USCIS Will Now Require Interviews for Adjustment of Status to Permanent Residency Applications (I-485)

According to the USCIS website:

uscisWASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.

Effective Oct. 1, USCIS will begin to phase-in interviews for the following:

Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).

Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.

attorney client“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”

Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States.  USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.

Additionally, individuals can report allegations of immigration fraud or abuse by completing ICE’s HSI Tip Form.

How Will This Affect Your Application?

This means that if you filed an application for a Green Card (Adjustment of Status with an I-1485 form) or for asylum, you may now have to attend an in-person interview. This may delay current applications, but the length of the delay remains to be seen.  We will know more after this policy goes into effect on October 1, 2017.

If you have any questions about your Green Card application, or would like to adjust your status to that of Permanent Resident, schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (323) 450-9010; or fill out a Contact Request Form.

About The Grady Firm, P.C.

JGrady Firm-Logo-2016The Grady Firm, P.C. is dedicated to providing exceptional legal counsel to entrepreneurs and their families at all stages of the business life cycle. We deliver superior customer service and holistic strategies tailored to each client’s background and goals.  As a truly global practice, The Grady Firm attorneys provide the business, immigration, employment, intellectual property, and cultural counseling that U.S. and foreign entrepreneurs need to be successful in a new market. Our tech-savvy, multi-lingual attorneys are fluent in Spanish, Italian, German, and Farsi.  They are licensed in California, and can practice immigration and intellectual property in all 50 U.S. states.  With offices in Beverly Hills and San Diego, California, the firm serves clients from around the world.

*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.

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Can’t Afford a Green Card Just Yet? How to Obtain Permanent Residency by Transitioning From the E-2 Treaty Investor Visa to EB-5

by Jennifer A. Grady, Esq. and Anthony Mance, Esq.

American Visa (XL)The E-2 treaty investor visa can be a great way for a foreign entrepreneur to open a business and live and work in the United States legally. What’s more, it is relatively affordable in that it only requires a “substantial” capital investment in a bona fide U.S. enterprise (usually in the amount of $100,000 to $250,000). The investor must be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

The E-2 visa allows the status holder from a treaty country, and his or her family, to come to the United States to open and operate a personal business; the spouse and unmarried children under the age of 21 are able to attend school and work as dependents of the visa. Unfortunately, however, the E-2 treaty investor status does not offer a direct path to Permanent Residence. This means that unless the status holder, or the status holder’s immediate family, has a separate path to Permanent Residence, the visa holder and family will not be able to obtain Permanent Residence status, regardless of how long they maintain their E-2 status. This is further complicated by the fact that the E-2 status is temporary and must be regularly renewed with no guarantee of success.

Furthermore, because the E-2 visa is only available to member of treaty countries, it is not available to everyone. For example, citizens of mainland China, India, Russia, and Brazil are ineligible for the E-2 visa. Continue reading

Looking for Path to a Green Card? Try the EB-5 Investor Visa

by Jennifer A. Grady, Esq.

For foreign investors wishing to obtain a visa to live, work, and attend university in the United States with in-state tuition rates, there are two options available through the E-2 and EB-5 investor visa programs.  The E-2 Visa requires less startup capital and is the fastest way to obtain a visa, although it is not a path to Legal Permanent Residency (Green Card).  The EB-5 Visa requires an initial investment of USD $500,000 to $1 million, and comes with Legal Permanent Residency (Green Card), and ultimately, US citizenship.  This article will discuss the EB-5 “million dollar visa” option.  What may be surprising is that an investor can be eligible for this visa with only a $500,000 investment in a rural or targeted employment area. Continue reading