Posts by hykellaw

If you want to sponsor an employee for an employment-based green card, you must complete the permanent labor certification (PERM) process. Frankly, the process is a mess, and it’s easy to get wrong.  Here are a few pitfalls to know about. Misunderstanding the Timeline The Department of Labor says PERM applications should be resolved in…

If you want to apply for asylum in the United States, you’ll have to go through a credible fear hearing. You may also hear this hearing referred to as a reasonable fear hearing. You cannot even fill out an asylum application until you go through this interview. Asylum officers ask specific questions during these interviews.…

A green card is a permanent residency card. It gives you the right to live, work, and study in the United States indefinitely. A visa is a short-term document that permits you to remain in the United States for a specified period of time. Do you have to get a visa to get a green…

A “Stokes” interview happens when USCIS believes you and your spouse are attempting marriage fraud for the purposes of obtaining an immigration benefit. Each spouse is called into a separate interview room and is subjected to questions to determine whether the couple is truly married. Many of these questions are about obscure pieces of information,…

If you are planning to file an Application for Naturalization soon, USCIS has some good news for you. You’ll save a lot of time obtaining vital documentation, namely your Social Security card. Updating or receiving a Social Security Number (SSN) and card will be much easier. USCIS is also making it easier for you to…

Do you wish to work in the United States for a limited period of time before returning to your home country? If so, the O-1 visa might be right for you. This visa is designed for individuals with “extraordinary” abilities in the sciences, arts, education, business, film, or athletics. STEM workers, in particular, are often…

If you dream of United States citizenship, it may shock you to realize that there are some risks to applying. It’s important to realize what you are doing when you attempt to adjust your status from “permanent residency” to “US Citizen.” This post is not to discourage you from attempting to become a citizen. It…

EB-4 visas are fourth-preference employment-based visas available to certain special classes of workers. You must have an employer to take advantage of this type of visa, but whether you petition for yourself or your employer petitions for you depends on what kind of subcategory of eligibility you fall into. The petitioner files Form I-360 to…

Suppose you are a non-citizen and were abused by a relative who is a US citizen or lawful permanent resident. In that case, you gain the right to self-petition for immigrant classification.  Under the VAWA visa program, you do not need the abuser to sponsor you, and you do not need their consent. The abuser…

Foreign exchange programs allow a certain number of pre-approved visitors to visit the United States, even as a visitor from the United States visits another participating country. Foreign exchange participants must seek a J-1 visa. A J-1 visa is the appropriate visa for an individual participating in a work or student exchange program. You must…