien applicant should demonstrate the internationally recognized reputation to the U.S. Citizenship and Immigration Services (USCIS), by showing a contract with a major U.S. sports league, team, or international sporting event, with at least two of the following evidence: • proof of the applicant's or team’s previous significant participation with a major U.S. sports league; • proof of participation in an international competition with a national team; • proof of previous significant participation with a U.S. college in intercollegiate competition; • evidence that the person or team is internationally ranked; • proof that the person or team has received a significant honor or award in the sport; • a written statement from an official of a major U.S. sports league or the governing body of the sport, explaining exactly how the person or team is internationally recognized; • a written statement from the sports media or a recognized expert regarding the person's or team's international recognition. http://www.greencardapply.com/question/question16/P1_Visa_Athletes_080516.htm http://www.greencardapply.com/pvisa/pvisa_answers.htm

The Supervised Recruitment for PERM Labor Certification Question, What is the Supervised Recruitment for PERM Labor Certification? How does a PERM application get selected for Supervised Recruitment? Answer, Due to the high rate of unemployment in the United States in the past years, U.S. Department of Labor (DOL) has suggested it will subject more Labor Certification (PERM) cases to "supervised recruitment." The Supervised recruitment is one of the tools DOL uses to protect the integrity of the PERM Labor Certification program. Thus, employers need to understand what supervised recruitment is, and prepare for additional recruitment steps and delays. Under regulation 20 CFR656.21, if U.S. Department of Labor determines an employer substantially failed to produce required documentation, or the provided PERM application documentation was inadequate, or a material misrepresentation was made with respect to the PERM application, or if the Certifying Officer (CO) determines it appropriate for other reasons, the employer may be required to conduct supervised recruitment. If an employer is required to undergo the supervised recruitment, the DOL will direct the PERM Labor Certification recruitment effort. This includes approval of the employer's advertisement text by a Certifying Officer prior to the employer's placement of the advertisements. The employer should arrange for the advertisements to run within the designated timeframe, using the forms of recruitment specified by the CO, such as one of the required advertisements ran online on Monster.com or Hotjobs.com. http://www.greencardapply.com/question/question16/PERM_Supervised_Recruitment_072516.htm http://www.greencardapply.com/perm.htm

The Alien Applicant's Job Duties Must be Sufficiently Similar for Form I-485 Application Question, I have a Form I-485 application pending, can I accept a job promotion as a manager from my employer, and remain eligible to Form I-485 application to adjust my status to U.S. permanent residence? Answer, USCIS adjudicator will evaluate the promotion situation on a case-by-case basis. The alien applicant's job duties for each position, the SOC codes for each position, and any differences in the salaries will be the determining factors, as to whether the alien applicant remains eligible for Form I-485 adjustment of status. Whether the new position is considered a demotion, a simple move, or a promotion within the organization, the alien applicant's job duties must be sufficiently similar. USCIS adjudicator will review the totality of the case, based on the regulation in INA section 204(j) and 106(c) of AC21, to evaluate the job mobility within the same or similar occupational classification, for qualifying alien applicant with the pending Form I-485 adjustment applications. http://www.greencardapply.com/question/question16/Form_I485_Similar_Position_072416.htm http://www.greencardapply.com/i485.htm