The O-1 visa is a unique U.S. immigration option for individuals with extraordinary ability in the arts, sciences, education, business, or athletics. It provides benefits like freelance flexibility and no employer requirement, making it ideal for distinguished creatives.

The U.S. asylum process is a critical pathway for individuals fleeing persecution and seeking safety and a new beginning. Each year, thousands of people from different backgrounds apply for political asylum in the U.S., citing fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Marriage alone doesn’t guarantee a green card—especially if you entered unlawfully. But under the right conditions, legal status may still be within reach.

Divorce During the Green Card Application Process Through Marriage The question of “can divorce during the Green Card application process result in losing the right to a Green Card?” is one of the most frequently asked questions. The short answer is that it depends on the circumstances; in some cases, it may still be possible to obtain a Green Card, while in others, it may not. Let’s discuss these scenarios. First Scenario: Let’s say a U.S. citizen and a foreign national fell in love and got married in the U.S. and want to start the Green Card process. If a divorce occurs before starting the process, then there is nothing that can be done. Unless there was violence or similar circumstances, no right to a Green Card will arise. Under the Violence Against Women Act (VAWA), which applies to both women and men, if the U.S. citizen spouse subjects the foreign spouse to cruelty or violence, the foreign spouse can apply for a Green Card regardless of whether a divorce occurs. However, if a divorce has occurred, the application must be made within two years from the date of divorce. Second Scenario: If a divorce happens by mutual agreement after the application is submitted, it might not be possible to obtain a Green Card. However, exceptions for violence still apply. In addition to violence, exceptions can also be made in cases involving a K-1 Fiancé(e) Visa and the death of the U.S. citizen spouse. Third Scenario: Consider the situation where the U.S. citizen spouse is abroad. If a divorce happens before a visa interview at the consulate after marriage, unfortunately, it’s highly unlikely that the foreign spouse will be able to obtain a Green Card. Fourth Scenario: There might be an exception if the foreign spouse comes to the U.S. on a fiancé(e) visa but the marriage ends before obtaining a Green Card. If the foreign spouse can prove that the marriage was genuine on their own, obtaining a Green Card might be possible. Fifth Scenario: Assuming the application is approved and a conditional (2-year) Green Card is issued. If a 10-year Green Card is issued, the genuineness of the marriage is not questioned again in a second interview. However, if someone received a 10-year Green Card and applies for citizenship within 3 years, the marriage needs to have continued for these 3 years. If a 2-year Green Card is issued, an application to “remove conditions” can be made within the last 90 days before it expires. If a divorce occurs before making this application, one can still apply for a “waiver.” If the individual can prove the marriage was genuine on their own, removing conditions can proceed without issues. This also applies in cases of violence or death. However, if there are no issues in the marriage, one must wait until the last 90 days to apply for removal of conditions. If a divorce happens during this application phase, informing USCIS and applying for a waiver is still possible. After marrying a U.S. citizen and obtaining a Green Card, if the marriage continues, one can apply for citizenship within 3 years. If a divorce occurs during this application, except for cases of violence, the application may not be approved. In such cases, the individual must wait 5 years from the approval of the Green Card.

USCIS Increases Premium Processing Fees! The Immigration Office has made inflation-adjusted increases to the premium processing fees! For applications where premium, i.e., expedited processing can be requested, you will need to pay a higher fee if you wish to take advantage of this service. For example, the premium processing fee for I-539 form requests by those seeking a change or extension of nonimmigrant status has risen from $1,750 to $1,965. This new pricing, effective from February 26, 2024, makes it very important to pay the correct fee. Applications made with the wrong fee will be rejected. Those who wish to see the full fee list for other forms and categories can review the table on the USCIS website. Remember, the immigration process is difficult and complex, so it is important to take each step carefully and consult with an expert lawyer in the field if necessary.

USCIS Removes $85 Biometric Fee for I-539 USCIS, the Immigration Office, announced that starting from October 1, 2023, it will no longer require a biometric service fee, i.e., a fee for fingerprint appointment, for the I-539 form. This form is used for nonimmigrant status change or extension applications. If your application was submitted before October 1, you will still need to attend the biometric appointments. If you mistakenly paid this fee after October 1, and the $85 was paid separately from the application fee, USCIS will refund you the $85. However, if the fees were paid together, your application will be considered invalid. I remind you that the immigration process is difficult and complex, so it is very important to take each step carefully and consult with an expert lawyer in the field.

Attention Green Card Holders: New Changes Affecting Your Families! If you possess a green card and are considering bringing your family to the United States, it is imperative to be aware of a recent substantial development that might impact you. The visa bulletin has undergone notable modifications. Please continue reading for an in-depth explanation. To commence, one might inquire, “What precisely is the Visa Bulletin?” It is a periodic report, published monthly, elucidating the pace at which the U.S. immigration system operates. This bulletin provides specifics about the processing timelines of applications according to their respective categories. I had previously indicated that this discussion would be centered around the circumstances pertaining to the families of green card holders. How did this scenario evolve? Historically, green card holders, upon initiating applications for their families, were only subjected to the standard processing duration. There was no additional waitlist for visas. Regrettably, this has undergone a change recently. What does the current data indicate? The most recent bulletin indicates a waiting period of 5 years. However, just a month prior, the stipulated wait time was 6 years. One might wonder, “What implications does this carry, esteemed counsel?” To elucidate, let’s segregate the information into two scenarios: the location of the green card holder’s family, be it legally within the United States or overseas. If the family is presently in the U.S., they retain the ability to apply for work and travel authorizations through the “Adjustment of Status” procedure, provided the visa bulletin remains unaltered. However, it’s essential to note that there might be an extended wait based on the visa bulletin’s queue for the final green card approval; presently, this is projected to be between 5-6 years. Conversely, if the family resides outside the U.S., the prospects appear less favorable. According to current Visa Bulletin information, a considerable number of individuals may face a wait of approximately 5-6 years before reuniting with their kin. It is pivotal to note that the landscape of the immigration procedure is in a state of flux. It is my fervent hope that circumstances will improve in upcoming times. You have my sincerest well wishes and prayers.

A Comprehensive Guide to Obtaining a Green Card through Marriage to a U.S. Citizen   This article aims to provide readers with a concise overviewof the process involved in acquiring a green card via marriage to a U.S. citizen.Given the ever-evolving nature of immigration laws, especially with thebackdrop of recent political developments, it is crucial to stay abreast of thelatest changes. You can do so by regularly engaging with our informativecontent. 1. The Basics The initial step in this journeyinvolves establishing the current residence of the foreign spouse, as theprocedure differs based on their location — either within or outside the U.S. A. If the Foreign Spouse is Residing in the U.S.:This pathway is termed “Adjustment of Status.” Key prerequisites forthis include legal entry into the U.S., the absence of a deportation order, andno history of serious criminal offenses. Supposing the foreign spouse meetsthese stipulations and possesses a valid status in the U.S.: TheU.S. citizen spouse should commence the application by completing theI-130 form. Anotherpivotal document is the I-485 form. Whileprocessing, requests for employment or travel permits can be made. It isadvisable to collate all essential forms, corroborative information, andevidentiary documents affirming the authenticity of your marriage, andsubmit them collectively to the immigration office.   There are a couple of pertinent inquiries: i. Can a U.S. citizen pledge sponsorship for theirforeign spouse?  To ensure financial backing, the U.S. citizen spouse shouldcomplete requisite forms. Their income should surpass a specific benchmark,annually determined by the USCIS. If it falls short, a co-sponsor isnecessitated. ii. When will the employment and travel permit besanctioned?  Due to the considerable backlog at the USCIS, with some delaysextending beyond 10 months since 2020, patience is of the essence. B. If the Foreign Spouse is Residing Outside the U.S.:This route is termed “Consular Processing.” In essence, the foreignspouse should acquire an immigrant visa from a U.S. embassy or consulate. Uponarrival in the U.S. within the designated period and after making the requisitepayment, the USCIS is anticipated to sanction the Green Card. To embark on this path: TheU.S. citizen spouse should initially complete the I-130 form. Followingits approval, supplementary civil and financial details and documentsshould be uploaded onto a digital platform. Conclusively,the foreign spouse is mandated to participate in an interview at the U.S.embassy. Depending on its outcome, an immigrant visa might be granted. It is pertinent to acknowledge that consular processing might be more time-intensive than the adjustment of status.   This overview serves as an introduction to the multifaceted realm of green card acquisition through marriage to a U.S. citizen. For an exhaustive consultation, you’re invited to book an appointment via our official website. Also, for real-time updates, ensure you’re connected with our social media channels. We eagerly await our next interaction.  

O-1B Core Requirements and Process Let us immediately address the central focus of this discussion. The O-1B visa serves as a substantial facilitator for individuals who have achieved a high level of expertise and recognition in the artistic sphere. This visa classification stands apart from many others, as it does not mandate the presence of a definitive job offer or sponsorship from a U.S. company, offering a stage for artists and creative minds to pursue various projects that resonate with their distinct skill sets. Embarking on the process to secure an O-1B visa necessitates a profound understanding of its foundational prerequisites. Foremost, it requires the engagement of a U.S.-based agent or employer. However, in the absence of a designated agent in the U.S., rest assured that a U.S. resident can fulfill this requirement. Subsequently, it is imperative to furnish proof of prospective employment, established through bona fide offer letters either from within the U.S. or internationally. Moreover, securing an advisory opinion from a labor organization or peer group within the U.S., attesting to your remarkable aptitude in your artistic discipline, is essential. Central to this endeavor is the assembly of a robust and persuasive portfolio, delineating your remarkable proficiency in your field. This compilation should articulate your individual trajectory, incorporating endorsements, accolades, a record of your participation in high-profile events, and media coverage, among other elements. It aims to authentically represent your personal journey, substantiated by external validations of your significant contributions and prominent stature in your artistic domain. To fulfill the eligibility criteria for the O-1B petition, one must exhibit the receipt or nomination for a notable award or meet at least three of the six listed criteria that elucidate the nature of your accomplishments and industry reputation. Upon sanction, the visa permits an initial stay in the U.S. for a duration of up to three years, with provisions for extensions predicated on ongoing engagements or alterations in the employment structure. Families of O-1B visa recipients can find solace in the provision allowing spouses and unmarried children below the age of 21 to accompany them under the O-3 visa, entitled to similar privileges and restrictions. Furthermore, for those envisaging to bring along essential crew members, the O-2 visa facilitates the inclusion of individuals pivotal to your artistic endeavors and possessing specialized skills unavailable in the U.S. The O-1B visa, therefore, emerges as a potent mechanism for extraordinarily talented individuals in the artistic arena, enabling the enhancement of their visibility and career consolidation in the U.S. Below, we illustrate potential instances of satisfying each criterion for the O-1B visa: 1. Leading or starring role in reputed productions or events.– Example: Main performer in well-known music festivals or lead actor in reputable Broadway productions. 2. National or international acknowledgment demonstrated through reviews or published content.– Example: Featured in high-impact publications highlighting your artistic contributions. 3. Significant roles in organizations and establishments of high repute.– Example: Principal dancer for an esteemed ballet company or lead designer for a top-tier fashion brand. 4. A history of significant commercial or critical successes.– Example: Participation in award-winning films or chart-topping albums. 5. Noteworthy recognition from industry experts, organizations, or government entities.– Example: Award recipient from a recognized arts organization or receiving government honors for your artistic contributions. 6. Commanding a substantial remuneration in comparison to industry peers.– Example: Contracts illustrating a salary significantly above the industry standard. It is imperative to remember that these are illustrative scenarios, with the actual circumstances varying for every applicant, and the persuasive presentation of one’s achievements being pivotal. For further guidance or to explore your O-1B visa eligibility, we invite you to schedule an appointment through our website. We hope this detailed exposition on the O-1B visa has been enlightening. To stay updated on immigration law insights, we encourage you to like, share, and subscribe to our channel. Thank you.

O-1A Core Requirements and Process The O-1A visa is valued for its versatility. Distinct from certain other visa types, it doesn’t mandatorily require a direct company endorsement. Rather, upon approval, it grants individuals the liberty to undertake varied projects and roles based on their specialization, even facilitating work for foreign employers within the U.S. The O-1A visa encompasses three principal criteria. Initially, a representative or employer within the U.S is essential. However, if one hasn’t yet secured a U.S.-based agent, an American individual can also serve this role. Subsequently, there’s a need to present proof of prospective employment. This can be established via credible offer letters or definitive employment contracts, originating either from the U.S. or overseas. The final requirement entails obtaining an advisory opinion from a U.S.-based entity or person vouching for your exceptional prowess, supported by proof of recognition or major accomplishments in your discipline. To elucidate on proving exceptional prowess: the O-1A documentation should evidence that you’ve garnered a significant international award (like the Nobel Prize) or satisfy at least 3 of the subsequent 8 benchmarks: Receiving national or international prizes or awards attesting to excellence in your discipline. Membership in associations demanding noteworthy achievements, as recognized by industry experts. Documentation in professional publications or major media covering the individual’s accomplishments. Engaging as a judge of peers’ work in your field. Producing influential scientific, artistic, athletic, or business contributions. Authoring scholarly articles in professional publications or mainstream media. Holding essential roles in esteemed organizations. Receiving compensation considerably above the industry average.   Upon O-1A visa ratification, an initial 3-year stay in the U.S. is permitted. Subsequent extensions can be sought annually under O-1 status. Altering the visa’s structure related to one’s employment can also justify a 3-year extension. Concerning family: Spouses and dependent children under 21 may be eligible for O-3 visas. They can join or follow you, pursue education, but employment is restricted. In summation, the O-1A visa offers a flexible pathway for those with notable skills or achievements. It caters to a spectrum of professions and areas of expertise. This overview is foundational and shouldn’t supplant legal consultation. Given the O-1A visa’s intricacies, enlisting an adept immigration attorney can amplify approval probabilities. It’s pertinent to mention that O1 applications, although typically processed within months, can have variable durations. Factors include your location, the administrative center, and your specific situation. An expedited 15-day initial response is accessible for an added fee. Preparation should commence promptly. Assembling essential documentation, endorsements, and substantiating your exceptional capabilities is time-intensive. A meticulously crafted, comprehensive application enhances your likelihood of USCIS approval. With judicious planning and expert counsel, the O-1A visa can provide a substantial platform to augment your professional journey in the U.S. Despite its intricate nature, the potential rewards are considerable. Each O-1A visa pursuit is distinct, and strategies may diverge. Central to success is the adept showcasing of your individual milestones and contributions. In closing, every monumental feat was once deemed unattainable. So, remain ambitious, trust your expertise, and continue making impactful advancements in your domain. For further details or to evaluate your O-1A visa eligibility, you’re invited to book a consultation via our website.