Visa Insights

What happens once I get my Green Card? ‍ Gaining a Green Card can be a long, arduous path. When many clients of Alpha Global Biz obtain their Green Cards they feel a wave of emotions – relief, happiness, joy – but then other emotions arrive – anxiety and fear. For many, the critical question becomes, what’s next? Lawful permanent residents have many of the same rights as citizens, but the two are not the same. Important limitations of resident status include: You cannot vote, or register to vote, in federal elections. Voting in federal elections is a serious crime and will permanently prevent you from becoming a citizen. You may be allowed to vote in local elections depending on the law in your city but be extremely careful to check. More critically, you can lose your resident status. When you travel, you will need to bring your passport and your green card (I-551 Alien Registration Card) with you. However, you should not travel outside of the United States for longer than six months. If you plan on staying out that long, you should apply for what is known as a re-entry permit. That permit may be valid for up to two years. If you travel without securing this permit then you may lose your residency and not be allowed back into the U.S. If you plan to apply for U.S. citizenship, you can take some simple steps to make the process much easier when it’s time. Most legal permanent residents (LPRs) need to wait five years before applying for U.S. citizenship. For those who obtained their Green Card through marriage, the waiting period is generally three years. The N-400 may be filed in the 90-day window just before the end of the waiting period. At the time you file your N-400 application, you are required to fulfill a physical presence requirements. For most folks you obtained their Green Card through marriage, they are required to have been in the U.S. 18 of the previous 36 months. For other applicants it is 30 of the past 60 months. Although this is confusing, for purposes of a naturalization application “residence” is different than “physical presence.” To be eligible for naturalization you must not have interrupted your status as resident of the U.S. The rule is that a departure of less than six months does not break residence. A departure of more than six months but less than one year generally does break residence. And most importantly, LPRs can be deported if they commit felonies or drug crimes.

The most common ways to get a U.S. Green Card outside of the H1B lottery are the following: Family Sponsorship:‍ You can be eligible to apply as an immediate relative of a U.S. citizen if you are the spouse of a U.S. citizen, the unmarried child under the age of 21 of a U.S. citizen, or a parent of a U.S. citizen who is at least 21 years old. You may also be eligible to apply as the fiancée of a U.S. citizen or the fiancée’s child, widow or widower of a U.S. citizen abused spouse of a U.S. citizen or lawful permanent resident, abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident, or abused parent of a U.S. citizen. However, the wait for green cards through a family sponsorship range anywhere from 3 years to 10+ years. Refugee or Asylee: An immigrant can also obtain a green card as an asylee if they were granted asylum status at least 1 year ago. A refugee can do the same if they were admitted as a refugee at least 1 year ago. However, this can take anywhere between several months to several years. Employment-Based: An immigrant also can obtain a green card through an EB3 Unskilled Visa application. An EB3 Unskilled Visa is an application to fulfill a job that is currently experiencing a labor shortage in the United States market. This process can take anywhere between 1 and 3 years. Alpha Global Biz offers this service to its clients because it provides the applicant with a faster route that ensures job stability and lawful permanent residency.

Would filing an I-140 void my B-1/B-2? No. filing the I-140 will not void your B/1/B-2 visa stamp or status. Would getting an I-140 approval void my B-1/B-2? No, obtaining an I-140 approval will not void your B/1/B-2 visa stamp or status. ‍ Can I enter the U.S. in B/1/B-2 status after my I-140 is filed and/or approved? Yes, you can travel internationally and re-enter the U.S. in B-1/B-2 status even after your I-140 is filed and/or approved. The I-140 is for future employment. Important note: at the time of entry in B status, you must maintain the intent leave the U.S. after your temporary trip. ‍ Can I enter the U.S. using my B-1 visa stamp and subsequently file the I-485? At the time of entry in B status, you must maintain the intent leave the U.S. after your temporary trip. If your plans later change, you will need to wait at least 60 days from your last entry in B before filing the I-485 application. This is necessary to mitigate any conflict in intent at the time of your B entry. Once the I-485 is filed, you must remain in the U.S. until your Advance Parole is issued, which usually takes 5-8 months. This means that you cannot leave the U.S. for at least 7 months: 60 days after B entry before I-485 can be filed plus approximately 5-8 months from I-485 filing to Advance Parole issuance. This is because, if you travel internationally and re-enter the U.S. in B status with a pending I-485, this could be considered abandonment of your green card application. ‍ How can I prove that I have strong ties outside the U.S. for the B visa interview/entry at the border? To enter the U.S. in B status, you must maintain the intent to depart the U.S. after your temporary trip. The government is looking to see whether you have strong ties outside the U.S., which could be a strong insurance for you to depart the U.S. after your temporary visit. “Strong ties” are aspects of your life that bind you to your foreign country of residence. This can include a job, house, family, or bank account abroad, that you are not likely to abandon. Examples of evidence to have handy are an employment verification letter for the foreign company you work for or a lease or mortgage to your home outside the U.S. Can I work in B-1? No. The B-1 is for entry into the U.S. for business meetings and information exchange. You cannot engage in productive work in the U.S. in B-1 status. Please see below for a non-exhaustive list of permissible activities in B-1 versus non-permissible activities. Engaging in non-permissible activities could result in a violation of your B status. Permissible activities as Business Visitor Attend and participate in meetings. Discuss planned investments or purchases, including purchasing inventory for the business. Develop business relationships. For example, meeting investors and clients. Attend and/or present at a conference. Survey potential sites for office space and/or leasing premises in the U.S. Negotiate contracts. Consult with business associates. Participate in litigation. Independent research of the industry. This would constitute permissible “information exchange”. Activities NOT permissible as Business Visitor CANNOT engage in “productive” work. Productive work are activities that go beyond information exchange/business meetings. For example, activities that go beyond the column on the left. CANNOT have hands-on involvement in product development. For example, a software engineer cannot enter the U.S. as a Business Visitor to write code for software. CANNOT engage in the direct management of the business. CANNOT directly supervise or direct staff in the function of their work. CANNOT implement decisions that impact U.S. operations. You can create relationships and think about the business. How long is the B status valid for? Entry in B status is valid for up to 6 months. If you still need to be in the U.S. after this, you can try to apply for a B extension for up to another 6 months. The maximum amount of time in B-1 status for any trip is generally 1 year. Can I extend my B status in the U.S.? Yes. If you are in the U.S. in valid B status and need to extend your stay in the U.S., you can try to file a B extension. The B extension can be requested for up to 6 months. The maximum amount of time in B-1 status for any trip is generally 1 year. Please note that approval of the B extension is discretionary. ‍ My B visa was previously denied at the Consulate/Embassy. Would this impact my chances of getting the immigrant visa (“green card”) through Consular processing? Depending on the reason why your B was denied, this may impact your ability to obtain the immigrant visa at the U.S. Consulate/Embassy. For example, if your B was denied because you were found to be inadmissible due to a felony charge, this may impact your Consular processing for an immigrant visa. But if your B visa was denied because the Consulate did not feel that you established sufficient ties abroad or intent to depart the U.S. after your temporary business/tourism trip, this will not impact your ability to obtain the immigrant visa. Your attorney will evaluate the specifics of your situation and provide legal guidance. Can I remain in the U.S. while my B extension is pending? If your B extension was timely filed, meaning that it was filed before your B status expired, you may remain in the U.S. while the B extension is pending, even after the initial B status has expired.

Having a Social Security Number Does Not Automatically Permit you to Work in the US Often, people in the US on non-immigrant visas, particularly F1 student visas, will obtain social security numbers through a University work program or Optional Professional Training (OPT). Many times, when these work permit programs expire, because the student needs money, the student will continue to work using the social security number they received as a result of their University work permit program. Often, universities advise students that it is ok to continue working as long as the student complies with all US work regulations, such as paying taxes. This advice could jeopardize the student’s ability to obtain US permanent residency status in the future, because any work in the US without a properly obtained and valid work permit is “unauthorized work”. Companies like ride sharing companies have become very popular sources of “unauthorized” work, because they hire workers as independent contractors and require only a social security number. Because these companies do not hire employees (they treat their drivers as independent contractors, they do not use e-verify, which allows them to hire a driver with just a social security card. Be aware that just because you have been hired as an independent contractor and you pay taxes properly, you may be engaging in “unauthorized work”. **Here’s the problem: **Most permanent residency applications require the applicant to detail their work history. And, all permanent residency applications require the immigrant to answer all questions on the application truthfully. Any student who has followed US work laws and properly paid taxes has now developed a trackable work history that can be cross referenced as part of a permanent residency green card application. Under an adjustment of status application, the immigrant cannot have performed unauthorized work while on the non-immigrant visa. The adjustment of status rules however provide some leniency, as long as the immigrant did not perform unauthorized work for more than 180 days. Unauthorized work is a bad idea in any event. Non-immigrant visa holders should avoid working in any job for which the US government has not issued a work permit. While there may be legal exceptions that will allow the non-immigrant visa holder to apply for and receive a permanent residency visa pursuant to an adjustment of status application, the best advice is to avoid unauthorized work.

There is no such thing as an easy way to get a green card. However, some methods are more simple than others. The most common way to obtain a green card is through family members. The current wait for a spouse is about 23-32 months. For siblings, the wait is approximately 10 years, for unmarried children of U.S. citizens 7-8 years, for unmarried adult children of green card holders approx. 8-9 years, and for married adult children of U.S. citizen approx. 13-22 years. If that avenue is not available, the second, most straightforward approach is through the U.S. Department of State’s Green Card Lottery. However, the Lottery is a random computer selection, and only a certain number of visas are allocated to each region of the world. During this process, no one country can receive more than 7 percent of the Diversity visas available in any given year. If the diversity lottery is not an option, the next best option is through the employment-based categories. In particular, the EB-3 Unskilled Visa is a great way to obtain a Green Card. The wait times for employment-based immigrant visas are relatively short in most of the categories. Unlike the family-based cases, the employer is responsible for the entire process, which takes a significant amount of stress off of you as an applicant. The EB3 Unskilled Visa is the most straightforward approach because it does not require advanced degrees, prior work experience, or additional qualifications. Through the EB3 Unskilled visa, an immigrant agrees to work an unskilled job currently unfilled by the U.S. market and receive a green card to aid in the market shortage. To learn more about the EB3 Unskilled Visa, check out our YouTube page here.

Many people seeking to immigrate are aware of immigration through family sponsorship or through highly skilled labor. However, many are unaware of the market and availability in unskilled labor. In the United States there is a great NEED for unskilled workers. This can be beneficial because it simplifies the process that is required under the skilled category. The highly skilled category requires applicants to provide proof of their extraordinary skill, while the unskilled category does not require skill or education. This is advantageous to applicants because they do not have to worry about obtaining any further training or education to be eligible for the jobs for an EB-3 visa. A common misconception of the unskilled category is that prior experience is discouraged. However, the presence of prior skill or education cannot be used as a means to deny a visa. A visa will be denied by an immigration officer only due to error or ineligibility based on medical reports, criminal related matters, security related matters, and other substantive issues.

How to Get Your Employment Authorization Document (EAD): Key Steps for Visa Applicants Receiving work authorization from USCIS is a major milestone in the immigration process for many visa applicants. But like much of the immigration process, the way to obtain that elusive Employment Authorization Document (EAD) can seem shrouded in mystery. Here are a few key things to know about the process of obtaining work authorization. ‍ Key Steps in the Work Authorization Process ‍ 1. Maintain an Underlying Basis To receive an EAD, it is absolutely essential to maintain an underlying and qualifying legal status in the USA. When applying for work authorization, you will have to provide USCIS with the status you are maintaining in the USA that makes you eligible to receive an EAD. If a USCIS agent is reviewing your application and finds that you do not fit into a qualifying category, you will be denied the EAD. How can you know if your status qualifies? The best way to do this is to speak with a licensed immigration attorney! ‍ 2. Complete and Submit Form I-765 Once you have confirmed that you have (or are applying for) a qualifying legal status, you must complete the USCIS Form I-765, which is also known as the Application for Employment Authorization. Depending on the nature of your application, you may file by paper or online. On this form you will give all your pertinent information to USCIS so that they can make the determination as to whether you qualify for work authorization. You will also be required to show some evidence of your lawful status. The list of required evidence is posted here, and may change from time to time, so it is important to speak with your attorney about the most recent requirements. ‍ 3. Attend Your Biometrics Appointment Generally speaking, after submitting your I-765, USCIS will send you a receipt notice confirming that they have received your application, and a notice for a biometrics appointment.  Completing the biometrics appointment and paying the biometrics fee is a critical component in receiving work authorization. USCIS uses these biometrics appointments to confirm your identity, to be sure they can produce secure documents, and to run criminal background checks. ‍ 4. Wait for Approval Now comes the hard part: the wait! Waiting for a response from USCIS is never fun, but waiting for work authorization can be especially difficult as you may be anxious to start work and earn income. It is absolutely essential in this period that you do not engage in unauthorized work and that you maintain your underlying status. Failing to do either of these two things could have serious negative consequences on your visa application, work authorization application, or your chances at a successful renewal in the future. The waiting is a tough but critical stage in the process. Processing times for EADs are available on the USCIS website here. Be sure to check with your attorney to see if other factors, such as retrogression, might be at play as well. ‍ Final Steps After Receiving Your EAD Follow these steps and at long last you will receive the coveted EAD! Once you have the EAD you may begin working in the United States. As always, be sure to check with your attorney about any limitations that might come with the EAD so that you stay status compliant and are able to remain in the USA for the full length of your visa!