Copyright © 2018. Nathalie Gomez - San Diego, California -nathalie@theimmigrationguru.com

PORTFOLIO

AREAS OF EXPERIENCE

I-485 Adjustment of Status

Immediate Relatives of US Citizens or LPRs Who Entered the US With Legal Inspection; Professionals with an approved I-140 Petition

Adjustment of Status (AOS) is the process by which an eligible foreign national already in the United States can apply for permanent residence without having to return to their home country to obtain a visa through consular processing. Adjustment of status refers to the change of the foreign national’s legal status from a non-immigrant (temporary) category to an immigrant (permanent) category.

 

Generally, to be eligible to file for adjustment of status within the United States, a foreign national must have an approved immigrant petition filed on their behalf either by a US citizen (USC) or Legal Permanent Resident (LPR) qualifying relative (USCIS Form I-130 Petition for Alien Relative) or employer (USCIS Form I-140 Immigrant Petition for Alien Worker). However, immediate relatives of US Citizens may file Form I-130 and I-485 adjustment of status at the same time. Exceptions to the general rule exist for self-petitioning Amerasian, Widow(ers), special immigrant categories such as refugees, asylees, and victims of violence. In addition, the foreign national applying for the immigration benefit must have been inspected, admitted, or paroled into the United States to qualify for adjustment of status within the United States, except in cases of 245i.

Important Note on 245i

Individuals who entered the United States without inspection (unlawfully) but are eligible for 245i under the Immigration and Nationality Act can adjust their status within the United States if they have a qualifying relative or employer interested in petitioning for them.

Traveling Abroad 

Once the I-485 application is filed with USCIS, the foreign national cannot travel outside of the United States while their application is pending, unless they have applied for an advance parole document allowing them to return to the United States after temporary foreign travel (I-131 Application for Travel Document). If the foreign national travels abroad while their application is pending with USCIS, the I-485 application will be considered abandoned. 

Advance Parole & Employment Authorization 

 

AOS applicants can apply for advance parole (travel permit to return after temporary foreign travel) and employment authorization while their application for permanent residency is pending with CIS for no additional fee. See advance parole and employment authorization. 

Processing Time

The average processing time for adjustment of status is 5-7 months, however this time period can vary depending on the agency's workload at the time of filing. 

I-130 Consular Processing (National Visa Center)

Immigrating Foreign Nationals Residing Abroad

This category is reserved for immediate relatives of US Citizens and legal permanent residents, residing outside of the United States. Relatives of US Citizens or LPRs residing abroad, must immigrate to the United States through a process known as "consular processing." The US Citizen or LPR must first file Form I-130. When the I-130 visa petition is approved and an immigrant visa number (if required) becomes available, the foreign national will be required to visit their local U.S. consulate to complete the processing of their immigrant visa. 

Processing Time

The average processing time for US Citizens to be called for an interview to complete the processing of their immigrant visa is 9-12 months, however these wait times vary depending on the National Visa Center's work load, the immigrant's priority date, and the number of applications waiting to be scheduled for an interview at the local consulate. 

I-751 Removal of Conditions and I-751 Waivers

For foreign nationals who have received Conditional Permanent Residence

A person who has received a two-year conditional permanent resident card, based on their marriage to a United States citizen, is required to remove the conditions on their green card before the expiration date, by filing the Form I-751 Application for Removal of Conditions jointly with their spouse. The foreign national must file the I-751 removal of conditions application jointly with their US Citizen spouse, within the 90-day window immediately before their conditional green card expires. If the foreign national is no longer married to the US Citizen spouse through which they gained conditional permanent residence, the foreign national may seek a waiver of the joint filing requirement and file the application alone. However the foreign national will be required to prove that they entered the marriage in "good faith" even though the marriage ended in divorce. 

Processing Time 

The processing time for I-751 applications filed jointly with the US Citizen spouse can vary from 6-8 months, while I-751 waivers can take over 12 months to process, depending on the complexity of the case and the strength of the application. 

Foreign nationals who have filed a weak application in terms of proving their "good faith" marriage may receive a request for evidence and/or an interview notice. 

K-1/K-3 Fiance or Fiancee Visas

Foreign Fiances of US Citizens

A US Citizen may petition for a foreign fiancé/fiancée to enter the United States for the purposes of marrying the US Citizen fiancé/fiancée, on a K-1 visa. The US Citizen must file Form I-129F Petition for Alien Fiance and I-134 Affidavit of Support with USCIS. If the foreign fiancé/fiancée has children, their child may immigrate to the United States under the K-4 visa, provided the child is unmarried, and under the age of 21. The US citizen must include the names of the fiancé(e)’s children on the I-129F petition.

Once approved, the foreign national must attend an in-person interview at their local consulate to receive the K-1 visa. Once the foreign fiancé has been admitted to the United States on a K-1 visa, the marriage to the U.S. Citizen must take place within 90 days of the foreign national's entry to the United States otherwise the foreign national must leave the country. Once the marriage has taken place, the couple must file the I-130/485 petition with USCIS to obtain permanent residency. 

 

Requirements of the K-1 visa: (1) the couple must prove they have met within the last 2 years (2) the couple must be legally free to marry and (3) the couple must certify that they are legally able to and intend to marry one another within 90 days of the foreign national's arrival to the United States. 

Employment Authorization

 

The foreign national may apply for employment authorization upon their admission to the United States on a K-1 visa, by filing Form I-765 Application for Employment Authorization. See Employment Authorization Card

Green Cards for Immediate Relatives

See Adjustment of Status or Consular Processing

Immediate relatives of US Citizens (spouses, children, parents) residing lawfully in the United States may apply for permanent residency through a process known as "adjustment of status." The US Citizen must file Form I-130 Petition for Alien Relative and the alien must file the I-485 Application to Register Permanent Residence or Adjust Status to attain permanent residency. Immediate relatives who are residing in the United States unlawfully (because they were not inspected, admitted, or paroled into the United States) are not eligible to adjust their status inside the United States. 

Relatives of US Citizens or legal permanent residents residing abroad must apply for their immigrant visas through a process known as "consular processing." Consular processing is a long and tedious process that can take anywhere from 8-12 months to complete (for applications not subject to numerical limits). See consular processing for more information. 

Green Cards for Family Members: Spouses, Children, Siblings, Etc

See Adjustment of Status or Consular Processing

Green Cards for Same Sex Couples

See Adjustment of Status or Consular Processing

The landmark Supreme Court case Windsor v. United States decided in 2013, declared the Defense of Marriage Act, which denied same-sex couples equal treatment under the law, unconstitutional, and in doing so held that individual States have the authority to define marital relationships and allow same-sex marriage through legislation in their respective States. The Court concluded that DOMA violated the Fifth Amendment's equal protection clause, because it imposed a "disadvantage, a separate status, and so a stigma" on same-sex couples. 

Same-sex couples who are thus married in a State that recognizes same-sex marriage, are entitled to receive the same federal benefits as heterosexual couples, including immigration benefits. Windsor v. United States ensures that same-sex couples receive equal treatment under federal law. As a result, same sex couples may apply for the same benefits as heterosexual couples, so long as their marriage took place in a State recognizing same-sex marriage. 

Green Cards through the LIFE Act for 245i Eligible Undocumented Immigrants

Undocumented Immigrants

The Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub. L. 106-553 and -554) are very important provisions which often go ignored in immigration law. These pieces of legislation allow individuals who entered without inspection by an immigration officer (unlawfully) and are eligible for 245i, the ability to apply for adjustment of status within the United States, if they have a qualifying relative (or employer) who may petition for them. 

The following individuals may be eligible for adjustment of status through 245i: 

If you are in unlawful immigration status because you entered the United States without inspection (illegally) or remained in the United States past the expiration of your lawful admission, and you have a qualifying relative or employer interested in filing your immigrant petition and you are:

You may be eligible to receive a green card through Section 245(i) if you:

  • Are the beneficiary of a qualified immigrant petition (Form I-130 or I-140) or application for labor certification (Form ETA-750) filed on or before April 30, 2001

  • Were physically present in the United States on December 21, 2000, if you are the principal beneficiary and the petition was filed between January 15, 1998, and April 30, 2001

  • Are currently the beneficiary of a qualifying immigrant petition (either the original Form I-130 or I-140 through which you are grandfathered or through a subsequently filed immigrant petition)

  • Have a visa immediately available to you

  • Are admissible to the United States

Individuals who are eligible to adjust status under 245i must pay an additional $1,000 fee and must complete Supplement A to Form I-485. 

Green Cards Through the Diversity Immigrant Visa Program

The Diversity Immigrant Visa Program is expected to be dismantled by President Trump

The Diversity Immigrant Visa Program is a program that allocates 50,000 immigrant visas per fiscal year to a special class of immigrants known as "diversity immigrants." The program first began under the congressional mandate of section 203(c) of the Immigration and Nationality Act (INA). Diversity immigrants are those who come from countries with historically low rates of immigration to the United States. In order to qualify for a diversity visa, essentially a green card, you must be a native of a country participating in the diversity visa program. Once selected, applicants may only apply for diversity visa issuance during the fiscal year in which they were selected. 

 

You are considered a native of a participating country if it is your country of birth. Your country of residence or nationality is irrelevant for qualification purposes. Certain individuals are entitled to be charged to a country other than their country of birth. Chargeability refers to the country of limitation the immigrant will be counted toward. Numerical limitations require each diversity visa applicant to be counted or ‘charged’ to a specific country for visa limitation purposes. There are three ways to select your country of chargeability for the program. Typically, an immigrant’s country of eligibility will be their country of birth, however the applicant may also be charged to their spouse’s country of birth, or the country of birth of their parents, if the applicant was born in a different country of birth or lives in a different country of residence.

Diversity immigrants may register for the diversity visa program electronically every fiscal year at no cost by clicking here

For a list of countries that qualify for the program, please click here

Note: The Diversity Immigrant Visa Program has recently come under attack by the Trump administration. The President is expected to phase out the program soon. 

Green Card Replacements/Renewals

Form I-90

Lawful Permanent Residents and Permanent Residents in commuter status may file Form I-90 Application to Replace Permanent Resident Card to apply for a replacement or renewal of their existing Permanent Resident Cards. Conditional Permanent Residents (2-year green card holders) may also file Form I-90 to replace an existing permanent resident card. Conditional Permanent Residents may not use Form I-90 to replace an existing permanent resident card that either has already expired or will expire within 90 days. 

Conditional Permanent Residents (2-year green card holders) who gained their permanent resident card based on their marriage to a US Citizen, must apply for the I-751 Removal of Conditions to remove the conditions on their permanent resident card, and receive the 10-year permanent resident Card. The I-90 is not for this category of applicants. See I-751 Removal of Conditions and Waivers. 

Parole in Place

Undocumented Spouses of Military Personnel

Parole in place is a program that allows certain family members of U.S. military personnel (active or veterans) residing in the United States unlawfully, the ability to apply for adjustment of status without leaving the United States (similar to 245i). 

Citizenship

N-400

To apply for naturalization, the applicant must be a law abiding lawful permanent resident (green card holder). Individuals who obtained their permanent residence on the basis of marriage to a US Citizen and who are still married to the same spouse, are eligible to apply for US Citizenship on their third anniversary as a permanent resident. Individuals who obtained their permanent residence on some other basis other than marriage, or who are no longer married to the same spouse, are eligible for citizenship after 5 years as a permanent residency. Citizenship is a privilege, not a right. Citizenship is required for many employment positions including for law enforcement officials and firefighters. 

Requirements: 

  • Age: The applicant must be at least 18 years of age. 

  • Residency: Must be a lawful permanent resident who has complied with the immigration laws of the United States and applied after 3 or 5 years as a permanent resident (see above) 

  • Residence and Physical Presence: The applicant must: (1) be lawfully admitted as a permanent resident, (2) have been living continuously as a LPR in the U.S. for at least 5 years prior to filing without an absence from the United States of more than one year (single absence), (3) have been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can prove that he or she did not abandon his or her residence during such period), and (4) have resided within a state or district for at least three months. 

  • Good Moral Character: The applicant must be a person of good moral character. The applicant is permanently barred from naturalization if he or she has ever been convicted of murder, or of an aggravated felony as defined in section 101(a) (43) of the Act on or after November 29, 1990. During the statutory period those who indulge in habitual, heavy drinking; practice polygamy; willfully fail to support their dependents; have been confined to penal institutions; among other such acts, cannot be regarded as a person of good moral character and thus may be also barred from naturalization.

Criminal Record: an applicant must disclose all the relevant facts to the Service, including his or her entire criminal history, regardless of the fact that this history could disqualify him or her under the enumerated provisions.

  • Attachment to the Constitution: The applicant must show that he or she is attached to the principles of the Constitution of the United States.

  • Language: Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. However some applicants are exempt from this requirement. They are those who on the date of filing:

    • have been residing in the United States subsequent to a LPR status for periods totaling 15 years or more and are over 55 years of age;

    • have been residing in the United States subsequent to a LPR status for periods totaling 20 years or more and are over 50 years of age; or

    • have a medically proven physical or mental impairment, where the impairment affects the applicant's ability to learn English.

  • Knowledge of the United States Government and History: All applicants for naturalization must ably demonstrate a basic knowledge and understanding of the history of the country and of the principles and form of government of the United States. Some applicants are exempt from this requirement such as those who have a medically proven physical or mental impairment, where the impairment affects the applicant's ability to learn U.S. History and Government. 

  • Oath of Allegiance: To become a citizen, one must take the oath of allegiance. By taking the oath, an applicant swears to:

    • support the Constitution and obey the laws of the U.S.;

    • renounce any foreign allegiance and/or foreign title; and

    • bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required.

Battered Spouse Petitions/VAWA

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Change of Status Petitions/Extensions

For non-immigrant visa types

If you have been admitted to the United States in a non-immigrant visa category, and your duration of stay will expire soon, you must file an I-539 Application to Extend or Change your Non-immigrant Status, at least 45 days before your duration of stay expires. Only non-immigrants currently in the United States on a valid visa, may apply for an I-539 extension or change of status. 

Common categories of non-immigrant visa types that may file a change or extension of status include: B-1 Temporary Business Visitors, B-2 Temporary Tourists for Pleasure, F-1 Students, H-4 Dependents of H workers, J-1 Visitors, L-2 Dependents of L workers, Dependents of O Extraordinary Ability Aliens, Dependents of P Artist, Athlete, or Entertainer, R-2 Dependents of a Religious Worker, TD Dependents of TN Professionals (NAFTA workers). 

Individuals who were admitted under the Visa Waiver Program (VWP) and K-1/K-2 visa holders may not apply for a change/extension of status. 

Advance Parole/Travel Permits

I-131 Application for Travel Documents

Four classes of individuals may apply for an I-131 travel permit or advance parole document: (1) individuals seeking a re-entry permit (2) a refugee or asylee (3) individuals seeking an advance parole document who are currently in the United States and (4) individuals seeking an advance parole document who are currently outside of the United States (rarely issued). 

(1) Individuals seeking a re-entry permit: for lawful permanent residents or conditional permanent residents who wish to re-enter the United States after temporary foreign travel.

(2) Refugee/Asylee Travel document: for individuals in a valid refugee or asylee status, or lawful permanent resident who previously attained refugee or asylee status. Asylees and Refugees must have a refugee travel document to return to the United States after temporary foreign travel, or else obtain an advance parole document. 

(3)Advance Parole for Persons Inside the US: An individual inside of the US may seek parole in order to physically re-enter the United States for a specific purpose (such as to apply for parole in place, or for individuals with a pending application for permanent residency; see AOS). 

*There is no fee for the I-131 petition if filed at the same time as the I-130/485

(4) Advance Parole for Persons Outside the US: Rarely issued, only in times of extraordinary measure to allow an otherwise inadmissible alien to travel to the United States and to seek parole for a temporary period of time--usually for urgent humanitarian reasons that are of significant public benefit. 

Processing Time

The I-131 application takes approximately 90 days to process (from date of filing). 

Important Note: Even if you have been issued a travel permit or advance parole document by USCIS, Customs and Border Protection, ultimately has the discretion to approve or deny your entry into the United States. Admission is not guaranteed simply by presenting a valid travel permit or advance parole document issued by USCIS. 

B-2 Temporary Tourist Visas and Extensions

Consular Application

A B-2 temporary tourist visa is a non-immigrant visa type typically issued for 6 months to temporary visitors whose purpose in visiting the United States include the following: 

  • tourism

  • vacation (holiday)

  • visit with friends or relatives

  • medical treatment

  • participation in social events hosted by fraternal, social, or service organizations

  • participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating

  • enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

Tourist visitors may NOT do the following while on a tourist visa: 

  • study

  • seek employment

  • receive payment for performances, or any professional performance before a paying audience

  • arrive as a crewmember on a ship or aircraft

  • work as foreign press, radio, film, journalists, and other information media

  • seek to immigrate to the United States 

B-2 tourist visitors may only remain in the United States for a temporary period of time and then return to their country of residence. B-2 tourist visa holders may extend their stay for an additional 6 months by filing an I-539 application to extend their stay. This means that tourist visa holders may remain in the United States for a maximum period of 1 year (6 months initial stay and 6 months extension). 

Note: If your country participates in the Visa Waiver Program (VWP) you DO NOT need to apply for a B-2 tourist visa. Visa Waiver participants can travel to the United States for tourism purposes using their valid passports and apply for an ESTA. 

Application Process

Tourist visa applicants must apply for a tourist visa at their local U.S. Embassy or Consulate (near their place of residency). Applicants must complete the DS-160 Online Non-Immigrant Visa Application, pay the fees, gather their necessary documentation, and schedule an interview at their local consulate. 

The presumption in law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for tourist visas must overcome this presumption by demonstrating that:

  • The purpose of their trip to enter the U.S. is for pleasure, or medical treatment;

  • He or she plans to remain for a specific, limited period of time;

  • He or she will maintain a foreign residence that he or she has no intention of abandoning during the period of his or her stay in the U.S.;

  • He or she maintains legitimate binding ties to their home country and has an obligation to return to their home country;

  • He or she is not engaged in work and will engage solely in legitimate activities relating to pleasure.

To be successful, generally the applicant must show (1) that they have a residence abroad which they do not intend to abandon (2) that their travel in the United States will be for a temporary purpose (3) they they intend to return to their country of residence by showing strong proof of ties to their home country (4) and proof that the applicant will be able to able to support themselves during their length of stay in the United States (current bank statements). 

The applicant must prepare a detailed statement establishing that the applicant will continue to engage only in activities specifically consistent with the "B" nonimmigrant classification as a temporary visitor for tourist purposes in the United States, and that the applicant will not seek to immigrate to the United States. The applicant must also provide documentary evidence to support their temporary stay in the United States (proof that the stay will be for any of the permissible purposes stated above--i.e. travel itinerary, return flight, hotel receipts, tickets, etc.) Lastly, the applicant must provide strong proof of ties home: proof of residence abroad, proof of property ownership, proof of employment abroad, academic enrollment, military enrollment, proof of spouses or children residing abroad, proof of business operations or ownership, ownership of assets abroad, proof of loans to which you have an obligation abroad, evidence of familial obligations, etc. 

The most common mistake tourist visa applicants make is failing to provide sufficient proof of ties home and failure to prove that their stay will be of a temporary nature. 

B-1 Temporary Business Visitor Visas

Consular Application

The B-1 visa is reserved for temporary business visitors wishing to travel to the United States for a legitimate business purpose such as to engage in a permissible business activity of a commercial or professional nature. B-1 visa applicants may engage in commercial transactions (that do not involve gainful employment) such as taking sales orders or making purchases of inventory or supplies for a foreign employer; negotiations contracts; consulting with business associates; engaging in litigation; or participating in scientific, educational, professional, or business conventions or conferences. The B-1 visa is typically issued for a period of time not exceeding one year. B-1 visa holders may request an extension of their stay which are granted in increments of no more than 6 months. The B-1 visa is a very common visa type for foreign nationals who wish to apply for an investor visa in the future. To do so, individuals must first apply for the B-1 visa. 

The most common reasons why a foreign national may solicit the B-1 is:  ​​

  • For the purpose of business, which may include consulting with business associates, conducting negotiations, settling an estate, soliciting sales or investment, and interviewing and hiring staff;

  • To perform professional duties that would normally qualify the person for H-1 status except that the alien would not receive any remuneration from a U.S. source;

  • To explore the possibilities of setting up subsidiary of a foreign corporation, or to make investments (potential E visa applicants); 

  • To participate in short-term training, scientific, educational, professional, or business conventions, conferences or seminars or to conduct research;

  • To perform duties including attending board meetings as a member of the board of directors of a U.S. company.

 

Application Process

Tourist visa applicants must apply for a tourist visa at their local U.S. Embassy or Consulate (near their place of residency). Applicants must complete the DS-160 Online Non-Immigrant Visa Application, pay the fees, gather their necessary documentation, and schedule an interview at their local consulate. 

The presumption in law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for B-1 visas must overcome this presumption by demonstrating that:

  • The purpose of their trip is to enter the U.S. for a temporary business purpose;

  • He or she plans to remain for a specific, limited period of time;

  • He or she (or their business) has sufficient funds to cover expenses for the trip including all travel, accommodation and living expenses during their stay in the U.S.; 

  • He or she has sufficient evidence of compelling social and economic ties abroad, such as a residence outside the U.S., as well as other binding ties which will insure his or her return abroad at the end of the visit; 

  • He or she has a foreign residence that he or she has no intention of abandoning;

  • He or she will not engage in skilled or unskilled labor, study, or work as a representative of foreign press, radio, film, or other information media; and

  • He or she will not come to the U.S. to provide services or engage in business activities that are primarily for the benefit of a U.S. employer.

To be successful, generally the applicant must show (1) that they have a residence abroad which they do not intend to abandon (2) that their travel in the United States will be for a temporary and legitimate business purpose (3) that they intend to return to their country of residence by showing strong proof of ties to their home country (4) and proof that the applicant will be able to able to support themselves during their length of stay in the United States (current bank statements). 

The applicant must prepare a detailed statement establishing that the applicant will engage only in activities specifically consistent with the "B" nonimmigrant classification as a temporary business visitor coming to the United States for a legitimate business purpose, and that the applicant will not seek to immigrate to the United States. The applicant must also provide documentary evidence to support that their temporary stay is for a legitimate business purpose (proof that the stay will be temporary and for a business purpose--proof of attendance of a business conference, proof that the applicant will be conducting negotiations, attending business meetings, exploring a business venture, etc.) Lastly, the applicant must provide strong proof of ties home: proof of residence abroad, proof of property ownership, proof of employment abroad, academic enrollment, military enrollment, proof of spouses or children residing abroad, proof of business operations or ownership, ownership of assets abroad, proof of loans to which you have an obligation abroad, evidence of familial obligations, etc. 

The most common mistake business visitor visa applicants make is failing to provide sufficient proof of ties home and failure to prove that their stay is for a legitimate business purpose. 

Motions to Reopen/Reconsiderations

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Requests for Evidence (Joint Sponsors, Good Faith Marriage, Etc)

Associated with Adjustment of Status Applications

§212(d)(3) Waiver for Non-Immigrant Visas

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Freedom of Information Act (FOIA) Requests

G-639 FOIA

Applicants may request access to their federal immigration records by filing Form G-639, Freedom of Information Act/Privacy Act Request under the Freedom of Information and Privacy Act.

The Freedom of Information Act (FOIA) is a law that gives you the right to access information from the federal government. Immigrants who have committed immigration violations or have a complex immigration history should submit a FOIA request with USCIS. 

Per the USCIS website: 

"With certain exceptions, FOIA provides access to Federal agency records. Privacy Act permits U.S. citizens or lawful permanent residents to:

(1) Gain access to information pertaining to themselves in Federal agency records;

(2) Have a copy made of all or any part thereof;

(3) Correct or amend such records; and

(4) Permit individuals to make requests concerning what records pertaining to themselves are collected, maintained, used, or disseminated."

Employment Authorization Cards

I-765

Only certain foreign nationals in the United States temporarily may apply for an Employment Authorization Document (EAD) by filing Form I-765 Application for Employment Authorization. An EAD card authorizes the foreign national to obtain lawful employment in the United States. 

The following categories of foreign nationals may apply for employment authorization: 

  • Asylees/Refugees and their Dependents

  • Temporary Protected Status

  • F-1 Students seeking OPT

  • Spouses of E-1/E-2 Visaholders

  • Spouses of L-1 Intracompany Transferees

  • Spouses of H-1B Nonimmigrants

  • K-1 Fiances/Fiancees

  • K-3 Visaholders

  • Applicants who have a pending I-485 adjustment of status application 

  • Individuals Paroled in the Public Interest

  • Deferred Action 

  • VAWA Self Petitioners . . .

For a complete list please view the I-765 Instructions

Processing Time

The I-765 takes approximately 90 days to process (from date of filing). 

O Visa for Individuals with Extraordinary Ability or Achievement

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F-1 Student Visas

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Asylum

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H-1B Lottery Visa for Specialty Occupations

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