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Eligible individuals have the option to apply for a green card from within the United States, through a process called adjustment of status. The application to adjust status is called a Form I-485, and it must be accompanied by an additional form that establishes the basis on which the applicant qualifies for the green card. This is typically either a Form I-130 (if applying for a green card through family), I-140 (if applying for a green card through employment), or I-526 (if applying for a green card based on investment).

Filing the Form I-485 application to adjust status, however, does not give the applicant the ability to travel or work in the United States. For that, the applicant must file the Form I-765 application for work authorization, and the Form I-131 application for advance parole for travel authorization. If the green card applicant leaves the U.S. before receiving travel authorization, their adjustment of status application will be abandoned.

Are You A Green Card Applicant with a Pending I-485 Adjustment of Status Application?

If so, you may be expecting to receive an employment authorization document (EAD) and advance parole (AP) combo card. However, USCIS recently began issuing the two documents separately.

What Is a Combo Card?

In 2011, USCIS announced that they would begin issuing employment and travel authorization on a single “combo” card for those green card applicants already livig lawfully in the United States and filing an adjustment of status (AOS) application. By combining the documents, USCIS enabled applicants to carry a single document that was more durable and secure than the previous AP document.

What Did a Combo Card Look Like and What Should I Expect in the Mail Now?

To avoid any issues, applicants should file their I-765/I-131 applications well in advance of their anticipated employment and planned travel abroad.

Applicants should continue to monitor their pending EAD applications closely and be realistic about making travel and/or employment plans while they wait for their documents to be issued.

Questions About Your Adjustment of Status?

If you would like to schedule a free immigration consultation, please text (214) 838-0045 or call (214) 838-0045 .

Removal of conditions interviews may be waived for some family-based immigrants.

On Thursday, April 7, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it will take a risk-based approach to waiving interviews for conditional permanent residents (CPRs) who file Form I-751, Petition to Remove Conditions on Residence.

USCIS will no longer require everyone who obtained their CPR status via processing at a U.S. consulate overseas to go to an interview after they file a Form I-751.

Instead, USCIS will assess if a CPR needs an I-751 interview based on the following:

• There is sufficient evidence in the file that the marriage is real,

• The CPR is eligible for a waiver of the joint-filing requirement (if applicable),

• There is no indication of fraud or misrepresentation in the file,

• There are no complex facts or issues that require an interview to resolve, and

• The CPR does not have a criminal history that would make him/her removable from the U.S.

View USCIS’ news release for more information on this change.

Questions about your removal of conditions interview?

If you need help with removing conditions on your permanent residence status. Or if you are looking for assistance preparing for your removal of conditions interview please request a free immigration consultation with immigration attorney Jessie M. Thomas today.

What Is Naturalization?

Naturalization is the process by which a lawful permanent resident applies for and is granted U.S. citizenship. U.S. citizenship is a legal status that offers many benefits and responsibilities, including the ability to vote in U.S. federal elections, serve on a jury, travel with a U.S. passport, and bring family members to the United States. Importantly, once obtained, U.S. citizenship cannot be abandoned or lost by spending extended periods of time outside of the United States (as is the case with permanent residence).

When you apply for citizenship, you are taking an oath to support the principles of the U.S. Constitution, to renounce allegiance to a foreign state, and to bear arms on behalf of the United States when required by law. In some cases, obtaining U.S. citizenship may mean losing the citizenship of your home country. This can make applying for U.S. citizenship a very personal decision.

For many people, the naturalization process is relatively simple and straightforward. However, if you have spent extended periods of time outside of the United States, have criminal convictions, or at first glance are unable to meet all naturalization requirements, you should speak to an attorney before making the important decision to apply for U.S. citizenship.

What are the Basic Requirements for Naturalization?

Naturalization applicants must:

What Is Good Moral Character?

Good moral character for naturalization purposes means that you have not performed any acts that offend the accepted moral character standards of the community in which you reside. While this definition is vague, the government has a list of crimes and conduct that would make you ineligible for naturalization based on the good moral character requirement.

For example, an applicant can be found to lack good moral character if they:

• Have been convicted of murder
• Have been convicted of certain aggravated felonies, which include crimes of violence, money laundering, alien smuggling, and document fraud, to name a few
• Committed a crime involving moral turpitude
• Violated a controlled substance law (whether in the United States or abroad) Are or were involved in prostitution
• Earn their income principally from illegal gambling activities
• Willfully failed or refused to support dependents
• Are a habitual drunkard

In general, you must show that you have good moral character during the five-year period immediately preceding your application for naturalization and up to the time of the Oath of Allegiance. However, USCIS may also look at conduct prior to the five-year period in certain circumstances.

What Is the Naturalization Process Like?

When you complete and submit an application to USCIS, you provide them with biographic information. This includes your name, address history, travel history outside the United States, children, etc. After the application is filed with the appropriate government filing fee, you will receive a receipt notice. This notice contains a number that allows you to track your case online. Weeks to months later, you will receive a biometrics appointment notice. This notice will ask you to have your fingerprints and photo taken at your local USCIS office. Then, you wait to be scheduled for your naturalization interview. At the interview, an officer will test your knowledge of English and U.S. civics. You can find materials to help you study for the tests on the USCIS website.

If you pass the test and meet all other requirements for naturalization, you are scheduled for a naturalization ceremony. The ceremony is where you will take the Oath of Allegiance to the United States and officially become a U.S. citizen!

Questions About The Naturalization Process?

If you need help with your naturalization application. Or if you are concerned about one of the requirements please request a free immigration consultation with immigration attorney Jessie M. Thomas today.