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.

You may NOT travel internationally until you receive your advance parole or combo work/travel permit in hand. 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 authorize travel and you must 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 of the card. 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 which states that it is not to be used for 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 feasible even without a travel permit.

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.

When filing an application for a green card and/or work permit, you are permitted to request that your Social Security card be mailed to you. The Social Security card will only be mailed to you by the Social Security Administration AFTER your work permit is first approved by the U.S. Citizenship and Immigration Services. If you do not receive your Social Security card within seven (7) days of physically receiving your work permit (EAD), we recommend that you directly contact or visit your local Social Security Administration office. For more information, visit: https://www.ssa.gov/ssnvisa/ebe.html If you are a non-immigrant temporary worker, please see the following link for instructions on how to obtain an Social Security Number: https://www.ssa.gov/pubs/EN-05-10096.pdf

Please note the following, as published on the USCIS website, and consult your attorney to confirm whether you are able to continue working: LINK: https://www.uscis.gov/eadautoextend “Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. You qualify for this extension if you: 1) Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, AND 2) Are otherwise eligible for a renewal, which means that: Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes). Automatic Extension Time Period—Temporary Increase to up to 540 Days Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the extension period. Effective May 4, 2022 and (until futher notice) set to end on 10/26/23, DHS is temporarily increasing the extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either: Before May 4, 2022, and your 180-day automatic extension has since expired; Before May 4, 2022, and your 180-day automatic extension has not yet expired; or Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates. BUT NOTE: If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply.”

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.