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Bakker DeLaCruz can assist
businesses that wish to hire foreign workers and
individuals who wish to live and work in the U.S.
temporarily. We handle the following types of nonimmigrant
visa matters:
K-1 Fiancé(e)s & K-3
Spouses
U.S. Citizens may bring their fiancé(e)s to the U.S. to
marry. The
couple must have had a personal meeting within the past
two years. The marriage must take place within
90 days after the fiancé(e) enters the U.S. After the
marriage occurs, they may then apply to adjust to
immigrant status.
Spouses of U.S. citizens may also obtain nonimmigrant
status while they wait for the immigrant petition to be
processed. The spouse may apply for a work permit to
engage in employment during the wait. The spouse may also
travel abroad. The visa must be applied for and issued in
the country where the marriage took place.
Persons in certain specialty occupations are eligible to
work in the United States under an H-1B visa, which is
valid for three years and may be extended for up to six
years. Under certain circumstances, H1-B status may be
extended beyond the six years. A “specialty occupation”
requires “theoretical and practical application of a body
of highly specialized knowledge.” In order to qualify, an
employer must show that proposed employment qualifies as a
specialty occupation. The proposed employee must be
required to have at least a bachelor’s degree / equivalent
degree / equivalent experience. The employer must also be
able to show an ability to pay the worker’s wages.
Employers should keep in mind that the worker may be
ineligible if he or she has been arrested, refused entry
into the U.S., lied to get a visa, violated U.S.
immigration law, or involved with illegal drugs, among
other things. Before the employer’s petition will be
approved, the employer must also complete a Labor
Condition Application (LCA). LCAs must disclose the wage
offered, the prevailing wage (based on the best
information available) and how the employer determined the
prevailing wage. In addition, employers must attest to
various wage and condition-related facts, such as that
they are offering the proposed employee the prevailing
wage, that the foreign employee’s working conditions will
not adversely affect the working conditions of other
workers, and that the employer has given its employees
notice of the filing of the LCA, among other things.
Bakker DeLaCruz can work with you to ensure that you have
all of this groundwork done in time for the five-day
filing period that occurs at the beginning of every April.
A maximum of 65,000 H-1Bs are available each fiscal year.
An additional 20,000 H-1Bs are available for foreign
workers holding a master’s degree or higher from a U.S.
university. H-1B non-immigrants who work at universities,
non-profit research facilities associated with
universities, and government research facilities are
exempt from the cap. Employers who employ nationals of
Chile and Singapore have additional H-1B1s available to
them and are therefore much more likely to be successful.
See H-1B1, below. An interesting feature of the H-1B
status is that it permits "dual intent." "Dual intent"
implies that the worker may choose to return to their home
country or may choose to move into permanent residency
(immigrant) status in the U.S. Therefore, the employee
will not need to show that they intend to return home
after their H-1B status expires.
H-1B1 (Chile/Singapore)
and TN (NAFTA) Free Trade Nonimmigrants
Both U.S. and foreign employers may bring temporary
workers to the U.S. under the TN visa.
Only U.S. employers may bring in H-1B1 temporary workers.
They must be nationals of Singapore or Chile and a Labor
Condition Application is required. The foreign national
must meet the educational or licensing requirements for
the profession. They must also show intent to retain their
foreign residence.
Trade-NAFTA (TN) Professional Workers (from Canada or
Mexico) can now remain in the United States for three
years before seeking readmission or obtaining an extension
of stay.
H-2A Agricultural Workers
Employers that wish to hire foreign nationals as temporary
agricultural workers may apply for H-2As for the
prospective employee. The temporary and seasonal
agricultural workers may enter the United States for a
period of up to one year. Extensions of H-2A visa may be
granted for a total of three years. The employer must show
that it has a temporary need for the type of services or
labor to be performed by the aliens, and that workers are
not available in the United States. The alien must have a
foreign residence that he or she has no intention of
abandoning. Workers not from a country on the list of
eligible countries may be approved on a case-by-case
basis. Eligible countries as of the time this was written
included Argentina; Australia; Belize; Brazil; Bulgaria;
Canada; Chile; Costa Rica; Dominican Republic; El
Salvador; Guatemala; Honduras; Indonesia; Israel; Jamaica;
Japan; Mexico; Moldova; New Zealand; Peru; Philippines;
Poland; Romania; South Africa; South Korea; Turkey;
Ukraine; United Kingdom.
Under new rules, an approved temporary labor certification
must be filed in connection with all H-2A petitions. The
H2A certification is valid for up to 364 days. Dependents
(spouses and unmarried children under 21 years of age) of
H-2A workers are entitled to H-4 status, but may not work
in that nonimmigrant status.
H-2B Non-agricultural
Temporary Workers
Employers can petition for temporary workers to meet peak
load needs. The worker will be initially admitted for up
to a year, and may renew their status for up to a total
stay of three years. Under new rules, an approved
temporary labor certification must now be filed in
connection with all H-2B petitions. In addition,
petitioning employers must specify only the number of
positions sought and not name the individual aliens except
where an intended alien beneficiary is already present in
the United States; or where an alien is from a country not
eligible for participation in the H-2B program. The
employer must also show that the alien met the minimum job
requirements stated in the certification at the time of
filing of application. The worker must be coming to
perform temporary service or labor. However, the
definition of “temporary services or labor” has been
recently amended to allow US employers and eligible
foreign workers the maximum flexibility to complete
projects that could be for a specific one-time need of up
to 3 years without demonstrating extraordinary
circumstances.
H-3 Trainees
Businesses may bring foreign persons to the U.S. to take
part in training programs. However, the H-3 visa may not
be used for graduate education or training. The employer
must explain why the training is required, whether similar
training is available in the alien’s country, how the
training will benefit the alien in pursuing a career
abroad, and why the petitioner will incur the cost of the
training without significant productive labor. The alien
must show that they intend to return to their home country
after the training period.
Multinational companies or those with affiliates abroad
may bring certain employees to work in the U.S. L-1A
managers or executives may be admitted for seven years.
Specialized knowledge workers may be admitted for five
years. The employee must have been employed for the
employer abroad for one continuous year (or six months
under certain circumstances) within the last three years
in an executive, managerial or specialized knowledge
capacity. Specialized knowledge is special knowledge of
the employer’s product or its application in international
markets or an advanced level of the knowledge of the
employer’s processes and procedures. The proposed U.S.
employment must also be in an executive, managerial or
specialized knowledge capacity. The employer must show
evidence of the qualifying relationship between the U.S.
and foreign employer, based on ownership and control, such
as articles of incorporation, financial statements or
stock certificates. There are additional requirements if
the alien is coming to the U.S. to open a new office. The
employee does not need to show intent to return to their
home country at the expiration of their L-1 status.
O-1 Aliens of
extraordinary abilityin
arts, science, education, business, athletics
Foreign nationals of extraordinary ability may be admitted
to the U.S. for an initial period of up to three years.
Extensions in increments of one year are possible. This
visa category is reserved for the small percentage of
those who have risen to the top of their professions, such
as those who have received major international awards,
published material, made significant contributions to
their field, command a high salary within the field,
judged the work of others, among other things. It is more
difficult to show extraordinary ability in science and
business than for the arts and entertainment. Foreign
nationals seeking O-1 status need not show intent to
return to their home country at the expiration of their
O-1 status, but they may have difficulty if they are
married to a U.S. citizen. O-1 spouses and children are
not eligible for employment authorization. This is often
the best option for a nonimmigrant in the U.S. on a J
Exchange Visitor visa who is unable to obtain either a
waiver of the two-year residence requirement or an H-1B.
Assistants and other similar essential personnel may
accompany O-1 artists or athletes to the U.S. To be
successful a petition must show evidence of the
essentiality, and the skills and experience of the O-2
with the O-1.
P-1 Internationally
recognized athlete/entertainment group
P-1A Athletes:
Individual athletes (not teams) may be initially admitted
for up to five years up to total stay of not more than ten
years (but P-1s may now file for a new initial period of
admission after they have been in the U.S. for a 10-year
period). They must show two of the following:
- Substantial participation in a prior season with a major
U.S. sports league
- Participation in international competition with a
national team
- Substantial participation in a prior season for a U.S.
college or university competition
- Written statement from an official of a major U.S.
sports league or official that details how the alien is
internationally recognized.
- That the individual is ranked, if the sport has
international rankings
- That the alien or team has received a significant honor
or award in the sport.
P-1B Entertainers:
Entertainers may be initially admitted for up to one year.
They must be either internationally recognized or show at
least three of the following:
- Starring or leading in productions or events with a
distinguished reputation
- International recognition and acclaim for outstanding
achievement in the field
- Record of major commercial or critically acclaimed
success
- Significant recognition for achievements from critics,
organizations, government agencies or other recognized
experts in the field
- Commands high salary or other substantial remuneration
for services compared to others
Groups must have been established and performing regularly
for at least one year and 75% of the members of the group
must have been performing with the group for at least one
year. This does not apply to circus groups and a waiver
can be requested.
The employer/petitioner should consult with a labor
organization with experience in the relevant field of
athletics or entertainment and submit an advisory opinion
from that organization with the petition. If they do not,
the government will forward a copy of the petition to an
appropriate labor organization. If no relevant
organization exists, the government may decide the
petition without the advisory opinion.
P1-S Essential support for P-1
Assistants and other similar essential personnel may
accompany P-1As or P-1Bs to the U.S. To be successful a
petition must show evidence of the essentiality, and the
skills and experience of the O-2 with the O-1. The alien
must have had substantial experience performing the
critical skills and essential support services for the P.
Entrepreneurs & Traders
Religious Workers
Exchange Visitors
Domestic Employees
Visas for Cruising Sailors
E-1 Treaty Trader / E-2
Treaty Investor
Traders and investors from certain treaty countries may
enter the U.S. for an initial period of two years, with
possible extensions in two-year increments. They must show
that they carry on substantial trade with or substantial
investment in the U.S. Substantial investment is that
which will create employment and is not created by the
investor simply for the purpose of earning a living. The
funds may come from any legal foreign or U.S. source.
Borrowed investment funds qualify as long as they are not
secured by assets of the target U.S. business.
Employees of treaty traders/investors must have executive
or supervisory duties or special qualifications essential
to the enterprise in order to qualify for treaty status.
For employees of treaty investing companies, the investing
company must be majority held or controlled by nationals
of the alien's country.
Foreign nationals seeking E1/2 status need not show intent
to retain their foreign residence.
R-1 Religious Workers
Religious organizations may bring foreign nationals to the
U.S. The religious organization must be non-profit and the
foreign and U.S. branches of the organization must belong
to the same denomination. The foreign national must have
been a member of the denomination for at least two years.
A short break in continuity is now allowed if the
religious worker was on sabbatical or engaged in further
religious training. If the foreign national is a minister,
he or she must be authorized to conduct services. If the
foreign national is a religious professional, he or she
must have a bachelor’s or equivalent and that degree must
be required for the profession. If the foreign national is
of any other vocation, that alien must be qualified in the
religious vocation or occupation. The foreign national
must show that they intend to return to their home country
after the expiration of their status. Under new rules
issued in 2008, the religious worker may be initially
admitted for up to 30 months, and may extend their stay
for an additional 30 months (5 years total stay).
Domestic Employees
G and A visas
Representatives to international organizations holding G
visas and foreign diplomats holding A visas may bring
their personal employees, attendants, and domestic workers
to the U.S. They must receive a fair wage comparable to
that area of employment in the U.S. and must show that the
employee will actually perform the employment duties.
There must be an employment contract written in both
English and the employee’s language that guarantees
minimum wage. The contract must also include a statement
by the employee promising not to accept other employment
while working for the employer, a statement by the
employer promising not to withhold the passport of the
employee and a statement indicating that the employee
cannot be required to remain on the premises after working
hours without compensation.
B Visas
U.S. citizens who ordinarily reside abroad may bring their
domestic employees to the U.S. on a B visa if they are
traveling to the U.S. temporarily or they are subject to
frequent international transfers and will be stationed in
the U.S. for less than four years. The employee must still
demonstrate that they are not an intending immigrant, but
intend to return to their home country after a specific,
limited period. The employer-employee relationship must
have existed for at least six months prior to the
employer’s entry to the U.S. or the employer must
regularly employ a domestic employee in the same capacity
while abroad. The employee must have at least one year of
experience as a personal or domestic employee. There must
be a written employment contract (in English) that states
that the employer will be the only provider of employment
for the employee, provide medical insurance, provide free
room and board and round-trip airfare, pay the employee
the minimum prevailing wage, pay U.S. taxes and social
security, and other protections.
Nonimmigrants may also bring their domestic employees if
they have employed the employee outside the United States
for at least one year prior to the date of their admission
or if the employer-employee relationship existed
immediately prior to the time of application. The employer
must regularly employ (either year-round or seasonally)
domestic help before the time of application, and the
employee must have at least one year of experience as a
personal or domestic employee. The employer must be the
only provider of employment, and must provide the employee
free room and board and round trip airfare under the
employment contract.
Even nationals of countries that fall under the visa
waiver program must obtain visas if they will not be
entering the U.S. on an air or sea carrier designated as a
participant in the visa waiver program. According to the
Department of State website, "almost all major airlines
and cruise ship companies are currently approved carriers
- copies of carrier lists may be requested from the
Department of Homeland Security’s National Fines Office at
1525 Wilson Blvd., Arlington, VA. 22209." Therefore, if
you are a cruiser aboard a sailing vessel planning to
visit the United States, you must obtain a visa prior to
entering the country. For more information, contact us.
Often times, nonimmigrants may need to extend their stay
in the U.S. or change the purpose of their visit (and
therefore nonimmigrant visa category) while they are in
the U.S. Bakker DeLaCruz handles these matters for the
following nonimmigrant categories:
A-3 Attendants of Diplomats
B1/B2 Visitors for Business or Pleasure
E1/2 International Traders and Investors and their
dependents
G Representatives to International Organizations and their
families and employees
H Temporary Workers and their dependents
I Representatives of Foreign Media and their families
J Exchange Visitors and their families
L Intracompany Transferees and their dependents
O Aliens of Extraordinary Ability and their dependents
P Artists, Athletes or Entertainers and their dependents
R Religious Workers and their dependents
Note that B visa holders can only change status in limited
circumstances. If you are a prospective student, you must
state so in your B visa application prior to obtaining the
visa so that your B visa can be marked “prospective
student.”
It is important to keep in mind that you must apply to
change or extend your nonimmigrant category before your
current status expires (written on your I-94).
Nonimmigrants cannot change their status if they have been
unlawfully present for more than six months. In addition,
they cannot extend their status if they have violated
their status absent “extraordinary circumstances” and
other conditions. If you fall into this category, contact
us so we can assist you in proving your case. In addition,
if your application to change or extend your nonimmigrant
status has recently been denied, we can represent you in
your motion to reconsider your application.
Bakker
DeLaCruz can assist businesses that wish to permanently
hire foreign workers in the U.S. and individuals who
wish to immigrate to the U.S. We handle the following
types of immigrant visa matters:
Permanent
Residence Through a Family Member
U.S. Citizens may sponsor the following family members
for permanent residence:
- Spouse: All prior marriages must have been terminated.
They must also show that there is a bona fide marriage.
This requires providing evidence of jointly owned
property, children born to the marriage, co-habitation,
co-mingling of assets or affidavits from others.
- Sons and daughters of all ages, married or unmarried:
Note that for step-children to qualify, the marriage
must have occurred before the child turned 18.
- Brothers, sisters and parents if the sponsor is at
least 21 years old: The petitioner and beneficiary must
have at least one common parent to qualify as siblings.
Permanent residents may sponsor the following family
members for permanent residence:
- Spouses: As with citizens, all prior marriages must
have been terminated. They must also show that there is
a bona fide marriage. This requires providing evidence
of jointly owned property, children born to the
marriage, co-habitation, co-mingling of assets and
affidavits from others.
- Unmarried sons or daughters of any age: Again, for
step-children to qualify, the marriage must have
occurred before the child turned 18.
It is important to note that permanent residents cannot
sponsor a spouse if they gained their status based on
prior marriage less than five years ago, unless the
prior marriage was terminated by the death of the prior
spouse. There is an exception if you can show by clear
and convincing evidence that you did not enter into your
prior marriage to evade immigration laws.
If a marriage is less than two years old when the
foreign spouse obtains permanent residence, the
permanent resident status will be conditional for two
years. The spouses must jointly petition to remove the
condition within the 90-day period immediately preceding
the end of that two-year period.
Child
Status Protection Act
All families with children who may reach the age of 21
during the pendency of their case should seek advice
regarding the Child Status Protection Act (CSPA). The
CSPA protects minor children from losing their
eligibility for immigration benefits because they turn
21 years old as a result of processing delays on the
part of the U.S. Citizenship and Immigration Services or
the Department of State.
Permanent
Residence Through Employment
EB-1 Alien of
extraordinary ability in the sciences, arts,
education, business or athletics
These foreign nationals may self-sponsor themselves and
thus do not require an offer of employment. To be
eligible they must have won a major internationally
recognized award or meet at least three listed criteria.
In addition, they must be coming to the U.S. to continue
work in the area of expertise. If they are not
self-sponsoring the U.S. employer must show that it has
the ability to pay the foreign national’s wages.
Outstanding
professor or researcher
An employer must submit a petition for an outstanding
professor or researcher. The foreign national must enjoy
international recognition and have at least three years
of experience of teaching and/or research in the field.
If the sponsor is a university, the university must
intend to employ the foreign national in a tenured or
tenure-track position or in a permanent position as a
researcher in the field. If the sponsor is a private
employer, the private employer must intend to employ the
foreign national in a permanent research position in the
academic field. They must also employ at least three
full-time researchers and have achieved documented
accomplishments in the field. The U.S. employer must
show that it has the ability to pay the wages.
Multinational
executive or manager
Multinational businesses may transfer their foreign
employees to the U.S. on a permanent basis. If the
worker is now employed outside the U.S., they must have
been employed outside the U.S. for at least one year in
the past three years in an executive or managerial
capacity by the petitioning employer. If worker is in
U.S., they must have been employed for at least one year
in the three years preceding admission as a nonimmigrant
in an executive or managerial capacity by the
petitioning employer. The employer in the U.S. must be
the same employer or a subsidiary or affiliate of the
firm. The U.S. employer must have been doing business
for at least one year. The U.S. employer must show the
ability to pay the wages.
EB-2 Member of the
professions with an advanced degree or one with
exceptional ability in the sciences, arts or business
To qualify in this immigrant category, the foreign
national must have a U.S. advanced degree or the
equivalent, a bachelor’s degree and at least five years
of post-bachelor’s experience in the specialty, or meet
at least three listed criteria showing exceptional
ability.
National
Interest Waiver Foreign nationals with advanced degrees or
exceptional ability in the sciences, arts or business
may self-sponsor by seeking a National Interest Waiver
(NIW). They must show that their admission to permanent
residence would be in the national interest. NIW
applicants will be successful if their entrance would
benefit the economy, culture, welfare or educational
interests of the U.S.
An employer may also submit a petition for the foreign
national, but must first obtain a labor certification,
unless the employee qualifies for the exceptional
ability waiver. The U.S. employer must show the ability
to pay the wages.
EB-3 Skilled
workers Employers seeking to
bring skilled workers to the U.S. on a permanent basis
must first obtain a labor certification. The foreign
worker must meet the educational, training, or
experience requirements of the labor certification (the
minimum requirement is two years training or
experience). The U.S. employer must show ability to pay
the wages.
Professionals
Employers seeking to bring professionals to the U.S. on
a permanent basis must first obtain a labor
certification. The foreign professional must hold a
bachelor’s or equivalent degree, which must be required
for entry into the occupation. The U.S. employer must
show ability to pay the wages.
Unskilled
workers
Employers seeking to bring unskilled workers to the U.S.
on a permanent basis must first obtain a labor
certification. The worker must meet any education,
training or experience requirements required in the
labor certification. The U.S. employer must show ability
to pay the wages.
Nurses and
physical therapists get special treatment.
Contact Bakker DeLaCruz to learn more.
EB-4
Special immigrants
This includes religious ministers, certain long-time
employees of the U.S. government (or of certain
international organization) employed abroad, some
physicians who have resided in the U.S. for a number of
years, court dependents, etc.
Labor
Certifications/PERM
In seeking a labor certification, employers must
establish that there are not sufficient workers who are
able, willing, qualified and available at the time and
place where the alien is to be employed and that the
employment of the alien will not adversely affect wages
and working conditions of similarly employed U.S.
workers. A labor certification is not necessary if the
alien qualifies for a “shortage occupation,” as
determined by the Department of Labor, or for an
occupation listed in the Department of Labor’s “Schedule
A.” However, the position must be posted for ten
consecutive days.
Marriage
Marriage-based immigrant status is conditional for two
years if the marriage is less than two years old at the
time the status is granted. The couple must jointly
petition to remove the condition and both spouses must
appear for the interview. They must show evidence of a
bona fide relationship. There are exceptions to the
joint filing/interview requirement:
- if it would result in extreme hardship (on either
alien or his/her spouse or child)
- entered into marriage in good faith and not at
fault in failing to meet requirement
- battered spouses or those subject to “extreme
cruelty”
Investment
Investment-based immigrant status is conditional for two
years. To remove the condition, the investor must show
that he/she created a new commercial enterprise and
placed $1 million ($500,000 in certain Targeted
Employment Areas) at risk. The investor must have
sustained the enterprise and investment in that business
throughout the period of conditional residence. The
investor will have met these requirements if he/she
"substantially met" the investment requirement and
continuously maintained the investment during the
two-year period. The investor must have hired ten
full-time employees or show that they will be hired.
Spouses who have been abused by their U.S. citizen or
permanent resident spouses may self-petition for
family-based immigrant status. The abuse must have
occurred during the marriage and in the U.S., unless the
abusive spouse is an employee of the U.S. government or
a member of the armed forces. The abused spouse must
have good moral character. The abused spouse must also
show that the marriage was entered into in good faith.
Parents of children who have been abused by that
parent's U.S. citizen or permanent resident spouse may
also self-petition. Finally, battered children who have
been abused by their U.S. citizen or permanent resident
parent may also self-petition.
If the spouse has already obtained conditional permanent
resident status, they may also self-petition for removal
of the condition.
Certain nonimmigrants can adjust to immigrant status
while in the U.S. Bakker DeLaCruz handles the following:
Based on immigrant petition or derivative spouse or
child
Based on admission as fiancée and subsequent marriage to
citizen
Based on continuous residence since before 1972
Birth in the U.S. to a foreign diplomatic officer
Former diplomats
Diversity Lottery winners
Some adjustment applicants must undergo a medical
examination.
Certain nonimmigrants can apply for employment
authorization. Bakker DeLaCruz handles the following:
B-1 Personal or domestic servant of nonimmigrant employer
– the domestic employee must have been employed for at
least a year by the employer before the employer entered
the U.S. or the employer must regularly employ personal
and domestic servants and has done so for a period of
years before coming to the U.S. The domestic employee must
have at least one year of experience as a personal or
domestic servant. They must show that they maintain a
residence abroad that they have no intention of
abandoning.
B-1 Nonimmigrant domestic servant of U.S. citizen – The
U.S. citizen employer must have a permanent home abroad,
must be stationed outside the U.S. and is temporarily
visiting the U.S. or have a current assignment in the U.S.
that will not be longer than four years. The citizen must
have employed the alien as a domestic servant abroad for
at least six months prior to admission to the U.S.
Spouse of E-1/E-2 treaty trader or investor & Spouse
of L-1 Intracompany transferee
K-1 Fiancée or K-2 Dependent
K-3 Nonimmigrant spouse of U.S. Citizen or K-4 Dependent
Adjustment of Status applicants
J-2 Spouses of exchange visitors
Dependents of employees of diplomatic missions (A),
international organizations (G) or NATO
If you have previously overstayed your visa or have been
otherwise unlawfully present in the United States for
more than 180 consecutive days but less than one year,
you are inadmissible for three years. If you have been
unlawfully present for more than one year (consecutive
days), you are inadmissible for ten years. If you were
unlawfully present for more than one year and you have
attempted to enter without inspection, you are
permanently barred from entering the United States.
Persons under the age of 18 do not incur unlawful
presence. If you are inadmissible and wish to enter the
United States as a nonimmigrant, you may be able to
obtain a waiver of inadmissibility. Bakker DeLaCruz can
assist you. Note that you must still meet the
requirements to obtain a nonimmigrant visa.
If you are subject to the 3/10 year bar and wish to
enter the U.S. as an immigrant, Bakker DeLaCruz may be
able to assist you in obtaining a waiver if you have a
qualifying relative (spouse, parent or child) and your
family situation meets certain conditions that
constitute "extreme hardship" to your qualifying
relative.
Certain foreign nationals may apply for travel documents.
Bakker DeLaCruz handles the following:
Re-entry permit for Green Card holders outside of the U.S.
for extended periods of time:
A re-entry permit establishes a presumption that you did
not abandon your permanent resident status. Applying for a
re-entry permit prevents your Permanent Resident Card from
becoming technically invalid for re-entry into the United
States if you are absent from the U.S. for one year or
more. It allows you to apply for admission to the U.S.
after traveling abroad for up to two years, without having
to obtain a returning resident visa. It may also prevent
your U.S. permanent residence from being considered
abandoned for absences shorter than one year if you take
up residence in another country. The permanent resident
must be physically present in the U.S. at the time of
filing, but may leave the country after filing.
Advance parole is available for those who have applied to
adjust status and wish to travel abroad while the
application is pending without abandoning the application.
Advanced parole must be applied for and granted prior to
leaving the U.S. Certain nonimmigrants who have applied to
adjust status do not require advance parole and may
re-enter the U.S. on their valid visas. Advance parole may
also be used for persons outside the U.S. who cannot get a
visa and/or waiver of inadmissibility. They must show that
all medical care, transportation, housing and other
expenses and subsistence needs will be met. There must be
emergent reasons why advance parole should be authorized.
Applicants for U.S. citizenship must be at least 18 years
old and have lawful permanent residence for at least five
years prior to filing, with no absence from the country of
more than one year. In addition, they must 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 disrupts the
applicant's continuity of residence unless they can
establish that they did not abandon their residence during
that period).
However, spouses of U.S. citizens may apply for
citizenship if they have been lawful permanent residents
for at least three years and the spouse has been a U.S.
citizen for the last three years. Applicants must also
have good moral character. With some exceptions,
applicants must be able to speak, read and write English
and have knowledge of U.S. history and government.
Children of applicants for citizenship may also become
naturalized under certain circumstances.
The lawfulness of the alien’s initial admission can be
called into question if the person eventually applies for
naturalization.