Citizenship Act of 2021: Biden’s Immigration Plan

Today, after months of speculation, and after decades of failed attempts by many to reform the U.S. immigration system, newly-inaugurated President Joseph Biden takes a bold step in fulfilling his campaign promise to overhaul the U.S. immigration system, by sending his bill, the U.S. Citizenship of Act of 2021, to Congress.

Richard Herman, a nationally-renowned immigration lawyer and co-author of the book, Immigrant, Inc– Why Immigrant Entrepreneurs Are Driving the New Economy (and how they will save the American Worker) (Wiley, 2009), says that this new immigration bill, if passed by Congress, will make America stronger:

Our current immigration system is broken, fails to treat people with dignity, separates families, and undermines our economy and safety.  Legalization of undocumented immigrants, many of whom have lived and worked in the U.S. for more than 10 years and have deep roots in the community, deserve an opportunity to join the American family.  Similarly, for too long, the U.S. immigration system has disregarded the talents of highly-educated immigrants, many of whom have left the U.S. or have immigrated to more welcoming countries.  The Biden Immigration bill is a great first step in modernizing an antiquated system and re-imagining how our immigration laws must reflect our character as a nation of immigrants.”

This bill comes after former President Trump has waged a four-year war on immigrants, both undocumented, as well as legal immigrants.  Leveraging white nationalist ideology and the pandemic, Trump implemented measures to restrict legal immigration and demonize immigrants.

It is anticipated that nearly 11 million undocumented immigrants may be eligible to normalize their immigration status should the Biden bill become law.  Additionally, hundreds of thousands of highly skilled immigrants, primarily those from India and China, who have been waiting years for a green card, will be able to obtain permanent residency should Congress approve.

What Does Biden Propose?

The immigration proposal, which accompanies a flurry of Executive Orders by President Biden, reversing many of Trump’s Executive Orders on immigration, such as the Travel Ban from predominantly Muslim nations, provides the following:

  • Foreign nationals present in the U.S. on or before January 1, 2021, and who pass a criminal background check, would be eligible to apply for temporary legal status, apply for green cards after five years if they meet certain requirements, and citizenship three years later
  • Deferred Action for Childhood Arrivals (DACA or Dreamers) holders, Temporary Protected (TPS) recipients, and farm workers who are present on or before January 1, 2021, who meet certain requirements would be immediately eligible for green cards and citizenship three years later;
  • The Secretary of DHS may waive the physical presence requirement for those deported on or after January 20, 2017 who were physically present for at least three years prior to removal for family unity and humanitarian purposes;
  • Keeping families together by clearing backlogs, recapturing unused visas, eliminating lengthy wait times, increasing per-country visa caps. and eliminating so called “3 and 10-year bars” and other provisions that keep families apart;
  • Embraces diversity by including the NO BAN ACT that prohibits discrimination based on religion and limits presidential authority to issue future bans. The bill also includes increasing Diversity Visas to 80,000 from 55,000.
  • Grow our economy by clearing employment-based visa backlogs, recaptures unused visas, reduces lengthy wait times, and eliminates per country caps. The bill makes it easier for graduates of U.S. universities with advanced STEM degrees to stay in the U.S.; improves access to green cards for workers in lower-wage sector; and eliminates other unnecessary hurdles for employment based green cards.
  • Provides dependents of H1B visa holders work authorization, and children are prevented from “aging out” of the system.
  • Creates a pilot program to stimulate regional economic development, gives DHS the authority to adjust green cards based on macroeconomic conditions, and incentivizes higher wages for non-immigrant higher skilled visas to prevent unfair competition with American workers.
  • Protects workers from exploitation and improves the employment verification process.
  • Supports asylum seekers and other vulnerable populations. The bill eliminates the one year deadline for filing for asylum and provides funding to reduce the asylum application backlog.
  • Improve the immigration court system with new technology, and to protect vulnerable individuals by providing judges with training and discretion to review cases and grant relief to deserving individuals
  • Increases protection for U visa, T visa, and VAWA applicants, including raising the cap on U visas from 10,000 to 30,000
  • $4 billion interagency plan that would provide aid to El Salvador, Guatemala and Honduras in effort to tackle the root causes of undocumented immigration: violence, poverty and corruption.

In analyzing the Biden immigration plan, Richard Herman, founder of the Herman Legal Group, states the following:

 “This plan represents a major pivot, away from nativism, division, and hatred, towards a more inclusive, humane, safe and economically vibrant America.”

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Contact Richard Herman for More Information: 1-216-696-6170

Atty Richard Herman

Founded in 1995, the Herman Legal Group focuses on immigration law, including family immigration, removal defense, employment-based immigration, investor immigration, asylum, immigration waivers. We are headquartered in Cleveland, Ohio, and have additional offices in Columbus, Columbus, Cincinnati, Dayton, Toledo, Detroit, Buffalo, Pittsburgh, Charlotte, Miami, and Dallas. We serve clients, in over 12 languages, in all 50 states

Richard Herman is one of the pioneers of the movement by Midwest cities to attract and welcome immigrants who can help grow the economy, create jobs and reverse progressive depopulation. Wish to find out more about Evolution casinos? Then look at this review. You will learn all advantages and disadvantages of Evolution Gaming games as well as platforms to play on.

He regularly advises cities and counties on innovative ways to leverage existing immigration law to create jobs and attract foreign direct investment.  Voted for inclusion in the 2015-2020 editions of The Best Lawyers in America© and listed in Super Lawyers© for more than fifteen consecutive years, Richard began his immigration law career by moving to Moscow, Russia in 1993, straight out of law school, to eventually open a law office two blocks from the Kremlin to represent post-Soviet entrepreneurs.

As an authority on U.S. immigration law and a provocateur for immigrant-friendly, pro-entrepreneur policies , Richard is often invited to strategize and deliver keynote addresses around the country, as he has often done for Michael Bloomberg and Rupert Murdoch’s Partnership for a New American Economy, chambers of commerce, universities and cities.

Known for his direct and sometimes controversial style, Richard has appeared in numerous national media outlets, including FOX News, National Public Radio, and has appeared in the New York Times, USA Today, BusinessWeek, Forbes, Inc., PC World, Computerworld, CIO, TechCrunch and InformationWeek. He is the co-author of the book, Immigrant, Inc.

Richard is married to Kimberly Chen, an immigrant from Taiwan who overcame her undocumented status to become an American physician. They live in the Cleveland area with their two children, whom they are raising to be citizens of the world.

Father of US Armed Forces Member Granted Stay of Removal in Appellate Court

Client: Family
Client’s Country of Origin: Mexico
Case Type: Removal and Parole In Place
Date of Application: August 2017
Date of Approval: December 2017

Our client retained Attorney Frank Krajenke of Herman Legal Group because he was facing removal proceedings. A native and citizen of Mexico, our client and entered the US in the 1990s. He is also a father of five, with the two elder children enrolled as US Armed Forces members, one of which is stationed overseas in Japan.

Our client was convicted of a removable offense and became subject to return to Mexico along with the custody of his younger children. Pending his removal, our client was concerned about finding new employment to support his family and the growth therapy necessary for his children if returned to his home country. Upon consulting us, Attorney Krajenke assisted in the following matter.

Krajenke aided in reopening the appeal and filed a Petition for Review for the court to review the Immigration Judge’s decision on removal. In addition, because our client is the father of active duty US military members, Krajenke noted that he may be eligible for “Parole in Place” (“PIP”). PIP is an immigration option for families of the US military to obtain an authorized stay. The policy also helps protect US-residing family members from deportation matters and may further enable persons for Adjustment of Status.

With the help of Herman Legal Group counsel, the US appellate court granted our client a Stay of Removal, an exceptional outcome for the matter. In the meantime, our counsel also assisted with filing a PIP application in order to gain our client’s protection from deportation.

While other issues of the case are still pending, the fact that the appellate court granted Stay of Removal and the Board of Immigration Appeals subsequently reopened the appeal is favorable for our client’s future status.

Citizen of Jordan Successfully Obtains Marriage Green Card

Client: Lawful Permanent Resident
Client’s Country of Origin: Jordan
Case Type: Marriage Green Card/Asylum
Date of Application: March 2016
Date of Approval: Month 2019

In 2016, our client, a citizen of Jordan, entered the US on a visitor visa for personal travel. Shortly afterward, he applied for asylum. During the waiting period of the asylum application, our client united in marriage with a US citizen, and Chief Paralegal Connie Cook of Herman Legal Group assisted with filing for a marriage green card application concurrently with closing the asylum case.

Cook’s tactic to immediately file for a marriage green card application and administratively close the asylum case was extremely beneficial for our client. Firstly, asylum applications and processing are largely more extensive.

The applicant must file lengthy documents, produce fingerprints, background screening, and attend interviews prior to determining asylum approval or denial. In the US, the average timeframe for an asylum application to decision takes six months; however, the USCIS previously stated that due to increased workload priority related to border enforcement, there have been scheduling delays for asylum interviews.

Due to the above circumstances, our client essentially waited on asylum approval for nearly three years. However, with Herman Legal Group counsel, our client’s marriage green card application was filed and approved this year within months.

Furthermore, the asylum interview was just scheduled this year, where Cook attended the interview with our client and administratively closed the case due to the pending marriage green card approval.

Armenian Tourist Receives F-1 Status after Untimely Service Adjudication Process

Client: Student
Client’s Country of Origin: Armenia
Case Type: I-539; Application to Extend/Change Nonimmigrant Status

While hundreds of applications and thousands of paperwork are filed to the USCIS, it is foreseeable that mistakes or errors may occur from time to time. However, this oversight does not condone putting petitioners at fault for circumstances beyond their control. Our client, a citizen of Armenia, came to the US on a tourist visa. During her visit, she became interested in pursuing an American education. In order to do so, her first step would be to obtain an F-1 student visa. Generally, an immigrant would need to return to their home country’s embassy and apply for a visa there; however, an immigrant with lawful status within the US may file an I-539 Application to Extend/Change Nonimmigrant status if he or she meets the requirements.

In general, it may take months to change to a student visa. During the time that the USCIS is adjudicating the immigrant’s application, he or she cannot go to school in the meantime. If any delays occur, the immigrant’s lawful status is at risk of expiring prior to his or her application’s approval. Subsequently, delays cause further issues with the Service, the immigrant, and the school.

In this case, our client filed her application for a student visa during her B-1 tourist status. The university program she was admitted to record that the original start date for classes was within 30 days of termination of her B-1 status.

Due to delays with the Service evaluating her application, without her knowledge, the university deferred the start date by nearly half a year. This caused the Service to deny her application in light of her B-1 status expiration to occur prior to the program’s start date, which deemed our client ineligible to request a change of status.

Our client did not understand why she received denial—she had met all the requirements and produced all necessary documents in order to change to student status and begin her education. Wanting to give up, she approached Attorney Richard Herman seeking advice.

First, Attorney Herman assisted in filing a second application. Additional filings are necessary to provide “bridge” status for the immigrant during the USCIS adjudication process, that way our client would not (1) risk expiration of status; and (2) lose her eligibility for a student visa. Second, Attorney Herman filed to reconsider our client’s denial based on USCIS error. The Service had based its denial on grounds that our client had not provided facts or reasoning in order to reconsider her change of status. However, our client attached many exhibits to the original application.

Therefore, counsel argued that not only did the Service error in misplacing those documents when issuing a denial but also the Service never requested further evidence from our client in order to fairly consider her application.

Attorney Herman provided substantial evidence to display that our client should not be at fault due to the Service’s untimely adjudication of her original application and based on the fact that proper evidence was supplied at the time of the initial decision. After many hurdles and drawn-out patience, our client was finally issued an approval notice to change to F-1 student status. Soon later, she began her American dream.

Unlawful Entry Waived for Client’s Permanent Residency Approval

Client: Family
Client’s Country of Origin: Guatemala
Case Type: I-601A Waiver
Date of Application: Month 2015
Date of Approval: Month 2017

Chief Paralegal Connie Cook of Herman Legal Group assisted our client in the process of visa application. Our client entered the US from Guatemala without inspection for personal travel. During his time in the US, our client connected with a friend established a long-term relationship, and the two became parents to a US-born child.

Following this relationship, his partner sponsored him in filing an I-130 Petition in order to apply for US lawful permanent resident status. However, because our client held an unlawful presence in the country, the process to obtain a visa would become more challenging.

Cook assisted our client in filing an I-601A waiver after the sponsored petition was granted. An I-601A waiver is when the federal government excuses the applicant’s immigration violation under its discretion.

Here, if granted, the waiver would assist with excusing our client’s unlawful presence in the country and allow him to adjust his status. With the assistance of Herman Legal Group counsel, our client’s waiver was accepted for consideration by the Immigration Visa Office in the applicant’s home country.

Our client was then required to return to Guatemala for the interview where he would be considered for waiver. Although not required, our client’s partner insisted on attending the interview with him for support. In conclusion, the Immigration Visa Office decided to approve the I-601A waiver and grant our client his visa allowing him to enter back into the US as a lawful permanent resident.

Military Spouse Cures Unlawful Entry through Parole-in-Place

Client: Immediate Family Member of US Military
Client’s Country of Origin: Mexico
Case Type: Parole-in-Place; I-131 Application for Travel Document

Our client approached Attorney Richard Herman of Herman Legal Group while seeking to obtain lawful status. Based on her background, this goal would be limited and difficult to achieve. Our client, a native of Mexico, originally came to the US as an undocumented minor.

By law, if you enter the States illegally, you cannot adjust your status for lawful permanent residence. Due to these circumstances, our client’s options were to either stay in the US undocumented and at high risk of deportation or leave the country for an extended period of time while applying for a waiver.

Our client’s husband, however, is a US citizen who served in the Navy for five years. During his time of active duty, he received many awards and commendations from Navy officers of higher rankings.

Once he was honorably discharged, he returned to his home in Ohio to live with his stay-at-home wife and their US-born son. Based on his former US military status, Attorney Herman assisted in the preparation of the husband’s sponsorship for his wife, as she is deemed eligible to apply for the Parole in Place program (“PIP”).

PIP is a discretionary option in which an immediate family member of an individual who is or was a member of the US armed forces may be granted lawful residence in 1-year increments. In this case, our client would benefit from PIP as the unlawful entry into the US is not a factor in the USCIS adjudication of applications. If granted PIP status, it would essentially allow our client to live a normal life outside the shadows—it would remove our client’s inadmissibility factor and deem her eligible to adjust her status giving her work and travel authorization.

Our client stressed that she lives in fear every day. Fearing that ICE would one day find her and take her away, she limited attending family outings and even leaving the house in order to avoid any issues. She couldn’t drive her son to school or medical appointments without a license and felt that her hidden status burdens her family.

In order to receive her best chances of obtaining status, Attorney Herman strategized in preparing an application that stressed the most important facts. First, our client proves that she is a person of good moral character.

While she unlawfully entered the country, she was brought to the US as a young child. She is unfamiliar with Mexico and only remembers the hardships that her family went through in order to survive and find opportunity in America. In addition, she has no criminal arrests or convictions.

Although a stay-at-home mother, our client’s husband provides that she served as “his rock” through hard times on the naval ship and supported him during three deployments. In addition, counsel provided evidence of extreme hardship if our client were to be deported.

Our client’s husband stressed that although he brings in the income, our client overall takes care of the family. She handles the finances, takes care of school and medical scheduling, and all paperwork that comes with it. If deported, our client’s family would have to go with her, leaving them subject to not receiving proper education and medication necessary to their specific disabilities and health issues.

Under these circumstances, our client’s PIP application was quickly granted. She was happy and relieved with the outcome in the sense that she may now live with her family without risk. The overall process took under two years, and our client is now able to adjust her status.

Pending Asylum Applicant Receives Quick Marriage Visa Approval

Client: Family
Client’s Country of Origin: Burkina Faso
Case Type: I-485 Application for Marriage Visa/Asylum
Date of Application: October 2018
Date of Approval: June 2019

Our client, a citizen of Burkina Faso, came to the US originally seeking asylum. During his time in the states, he obtained work and delivered medication to pharmacies around town. While on the job, he met a woman technician and became drawn to her. Soon later, they began talking and started a relationship, and eventually, the technician became his wife.

Once the two united in marriage, our client considered applying for a marriage green card. However, he was still on pending asylum status. Our client retained Herman Legal Group counsel to receive guidance on what steps to take in order to obtain lawful permanent residency as quickly and efficiently as possible. Attorney Erin James assisted with the foregoing matter.

Because asylum cases may take months to years before an interview date is assigned, Attorney James knew how to stagger the process. She helped our client file an I-485 application for a marriage visa and informed a couple of the interview process.

The asylum interview was scheduled first. Attorney James attended that interview with our client, along with the letter stating that the client has a pending marriage green card application, and requested to administratively close the asylum case, which was closed that day.

In light of concerns of marriage fraud, the USCIS conducts strict interviews seeking answers in specificity and unanimity. At our client’s interview, complications arose. Due to a language barrier, our client could not comprehend all questions posed by the officer. As a result, our client was not providing concrete answers. The interview became tough as the officer grew frustrated, impatient, and began searching for flaws in the marriage.

In the end, our client relieved the tension and told authentic stories about the marriage that eventually got the officer enjoying them. Within a few days, the couple was approved for a marriage visa.

Our client and his wife were very happy about the outcome.

Marriage While Asylum Case Is Pending: What You Should Know

Navigating immigration processes can be stressful, especially when personal life events intersect with legal matters. One situation many applicants face is marriage while an asylum case is pending. Understandably, people wonder how marriage might affect their asylum application, immigration status, or future opportunities in the United States. While every case is unique, understanding the general rules and possibilities can help applicants make informed decisions and avoid unnecessary complications.

Can You Get Married While an Asylum Case Is Pending?

Yes, you can legally marry while your asylum case is pending. Being in the asylum process does not prevent someone from getting married in the United States, as long as the marriage complies with state laws. Marriage is considered a personal and legal decision that does not automatically interfere with your right to pursue asylum.

However, the immigration consequences of marriage depend largely on who you marry and what your immigration goals are moving forward. For example, marrying a U.S. citizen may open different pathways than marrying someone who also has temporary or uncertain immigration status.

Marriage to a U.S. Citizen During a Pending Asylum Case

One of the most common situations involves asylum applicants marrying U.S. citizens. In this scenario, the U.S. citizen spouse may file a family-based immigration petition on behalf of the asylum seeker.

If the petition is approved, the asylum applicant may become eligible to apply for adjustment of status to obtain lawful permanent residence (a green card). In some cases, applicants choose to continue their asylum case while pursuing the marriage-based green card process. Others may decide to withdraw the asylum application if the family-based pathway becomes viable.

It is important to understand that immigration authorities will closely examine the marriage to ensure it is genuine. Couples are usually required to provide documentation proving that the relationship is legitimate, such as shared financial records, photographs, and proof of living together.

Marriage to Someone Who Is Also an Asylum Applicant

Another possibility is marriage between two individuals who both have pending asylum applications. In this situation, the marriage itself does not typically change the status of either case. Each applicant’s asylum claim will continue to be evaluated individually based on the evidence and circumstances presented.

However, in certain cases, one spouse may be able to be added as a derivative beneficiary to the other spouse’s asylum case if the marriage occurred before the asylum decision is finalized. If the principal applicant is eventually granted asylum, the spouse included in the case may also receive asylum status.

Because timing can be important, couples in this situation should understand the relevant rules before making changes to their applications.

How Marriage Can Affect an Asylum Application

Marriage does not automatically harm an asylum claim, but it may raise questions about the applicant’s intentions or immigration plans. Immigration officers may review whether the marriage affects the applicant’s eligibility for asylum or whether the relationship appears to be primarily for immigration benefits.

For example, if an asylum applicant suddenly abandons their claim after marriage to pursue a different immigration pathway, officers may review the timeline carefully. Transparency and proper documentation are important to avoid misunderstandings during the process.

In addition, applicants should always notify immigration authorities of significant life changes when required, including changes in marital status. Keeping records accurate and updated helps prevent delays or complications later.

Why Legal Guidance Matters

Because immigration law is complex, marriage while an asylum case is pending can create legal scenarios that vary depending on personal circumstances. Factors such as entry history, immigration status of the spouse, and the stage of the asylum process can all influence the available options.

Consulting an experienced immigration attorney can help applicants understand whether continuing the asylum case, pursuing family-based immigration, or combining both strategies is the best approach. Professional guidance can also help ensure all paperwork is filed correctly and deadlines are met.

Final Thoughts

Marriage is an important life decision, and it does not have to be postponed simply because an asylum application is in progress. In most cases, individuals are free to marry while their asylum case is pending. However, the immigration consequences depend on the details of the situation and the long-term plans of the couple.

Understanding how marriage while an asylum case is pending may affect immigration options can help applicants move forward with clarity. By staying informed, maintaining proper documentation, and seeking legal advice when needed, couples can navigate both their personal and immigration journeys more confidently.

K-1: Meeting In-Person Rule

If you are a U.S. citizen who decided to move forward with filing a K-1 fiancé(e) visa for your loved one, there are some eligibility requirements for a fiancé(e) K-1 visa that you have to meet. Here we will talk about the “two-year rule.”

A K-1 fiancé(e) visa will allow the person you plan to marry to come to the United States so you can organize your wedding there.

To apply for a fiancé(e) visa, you must be a U.S. citizen, you both fiancé(e) have to be legally eligible to marry, and you must intend to marry your fiancé(e) within 90 days of upon arrival in the United States.

But, if, for example, you met online, there is the part of the requirements that can cause particular problems. I.N.A. 214(d) imposes the rule that the United States Citizenship and Immigration Services enforces. rule states as the U.S. citizen (the “petitioner”) and your overseas fiancé(e) (the “beneficiary”), you need to have met in person sometime within the last two years. Keep a close eye on the calendar.

This waiver will be available only in limited circumstances.

Where Can You Meet?

Many couples may choose to visit the beneficiary’s home country, but this is not necessary. You and your fiancé(e) can meet at any place you want, no matter if this is the home country, or you went traveling together anywhere in the world.

However, it would be best if you were careful suggesting your foreign fiancé(e) to visit you in the United States. This visit bears the potential risk of denying their entry or alleging fraud without proof for lack of nonimmigrant intent.

How To Prove That You Met In Person?

To show that you and your fiancé(e) really met, you must include certain evidence. This usually includes:

  • passport stamps- to show that you entered and exited the country where you met
  • boarding passes copies, travel itineraries, receipts for plane tickets
  • photographs of you and your fiancé(e) together from the trip or the meeting.
    This list is not exhaustive, so be free to include as much of such documentation as you can provide, but bear in mind, that passport stamps carry the most weight so make sure to include it.

If you cannot demonstrate that you two met in person within the appropriate time period, USCIS will deny your application for a fiance K-1 visa at the very beginning of the process. Sometimes, petitioners can get to the interview stage at the U.S. embassy or consulate and after it receives a denial or an administrative processing notice, which will likewise ultimately lead to a denial.

When the Waiver of Meeting Requirement is Available?

Couples are able to get a waiver of the two-year meeting requirement in limited and rare situations.

Under 8 C.F.R. § 214.2(k)(2), waivers are available in cases where complying with the meeting requirement would either:

  • result in extreme hardship to the petitioner: Typically, the only time the USCIS will approve an extreme hardship waiver is where the petitioner was absolutely unable to travel anywhere. The reason must be firm such as severe illness or permanent physical disability, so to prove this, you should submit substantial medical documentation.
  • violate strict and long-established customs of the foreign culture or social practice (traditionally arranged marriages): since most cultures do allow some level of an in-person meeting between the potential bride and groom, this requirement is also hard to meet.

Besides, hard-to-get characteristics, seeking the waiver will also take much time. The process is long, and even if you have a strong case, USCIS may deny your application, forcing you to appeal and making the process even longer.

K-3 Visa: Are There Any Benefits?

Spouses of U.S. citizens who obtained a K-3 visa can enter the United States in a nonimmigrant visa category, and at the same time, they wait to be able to apply for lawful permanent residence status. This is why it is usually used as one of the strategies to quicken the process of obtaining the CR-1.

To apply for this type of visa, K-3 visa, as for any other categories, there are certain requirements that you have to meet. Firstly, you have to be legally married to a U.S. citizen. This means that you can provide a marriage certificate as proof.

Then, you have to possess a family-based I-130 immigration petition filed by your spouse, who is a U.S. citizen. So, the petitioner does not submit this form by the beneficiary on the petitioner’s behalf. A third requirement is a fact that you seek to enter the United States to await your green card petition’s approval and subsequent lawful permanent resident status.

In 2019, the USCIS only issued a total of five K-3 visas, illustrating how rare it is for couples to choose this option. Still, it has certain benefits why so many people choose it.

Compared to marriage-based immigration visas, the K3 visas generally have shorter waiting periods. On average, it takes about 6 to 9 months, which is similar to the period that it takes USCIS to approve the marriage green card application.

If you are issued with the K-3 visa, you can apply for a work permit. You can do this by submitting Form I-765 and engage in employment when the EAD has been issued. As a K-3 visa holder, you may accept employment in the United States by obtaining an Employment Authorization Document. This step is crucial as you may not begin any employment in the United States until the EAD is issued.

If you have children who are under 21 years old, they can also accompany you to the United States. Your children will not use the K-3 visa, but they will be on the K-4 dependent visa and named in your visa petition. They may also be eligible to get employed during their stay in the U.S.

So, how can you apply?

As we mentioned earlier, your spouse, who is a U.S. citizen, has to file an I-130 form on your behalf. Afterward, he or she will receive Form I-797, Notice of Action.

This form indicates the USCIS has received the Form I-130 and that your spouse should file a Form I-129F on your behalf. It is important here not to forget to attach a copy of this Form I-797 with this package.

Upon approval, USCIS will forward the Form I-129F to the National Visa Center (NVC). The next step in processing forwarding application to the appropriate American Consulate so that you can apply for the K3 visa

While you wait for the approval of Form I-130, you can remain in the United States. Moreover, you will be able to apply for lawful permanent residence status (adjustment of status) instead of having to wait outside the United States as the law previously required. Are you looking for the best paying casino websites? Check out https://fancasinos.org/best-payout-online-casino/ and find the highest payout casinos. These websites give a big RTP, and they accept people from all countries, so being an immigrant won’t be a problem.