Should You File Form I-751? When your green card is approved based on a marriage that is under 2 years, you will receive a conditional green card and conditional permanent resident status, and that status is good for only two years. To remove the conditions of your permanent resident status, you will need to file with USCIS I-751, Petition to Remove Conditions, and you will also need the advice and guidance of a San Jose immigration attorney. A conditional green card is not renewable after a period of two years. If the conditions of your residence have not been removed before your conditional ..read more

Are American Samoans U.S. Citizens? American Samoa is a U.S. territory located in the South Pacific Ocean. Despite being a part of the United States, American Samoans are not automatically granted U.S. citizenship at birth. This has been a topic of debate and controversy for many years, with American Samoans fighting for their right to citizenship. What is the Current Status of American Samoans? American Samoans are considered U.S. nationals, which means they are entitled to some rights and protections under U.S. law, but they are not considered U.S. citizens. American Samoans cannot vote in U ..read more

Can I Get a Green Card through Marriage? If you are a foreign national who is married to a U.S. citizen or permanent resident, you may be wondering how long it will take to obtain a green card. A green card, also known as a permanent resident card, allows you to live and work in the United States permanently. What is a Green Card? A green card is a document that proves that you are a lawful permanent resident of the United States. It allows you to live and work in the United States permanently, and it also gives you the ability to travel in and out of the country without the need for a visa. A ..read more

Temporary protected status (TPS) is a status the United States government offers the nationals of countries that are in turmoil. That turmoil could be ongoing armed conflict, an environmental disaster or another extraordinary but temporary condition. The Department of Homeland Security has recently offered TPS to qualifying nationals and certain habitual residents of Ethiopia who were already in the U.S. as of October 20, 2022. This designation of TPS for Ethiopia was issued because of ongoing armed conflict and a simultaneous humanitarian crisis. The TPS designation will last 18 mon ..read more

If you work in science, technology, engineering or math (STEM), you may be wondering if the high demand for people in the STEM fields could help you immigrate to the United States. It definitely can. Depending on your exact qualifications, you may qualify for one or more of these employment-based visas: EB-1A visa for people of extraordinary ability EB-1B visa for outstanding professors or researchers EB-2 visa for advanced-degree professionals and people of exceptional ability EB-3 visa for skilled workers, professionals and other workers With one of these visas, you may be able to liv ..read more

If the time has come to renew your green card (permanent resident card), there is good news. Your renewed green card will last for two years (24 months) rather than just 12, according to the U.S. Citizenship and Immigration Services (USCIS). When is it time to replace my green card? There are many situations where a replacement could be required. Basically, if your green card has expired – or if it will expire in the next six months – you should apply for a replacement. Other situations include: Your previous card has been lost, stolen, mutilated or destroyed You got your green card ..read more

Due to the February 2021 military coup in Burma (Myanmar) and the violence since then, Burma is no longer safe for people to return to. The United States government officially recognizes this and is offering immigration help to those from Burma. That help is temporary protected status (“TPS”). TPS allows people to remain in the U.S. until conditions in Burma improve. It also allows them to work legally in the U.S., as long as they qualify. The U.S. government had already granted TPS status to some people from Burma. Now, the government has announced that it is extending TPS status an additiona ..read more

Effective October 1, COVID-19 vaccinations have been added to those required for immigrants who are subject to the required medical examination. This generally includes new visa applicants and those applying for permanent lawful residency (a green card). Immigrants to the United States are already required to be medically eligible to enter the U.S. Being medically eligible includes being free from infectious diseases. The U.S. government also requires immigrants subject to a medical evaluation to get vaccinations against measles, mumps, rubella, polio and hepatitis A and B. To be considered me ..read more

The immigration courts work somewhat differently from other courts in the U.S. Rather than being independent and staffed by judges who base their authority on a constitutional mandate, they are considered part of the Department of Justice and are staffed by administrative law judges. That means that the head of the DOJ — Attorney General Jeff Sessions — has a certain amount authority over immigration judges. One thing he can do is overturn their rulings when they affect immigration policy. Attorney General Sessions has recently done just that, intervening in two key cases. His goals, he says ..read more

Making Student Visa Petitions Easier If you are a student in F-1 status pursuing a degree in science, technology, engineering, or math (STEM), things just got better for you. What’s the great news? Generally, students in F-1 status are allowed a 12-month work permit after they graduate from their academic program, known as Optional Practical Training (OPT), for when the student graduates. Now, students in F-1 status with STEM degrees are eligible for special treatment; they were previously allowed to extend their OPT work permit for 17 months. Now, students in F-1 status with STEM degrees are ..read more