In determining one’s legal status and authorized stay in the U.S., it is important to note that a valid “visa” is not the same as a valid “I-94 entry/departure record.”

A “visa” essentially functions as one’s “ticket” to enter the U.S. That ticket itself may have a long validity period and one may potentially present the ticket multiple times to enter. However, any time one enters the U.S. through use of that ticket, the government (Customs and Border Patrol – “CBP”) will issue an “I-94 entry record” which will dictate one’s legal status and the length of time that one is permitted to remain in the U.S., based on that specific entry (this being their authorized stay). This period of time will almost always be shorter than the period of validity of one’s visa itself.

That being said, you should always be aware of yours and your family members’ I-94 expiration dates, making sure to either: a) depart before reaching your respective expiration dates, or b) contact a skilled attorney to help you change or adjust your statuses in a timely manner so that you each remain compliant with U.S. immigration laws.

To obtain your I-94 entry/ departure record, visit the following link and fill out the short form on the CBP website: https://i94.cbp.dhs.gov/I94/#/home

As a general matter, it takes AT LEAST three (3) months to prepare a quality case–regardless of whether it is a non-immigrant or immigrant visa case. The complexity of each clients’ facts; the number of family members that may be filing with the principal applicant; the legal status of the principal and family members; and other factors may influence timing. Should “rushed” processing be required, our firm may be able to accomodate and will apply a rushed filing fee.

NO. A visitor for business purposes (B-1), you may not live, work, or study in the U.S. The same applies to visitors for pleasure/tourism (B-2). An individual in B-1 status may only take care of superficial affairs (for example, consultations with business associates; negotiations of contracts; settlements of estates; or attendance at scientific, educational, professional or business conventions, or conferences set on specific dates). If you are in the U.S. in B status and have decided you wish to remain longer, or permanently, contact us on this time-sensitive matter.

To apply for/ obtain a non-immigrant visa, you must have a valid passport that will cover your desired/ requested time of temporary stay in the U.S. This requirements is based on the fact that holders of non-immigrant visas must have the intention to remain in the U.S. only temporarily, and must intend to depart upon completion of their authorized stay.

To apply for/ obtain an immigrant visa/ green card when already inside the U.S., a valid passport is NOT required. However, if you are seeking permanent residence through consular processing, you must have a valid passport at the time you apply for your DS-260 at the consulate. This step comes after the approval of your immigrant visa.

In order for a child to benefit as a dependent/ derivative of your non-immigrant status, he or she must be under 21 years of age. Once they turn 21, they will AUTOMATICALLY “age out” and lose derivative status. For example, if an L1-A Beneficiary’s son turns 21, the son will lose protection of L-2 status on his 21st birthday. For this reason, it is important to consider your childrens’ ages and contact an attorney BEFORE they turn 21, to see what can be done to keep them in status, or secure a legal status independent of you.

If you are considering applying for an immigrant visa (to attain permanent residency) and your child has not yet reached the age of 21, an EXCEPTION may be available, based on the Child Status Protection ACT (CSPA), which may “freeze” their age, so long as your green card application and/or immigrant visa is received before their 21st birthday. The calculation and possibility can be assessed by your attorney.

ESTA entrants are ineligible to file for adjustment of status (permanent residency), with the exception of ESTA entrants who qualify as “immediate relatives” (spouse or unmarried child under 21 years of age of a petitioning U.S. citizen). Therefore, if you are not an immediate relative of a U.S. citizen, you cannot apply for a green card from within the U.S. following your ESTA entry.

Talk to an attorney about this. Generally speaking, consular processing is the safest route. However, there are so many factors to be considered (the immigration regulations, protection of your status, your goals, your own desired timeline, the U.S. government’s speed and processing times, and consular office backlogs). Only an immigration attorney will be able to guide you in making the most risk-averse decision with respect to processing method.

An immigrant visa petition (by itself) does not permit one to live, work, or travel in the U.S. However, if (and only if) you apply for an immigrant visa from inside the U.S., along with a green card application, you, your spouse, and your children under 21 years of age may file applications for work and travel permits. In such instances, you and your family must wait to receive the permits in hand before engaging in employment or departing for international travel. It is critical to consult your attorney for confirmation that you or a family member may travel internationally before deciding to do so. Unauthorized international travel may otherwise result in your green card application(s) being considered abandoned, and/or your inability to re-enter the country.

The Beneficiary of a non-immigrant worker visa generally cannot work for any other employer besides their sponsoring Petitioner/ Employer. If you wish to do so, you must file a new non-immigrant visa petition based on sponsorship of the alternate or additional employer, and the USCIS must authorize said employment before you may do so. Limited exceptions apply for O-1 visas filed by agents. Always consult with your attorney regarding your options if you are having a strained relationship with your employer, have been terminated from your job, or are considering a switch to a different or parallel employment opportunity.

The employment of Beneficiaries or Self-Petitioners of immigrant visas is generally restricted exclusively to the Petitioning entity or to a specific plan of employment that was initially disclosed in their visa petition. In limited circumstances, you may change employment (such as if you are a Self-Petitioner). However, the employment must remain in your field. It is absolutely crucial to contact your attorney before choosing, mid-process, to switch your employment. Doing so will ensure that you do not endanger or weaken your qualification for the requested visa.

NEVER TRAVEL BEFORE NOTIFYING YOUR ATTORNEY.

If you have applied for a green card, you may NOT travel internationally until you receive your advance parole or combo work/travel permit in hand, with very few exceptions. Most often, the USCIS will first issue an “Approval Notice” which looks like a letter. Second, it will issue your “combo card” (combined work & travel permit) or stand-alone Advanced Parole notice. The initial “Approval Notice” does NOT permit you to travel. You must instead wait to receive your Advanced Parole or combo card. If you receive a combo card, the card must state, “Serves as I-512 Advanced Parole” on the bottom. This indication means that the card is indeed useful for international travel. It is important to check for this indication as there are some instances in which the USCIS issues a work permit / card that does not permit travel.

IMPORTANT: Traveling internationally before gaining permission to do so may be perceived as abandonment of one’s green card and lead to being stranded abroad without the ability to re-enter.

Domestic travel (only inside the U.S.), on the other hand, is possible even without a travel permit.

****Travel under the Trump administration’s strict vetting protocols is generally not advised by this firm, even if having the proper documentation to travel. 

The USCIS continues to make efforts in speeding up its application processing times following the large backlogs and waiting times that were witnessed during prior years and aggravated by the COVID-19 pandemic. Historically, work and travel permits were issued within about three (3) months from the date on which they were applied for with USCIS. During the pandemic, the wait time ballooned to over one (1) year. Fortunately, the current presidential administration is working to speed up these processing times. As processing times often fluctuate, you should check in with your attorney to inquire about the anticipated timing for your case. You may also visit the USCIS’s case processing times link, where you may find an answer after providing your permit category and identifying the USCIS office where your application is being processed: https://egov.uscis.gov/processing-times/

If you are in the U.S. as a non-immigrant, you will need to present your I-94 entry/ departure record, showing how long you are authorized to remain in the U.S. Additionally, you should present your passport. If you have an I-797C Approval Notice from the USCIS as relates to your non-immigrant visa, bring this as well. For nonimmigrants living in Florida, more information can be found here: https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/

If you are in the U.S. as an immigrant (applied for a green card) and have a valid work permit (EAD) in hand, present the EAD.

if you are in the U.S. as an immigrant (applied fora. green card) and do not yet have your work permit, you should present your I-94 entry/ departure record, showing how long you are/were authorized to remain in the U.S. in your prior non-immigrant status. Also present your passport and your I-797C Receipt Notices thus far issued to you by the USCIS, proving that you have applied for permanent residence. Each receipt you received relates to a different form type (which is disclosed at the top left of each receipt). The most relevant receipts are those relating to the Form I-140, Form I-485, and Form I-765. However, you may wish to bring all of them with you for ease.

Note–if you are the spouse of an immigrant and have applied for your green card as a derivative, you should present your spouse’s I-797C Receipt Notice from the USCIS, as relates to his or her Form I-140 (Immigrant Petition). Also present your own I-797C Receipt Notices corresponding to your Form I-485 and I-765. If you already have a valid work permit in hand, that will usually be sufficient and you will not need the additional receipts.

For immigrants living in Florida, more information can be found here: https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/immigrant/

Please contact your attorney if you have any questions.

“If you currently reside in the United States and plan to apply for work authorization, Lawful Permanent Resident (LPR) Status, or U.S. Citizenship from the Department of Homeland Security (DHS), you will likely also need a Social Security Card (SSN). Your SSN allows employers to report your earnings to the United States government. You may also need an update to your SSA records.

To save you a trip to the Social Security Office you can now apply for an original SSN or replacement card during the U.S. Citizenship and Immigration Services (USCIS) application process by completing the Social Security Administration (SSA) section of the form that contains SSA questions.

NOTE: If you do not receive your SSN card within 14 days after receiving your immigration document, contact your local field office. You can locate your local field office by visiting Field Office Locator | SSA. You may also utilize Replace Social Security Card | SSA to assist you in determining what evidence is needed to receive an SSN card or number.”

Please visit the Social Security Administration’s website for more guidance:https://www.ssa.gov/ssnvisa/ebe.html

Due to work and travel permit processing delays experienced over the past years, and to date, clients wonder whether they can request either an “EXPEDITE” request or an “EMERGENCY” request. The two are NOT the same. A request for “expedited” processing of one’s application or petition is filed only in instances where the USCIS has not yet processed your permit and has gone BEYOND it’s claimed processing times for your type of petition, as advertised on its case processing web-page (https://egov.uscis.gov/processing-times/). As a hypothetical/ example, if your application for a work permit has been pending for 10 months, but USCIS states on its website that it is taking approximately 12 months to process these kinds of applications, your request for EXPEDITED (sped up) processing of your application, will likely be denied unless you are a healthcare worker or call into some other exception. See exeptions and more information here: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request A request for an “emergency” travel permit, is one where you are asking for USCIS to issue a fresh travel permit based on an emergency. This permit is not the same as the permit you have applied for and are awaiting the processing of. An emergency permit request requires calling the USCIS (1 (800) 375-5283) to schedule an InfoPass appointment. A USCIS representative will ask you for the basis of your request and you’d need to ready to provide documentation/ information supporting your emergency, as well as the Receipt Number corresponding to your Form I-485 receipt. The USCIS representative will schedule an InfoPass appointment at a local field office on your behalf. You may also be asked to fax in the supporting documentation instead. For more information, you may visit the relevant USCIS link: https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel Both expedite and emergency permit requests are DISCRETIONARY and an officer is not required to approve them. If these requests are denied, this means that you will need to keep waiting for your permits to be processed within the standard timeframe. The above is merely general information, but we encourage you to always contact your attorney if you have an emergency or are considering filing either an expedite or emergency permit request.