How to Respond to a Request for Evidence (RFE)

Navigating the U.S. immigration process can feel overwhelming, especially when it comes to adjusting your immigration status. Understanding the steps involved and what options are available is crucial. This guide will walk you through the basics of Adjustment of Status (AOS), various methods of adjustment, potential challenges like permanent bars, and options for waivers. Every case is unique, so evaluating your situation with an experienced immigration attorney is encouraged. What is Adjustment of Status? Adjustment of Status (AOS) is the legal administrative process that allows an individual to become a lawful permanent resident (LPR) or "green card" holder in the United States. It is often used by individuals who are already in the U.S. on a temporary visa but wish to become permanent residents. AOS is handled by the U.S. Citizenship and Immigration Services (USCIS) and is an option for those who are eligible to apply for a green card from within the U.S., avoiding the need to return to their home country to complete the process through a U.S. embassy or consulate. Ways to Adjust Your Status There are several pathways to adjust your status to permanent residency, depending on your eligibility. Here are some of the most common methods: Family-Based Adjustment: If you are a close relative (spouse, child, or parent) of a U.S. citizen or permanent resident, you may qualify to adjust your status. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) often have priority in the application process.These individuals may qualify for AOS if they can demonstrate lawful entry to the USA and that they meet the other criteria. Employment-Based Adjustment: Those working in the U.S. under an employment visa may be able to apply for a green card through their employer, provided the employer sponsors them. This usually requires a labor certification and a job offer from a U.S. employer, as well as continuous maintenance of lawful visa status in the United States at all times. Diversity Visa Lottery: Individuals who win the U.S. Diversity Visa Lottery can adjust their status if they are lawfully present in the U.S. at the time. Asylum or Refugee Status: If you have been granted asylum or refugee status in the U.S., you may be eligible to apply for permanent residency after one year of living in the U.S. U Visa, T Visa, or VAWA Recipients: Most recipients of U, T, or VAWA approvals become eligible to adjust status after their status is granted by USCIS. The amount of time an individual must wait before applying for AOS varies on a case-by-case basis. More about Adjustment of Status after unlawful entry here. Understanding Permanent Bars Certain individuals may face "permanent bars" to adjustment of status. These bars apply to those who have committed serious immigration violations, such as: Unlawful presence: If you entered the U.S. without permission or overstayed a visa for more than one year, then left and re-entered without permission, you may be subject to a permanent bar that could prevent you from adjusting your status. Fraud or misrepresentation: Providing a fake birth certificate to an immigration agent or falsely stating that you are a U.S. citizen in any context can result in permanent ineligibility for AOS. These permanent bars can severely limit your options for becoming a permanent resident. However, in certain cases, waivers may be available. Check with a trusted immigration lawyer to learn about your options. Waivers: Overcoming Ineligibility For some individuals who face barriers to adjustment, it may be possible to apply for a waiver. A waiver can allow you to bypass certain grounds of ineligibility, like unlawful presence or misrepresentation health issues, or certain minor crimes. Most often, waivers are filed on Form I-601. Most often, waivers are filed on Form I-601. This form can be filed for individuals who can demonstrate that their U.S. citizen or permanent resident spouse or parent would suffer extreme hardship if they were not granted allowed to adjust status. If the waiver is approved, then the individual will again become eligible to apply for and receive AOS. Every Case is Different The immigration process is complex, and no two cases are the same. The path to permanent residency depends on many factors, including your immigration history, your eligibility for waivers, and any existing bars to entry. At JLW Immigration Law Group, we recognize that each situation is unique, and we are committed to providing tailored advice to help you navigate this intricate process. Schedule a Consultation with us to evaluate your specific case and explore the best options available to you. Our experienced attorneys would be honored to guide you every step of the way, ensuring you have the support you need in your journey toward permanent residency.

If you are an undocumented immigrant married to a U.S. citizen, you may be exploring options to remain in the country while applying for permanent residency. One such option has been Parole in Place (PIP), a program historically available for military families. Recently, a version of this program was extended to non-military spouses under the Keeping Families Together initiative, but recent legal developments have put this policy on hold. Let’s explore everything you need to know about Parole in Place for spouses, its qualifications, the legal situation surrounding the program, and other options if PIP is no longer available. What is Parole in Place (PIP)? Parole in Place (PIP) is a U.S. immigration policy designed to allow certain undocumented immigrants to remain in the U.S. temporarily, even though they entered the country without permission. Traditionally, this has applied to spouses and immediate family members of U.S. military personnel. In June, under the Keeping Families Together initiative, the Biden administration announced an extension of PIP to non-military families, providing relief to approximately half a million foreign-born spouses. This expanded program was intended to allow undocumented spouses of U.S. citizens to remain in the country while applying for a change in their legal status, such as permanent residency, rather than having to leave the U.S. and apply from their home country—a process known as consular processing. Qualifications for Parole in Place To qualify for the Parole in Place program (if it resumes), an individual typically needs to meet the following criteria: Be married to a U.S. citizen Be currently residing in the U.S. without legal immigration status Have no serious criminal record Not pose a threat to public safety or national security It’s important to note that the program’s legal requirements can be complex, so consulting with an immigration attorney is crucial to determine eligibility. The Legal Situation of Parole in Place Despite its potential benefits, the expanded Parole in Place program for non-military spouses has faced legal challenges. A federal judge in Texas has temporarily blocked the policy, following a lawsuit from 16 state attorneys general. They argued that the policy violated federal immigration laws by essentially offering a form of blanket amnesty to undocumented individuals. As of now, the administrative stay has paused any approvals under this program until at least September 23, 2024, with a review set for October 10, 2024. While the Department of Homeland Security (DHS) continues to accept applications, they will not be processed for approval until further legal action takes place. Other Options: Consular Processing If Parole in Place is not an option, the traditional route of consular processing remains available. This process requires the undocumented spouse to leave the U.S. and apply for an immigrant visa at a U.S. consulate abroad. While this can be a more lengthy and stressful process, it may be the only alternative if PIP is permanently blocked. However, consular processing may come with challenges, such as triggering an inadmissibility bar if the spouse has been in the U.S. unlawfully for a prolonged period. Waivers may be available to overcome this bar, depending on the circumstances. Schedule a Consultation  With the current uncertainty surrounding Parole in Place, it’s more important than ever to understand your rights and options. Whether you are exploring the possibility of PIP or considering consular processing, having an experienced immigration attorney on your side is essential. Contact JLW Immigration Law Group today to schedule a consultation and get personalized guidance on your immigration journey. We’re here to help you navigate this complex legal landscape.

For families separated by borders, the U.S. immigration system offers a pathway to reunification through family-based immigration petitions. This process begins with the Form I-130 Petition. This petition is essential for U.S. citizens or lawful permanent residents (green card holders) who wish to help a family member obtain legal status and live in the U.S. with them. At JLW Immigration Law Group, we understand that the I-130 process can be complex, so we have created a simplified guide to help walk you through this critical process. Step 1: Understand Who Can File an I-130 The I-130 form, also known as the Petition for Immigrant Relative, is the first step in helping a family member gain legal status in the United States. Eligible petitioners include: U.S. Citizens: Can file for their spouse, children (regardless of age or marital status), parents, and siblings. Lawful Permanent Residents (Green Card Holders): Can file for their spouse and unmarried children. Each family relationship is unique, and the category under which you file may affect processing times. Immediate relatives, such as spouses, minor children and parents of U.S. citizens, typically receive faster processing compared to other family categories. Step 2: Complete the I-130 Form The I-130 form is designed to establish the validity of the family relationship between the petitioner (you) and the beneficiary (your relative). This form requires detailed information about both the petitioner and the beneficiary, including: Full names Birth dates Marital status and history, including prior marriages Immigration status Evidence of the family relationship (e.g., birth certificates, marriage certificates, divorce records, death records, etc.) Along with the form, you’ll need to submit supporting documents to prove the relationship. For example, if you're petitioning for a spouse, you’ll need to submit a marriage certificate and evidence of a genuine marriage (like joint financial documents or family photos). If you or your spouse has been married before, you must submit proof that the prior marriage was legally terminated by divorce, annulment, or death. Step 3: Submit the Petition and Supporting Documents Once you've completed the I-130 form and gathered the necessary supporting documents, you will need to submit the petition to the U.S. Citizenship and Immigration Services (USCIS). The filing process involves: Filing Fee: The current fee for filing an I-130 petition is $675 Submission: The petition can be submitted online or by mail, depending on your preference. Be sure to retain copies of all forms and documents submitted for your records. USCIS will review the application to ensure it’s complete. If anything is missing, USCIS may request additional information, delaying the process. This is why it's crucial to get it right the first time. Step 4: Wait for Processing and Approval The approval process can vary depending on the relationship and the current USCIS processing times. After submitting your petition, USCIS will send a receipt notice, which you can use to track the progress of your case. For immediate relatives of U.S. citizens, the process can take anywhere from several months to a year. For other categories, such as siblings of U.S. citizens, the wait can be significantly longer due to visa limitations. Once approved, the case moves to the next step, either consular processing (for beneficiaries living abroad or who must consular process) or adjustment of status (for those already in the U.S.). Step 5: Next Steps After I-130 Approval After USCIS approves the I-130 petition, the process for your family member to gain legal status is not yet complete. If they are abroad or in the U.S. but ineligible for adjustment of status, they must complete the consular processing through a U.S. Embassy or Consulate in their country. If they are already in the U.S., they may apply to adjust their status to a lawful permanent resident if they meet eligibility requirements. Schedule a Consultation Today Reuniting families is at the heart of what we do at JLW Immigration Law Group. We know how important it is for you to be with your loved ones, and we’re here to guide you every step of the way. Filing an I-130 petition can be complex, but with expert legal assistance, you can avoid unnecessary delays and ensure the best chance of success. Schedule a consultation with us today to learn more about how we can help bring your family together. Our of respect for the humanity of our clients and immigrants around the world, we have opted to modify the names of some forms and legal terms in our published guidance. Please contact us with any questions or concerns.

What is Citizenship? Citizenship refers to the legal status of being officially recognized as a full-fledged member of a nation. In the United States, there are two primary ways to obtain citizenship: By birth: If you are born on U.S. soil or your parents are U.S. citizens, you become automatically a U.S. citizen when you are born. This is known as "birthright citizenship." By naturalization: If you were born outside the U.S. but immigrate through one of the legal channels, you may become eligible to apply for U.S. citizenship by showing that you meet the legal requirements. What is Naturalization? Naturalization is the legal process through which a non-citizen can become a U.S. citizen. Unlike birthright citizenship, naturalization requires individuals to meet certain criteria, including holding a green card for a specified amount of time, physically residing in the USA, speaking English, passing a test about U.S. history and government, and demonstrating good moral character. What are the Key Differences Between Citizenship and Naturalization? By birth vs. process: Citizenship can be granted by birth, while naturalization involves completing a legal process. Parentage: Citizenship is typically linked to where you or your parents were born, whereas naturalization is available to anyone meeting the requirements, regardless of their birth country or their parents' birth country. Requirements: Naturalization involves passing tests and interviews, while those who are born citizens can simply apply for and receive documentation of their citizenship without meeting the English, civics, and residency requirements. What Do You Need to Qualify for Citizenship or Naturalization? For birthright citizenship: You need to be born in the U.S. or have parents who are U.S. citizens. Birth records and proof of familial relationship is required. In some cases, DNA testing may be requested. For naturalization: You need to: Hold a green card for at least 5 years (or 3 years if married to a U.S. citizen). Pass an English and civics test, or demonstrate that you qualify for an exemption to this requirement. Demonstrate continuous residence in the U.S. Exhibit good moral character. How Long Does the Naturalization Process Take? The naturalization process can take anywhere from 6 to 12 months, depending on factors like location and workload at your local U.S. Citizenship and Immigration Services (USCIS) office. The process involves: Filing Form N-400 with the filing fee or a fee exemption. Attending a biometrics appointment. Participating in an interview. Passing the English and civics test. Taking the Oath of Allegiance. Do Naturalized Citizens Have the Same Rights as Birthright Citizens? Yes. Once naturalized, individuals have the same rights and privileges as those who were citizens by birth. This includes the right to vote, hold public office, and obtain a U.S. passport. The only exception is that one must be born on U.S. soil to be elected president. Is the Paperwork Complicated? The naturalization process can feel overwhelming due to the extensive paperwork, tests, and interviews involved. If you need assistance understanding the application, questions, and requirements, and preparing for the interview, working with an immigration attorney can help you navigate the process efficiently and reduce stress.  Ready to Take the Next Step? Navigating the path to U.S. citizenship or naturalization can be complex, but you don't have to go through it alone. Schedule a consultation with us today for personalized assistance tailored to your situation.