Does USCIS reject your green card application if they see the tax returns for a self-employment case for which you were not authorized to work with F1 visa?
First of all, it’s good that you filed tax returns because tax law requires anyone who has more than a certain level of income to file (and depending on the calculation, pay) taxes, regardless of whether you were authorized to work. So you must have filed taxes or you would have been evading taxes.IRS does not disclose your tax returns to other agencies unless you are suspected of a crime, which unauthorized employment is not. But the issue isn’t USCIS “seeing tax returns” or “finding out” that you did unauthorized work — rather, you are the one who will disclose it, because all the application forms for permanent residency ask you whether you violated status and whether you did unauthorized work, and you must answer honestly or you would be committing immigration fraud, which is one of the worst things you can do in terms of immigration consequences.Whether an application is approved or denied is determined by rules set in the law and regulations. So the question is whether the law says that one is eligible for green card when there is past unauthorized employment. There are two paths to get a green card.If you are doing Adjustment of Status in the US, the law says that you are not eligible for Adjustment of Status if you have ever been out of status or been doing unauthorized work, with certain exceptions, including if you are in the Immediate Relative category (spouse, unmarried under-21 child, or parent of US citizen), in which case having been out of status or unauthorized work don’t matter, or, if you are in an employment-based category, then having been out of status or unauthorized work don’t matter if you have had less than 180 days of being out of status or unauthorized work since the most recent entry.If you are doing Consular Processing abroad (which by the way is handled by a US consulate which is part of the Department of State, not USCIS), unauthorized work does not have any effect. In particular there is no ban (inadmissibility) in the law for having done unauthorized work in the past.
Can US citizen take away someone Green card status?
No!! The permanent residency is just that PERMANENT. After the first 2 years on conditional residency your status can not be taken away unless you give it up or leave the country for a long time without good reason. Even if you divorce during the first 2 years you can usually retain you residency as long as there is no indication that the marriage was solely to get a greencard.
I'm in the US with an H1B. I need a green card to get into the lung transplant waiting list. what can I do?
I need to know what my best options are in getting a Green Card immediately because I need to get into the lung transplant waiting list. My doctor requires that I have a Green Card to be in a good position on the list. Here is my status: I was on OPT since July of last year, and I just received my H1-B visa this year through my sponsoring employer. The H1-B is good for 3 years I believe. My employer also agreed to sponsor me in filing my green card application through PERM, which is what I intent to do. However, we ran into some issues that in order to get qualified for category EB3, the company lawyer said I would have to have more experience on my field (IT) or a Masters degree, which would take even longer to attain. I have a fiance who was just got approved for a green card and is just waiting for his permanent residency card. Time is of essence here, and I need to get a GC asap. Is there a visa specially for my case? If not, what do you suggest that I do?
How can someone with a B1/B2 visa get a US green card?
It is theoretically possible to adjust status from B-1/B-2 to permanent resident, if you are admissible as a PR, but in practice this almost never works.When you apply for a B-1/B-2 visa, and again when you enter the country, you are asserting that you are not entering with the intention to immigrate to the United States. If you then, shortly thereafter, attempt to adjust status to an immigrant status, USCIS will conclude that you were foresworn on your original B-1/B-2 visa application and that you really intended to immigrate all along. They will thus revoke your visitor's visa, and use your false declaration to justify denying your adjustment of status as well. This applies to most of the immigrant visa classes.There are a few exceptions to this. For example, if you have a pending petition in the diversity lottery and you are notified while you are in the United States on a visitor's visa that you've won the diversity lottery, you can apply to adjust status without leaving the United States and without violating the "no immigrant intent" rule. There is a guideline that having an outstanding application in the diversity lottery does not demonstrate proven immigrant intent, because the chances of actually winning the lottery are fairly low. The same applies if you have a pending noncurrent petition for a green card in an oversubscribed priority class that is unlikely to be granted soon. If, for some reason, such a petition is rapidly advanced and becomes current while you are in the country in a visitor status, you can apply for adjustment of status on the basis of that petition. This would, however, be an exceptional situation. In both such cases, the petition would have had to have been filed before applying for the visitor visa.Also, if you've been in the United States more than three months and your basis for applying is because you plan to marry, or have already married, a US citizen and you can convince USCIS that you didn't have plans to get married when you entered the country, you might be able to adjust status to a fiancee visa or conditional LPR (spouse of citizen). Might. Don't count on it.The other exception is that you can apply for asylum while present on a B-1 or B-2 visa, if you've been in the United States for less than a year. A grant of asylum status will lead to the opportunity to apply for permanent residence after one year.
Applying for a Green Card for Parents?
Get a Green Card While Inside the United States If you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps. Step One – Your U.S. citizen family member (sponsor) must file the Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. citizen relative. For more information on priority dates, see the “Visa Availability & Priority Dates” link to the left under “Green Card Processes & Procedures.” Step Two – Once the priority date in your visa category is current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of Status is the process you go through to become a Permanent Resident. For more information, see the “Adjustment of Status” link to the left under “Green Card Processes & Procedures.” Get a Green Card While Outside the United States If you are currently outside the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you can become a permanent resident through consular processing. Consular processing is when we work with the U.S. Department of State to issue a visa on an approved Form I-130 petition when a visa is available. In this process the Department of State will issue you a visa. If approved, you may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. For information on consular processing see the link to the left under “Green Card Processes & Procedures.”
Applying for a greencard through marriage to US citizen?
Just file the following. "Who Qualifies: Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally with a visa or a visa waiver. It is OK if the visa or I-94 has expired. Canadian Citizens do NOT need to show proof of entry (visa or visa waiver). An Overview of the Process: Once the marriage has taken place, the couple files the following with USCIS: 1. Petition for Alien Relative (USCIS Form I-130) 2. Application to Register Permanent Residence (USCIS Form I-485) 3. Biographic Information (USCIS Form G-325A) 4. Affidavit of Support (USCIS Form I-864) 5. Permission for Work Authorization (Optional) (USCIS Form I-765) 6. Medical Examination Results (USCIS Form I-693) 7. Request for Travel Documents (Optional) (USCIS Form I-131) 8. The appropriate supporting documents 9. The USCIS filing fees ($1,010 to $1,365). The USCIS will contact you first regarding the Biometrics / Fingerprinting Appointment. The USCIS will then issue the work authorization and permission to travel approximately 90 days after filing. The USCIS will contact you next to schedule an interview. This will be anywhere from 6 months to 9 months after filing the initial application. Following a successful interview, the foreign national spouse will receive a stamp classifying him/her as a Conditional Permanent Resident. USCIS will mail the Permanent Resident Card (Green Card) approx 4-8 weeks after the successful interview. The Conditional Status may be dropped by applying for Removal of Conditional Status (USCIS Form I-751) within 90 days of the 2 year anniversary of the granting of Conditional Permanent Residency."