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.

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.

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. Would you like to see our article on the same subject? WHAT IS THE O-1 ARTIST VISA? 2025 GUIDE  

O1 VISA FOR INDIVIDUALS OF EXTRAORDINARY ABILITY   The O1 visa stipulations typically mandate that applicants demonstrate persistent national or international recognition. This recognition can be substantiated through endorsement letters, association memberships, accolades received, publications in reputable media outlets, evidence of financial remuneration, and more. The aim is to validate an individual’s professional trajectory via impartial external documentation. Our methodology involves a meticulous examination of each individual’s background, ensuring bespoke case preparations aligned with their unique expertise and accomplishments.   The criteria for the O1 visa is anchored around three principal components: a designated representative or employer within the United States, substantiation of forthcoming professional engagements (which can be confirmed through genuine offer letters from either domestic or international sources), and an advisory statement from a U.S.-based individual or entity vouching for the applicant’s exceptional capability based on the aforementioned acclaim evidence. It’s pertinent to mention that if an applicant lacks a designated U.S. representative, this stipulation can be satisfied through a U.S. citizen.   Though the O1 visa is frequently linked with artistic domains due to the substantial applications from artists, it’s imperative to comprehend that it isn’t solely reserved for artists. There exist two variants of O1 visas: O-1A, designated for individuals with exceptional prowess in science, education, commerce, or sports; and O-1B, tailored for those within artistic spheres. The O-1B visa encompasses not merely traditional artists, but also professionals whose endeavors predominantly encompass artistic creativity, such as musicians, photographers, performing artists, creative directors, audio technicians, digital influencers, interior and graphic designers, motivational orators, fashion consultants, and more.   For corporate professionals, the O1 visa is not tethered to investment considerations. Business pioneers, as well as key personnel within their domains, including but not restricted to software developers, engineers, and event planners, may contemplate the O1 visa. To ascertain eligibility, memberships in esteemed professional bodies and tangible contributions to one’s domain, acknowledged in industry journals or other publications, are indispensable.   It’s salient to acknowledge that the aforementioned examples aren’t exhaustive, and the O1 visa eligibility framework is expansive, capable of encompassing a diverse array of professions and expertises.   Regarding the application timeline for the O1 visa, while the procedure may conclude within a few months, it’s critical to recognize that durations can fluctuate considerably contingent upon specific case nuances, the applicant’s geographical location (either within the U.S. or overseas), and the administrative center overseeing the application.   For further elucidation, we invite you to arrange a consultation via our online platform. We also encourage you to engage with our digital channels on social media. Wishing you well, and we anticipate our forthcoming interaction.

How can those who come with the Work & Travel program stay in the U.S.? An essential aspect to highlight concerning this matter is the stipulations of the J1 visa granted to participants of the Work and Travel program. A provision known as the “2-year rule” is occasionally associated with this visa type. To verify the applicability of this rule, individuals must inspect the concluding section of their visa, which clarifies if they are bound by this rule. For those not subjected to the 2-year rule, the process is comparatively uncomplicated. However, for those to whom it applies, navigating through the waiver process can be intricate. Another vital factor for J1 visa holders is their existing legal standing. Some individuals might prematurely conclude their program, resulting in undocumented status. This undocumented status often presents substantial challenges. A significant portion of J1 visa holders transition either to a student or tourist status. In some instances, they may establish romantic relationships with US citizens or Green Card holders, leading to marriage. The transition to tourist status comes with a stipulation of a maximum 6-month stay. In making the shift from J1 to a tourist status, individuals declare their intention to reside in the US for no longer than 6 months, ensuring they possess adequate finances to support their stay and excursions within the country. In essence, they seek a period for exploration. The process of transitioning to a student status presents its own set of complexities. Gaining acceptance from an educational institution and securing the I-20 document from the said institution is mandatory. A pivotal factor is demonstrating the capability to cover educational expenses without resorting to unauthorized employment. Potential students might either have sufficient funds or, in its absence, require a sponsor. Transitioning to the F1 or student status may necessitate an extended waiting period for the approval of the status change. It’s imperative during this period to refrain from unauthorized employment. Individuals may either patiently await their status approval at home or engage in tourism activities; however, employment remains strictly off-limits. While there are other alternatives available, they are not as commonly pursued. The majority of inquiries tend to focus on the transition to a student status. A recurring query is, “Upon applying as a student, is a return to Turkey feasible?” Regrettably, although the application bestows a specific status within the US, it does not correspondingly confer a visa. This implies that if one has transitioned from a J1 to student status, specifically through the I-539 application, this does not inherently provide travel privileges. Should one wish to visit Turkey and subsequently return, a fresh visa application becomes indispensable.

The top 3 frequently asked questions about H2B and their answers The Top 3 Inquiries Pertaining to the H2B Visa Addressed 1- Is it possible for you to facilitate employment for me to secure an H2B visa? The mechanics of this process do not operate on that premise. In my role as a legal representative, I work on behalf of the employer. The company responsible for hiring utilizes a professional framework to identify suitable staff autonomously. Consequently, it is not within my mandate to mediate and secure employment on your behalf. 2- When is it conceivable to obtain an H2B visa? Annually, there are two designated periods when quotas are unveiled, specifically in the months of April and October. The April window typically experiences a surge in applications. Nevertheless, being selected in the lottery does not signify the culmination of the process. Following this, one must navigate through a series of approvals before securing an appointment at the consulate — a procedure that currently faces a backlog, resulting in a dearth of available appointments for several months. 3- What is the maximum duration permitted for a stay on an H2B visa? The H2B visa is categorized into several tiers, each dictating a different allowable duration of stay, ranging from a maximum of 9 to 12 months. However, under justifiable circumstances, an employer has the prerogative to petition for an extension to this tenure. Additional Insight: On rare occasions, despite not being selected in the lottery, individuals might benefit from the introduction of extra quotas. This phenomenon was recently witnessed with the April 2022 group, but a subsequent bulletin from the USCIS has confirmed that the additional allotment has, regrettably, been exhausted.