FAQs

Our attorneys at Ventresca & Ventresca, LLP are capable of handling federal law matters across state lines, as these are not confined to specific state jurisdictions.

Certainly, all attorneys at our firm maintain proper licensing and insurance coverage.

Indeed, we provide complimentary initial consultations. We encourage you to reach out to us to schedule one at your earliest convenience.

There are several avenues to pursue a green card without employer sponsorship. These include family-based petitions, the diversity visa lottery, asylum or refugee status, investment-based programs like EB-5, special immigrant categories, self-petition options such as EB-1A or national interest waivers, and provisions under the Violence Against Women Act. Each pathway has specific eligibility criteria and requirements.

The visa bulletin, published monthly by the U.S. Department of State, indicates immigrant visa number availability based on category and country of chargeability. It uses priority dates, which are established when an immigrant petition is filed, to determine when applicants can proceed with their green card applications. The bulletin includes final action dates and dates for filing, which guide when visas are available and when documentation can be submitted, respectively.

If you change H-1B employers and travel internationally, you may re-enter the U.S. using your existing valid H-1B visa stamp. However, you must carry your new I-797 approval notice and a letter from your current employer confirming your employment, along with recent pay stubs if applicable.

A U.S. citizen child who is at least 21 years old can indeed sponsor their parent for a green card. As the parent of a U.S. citizen, you would qualify as an immediate relative, which means there's no annual cap on available green cards in this category. The process typically involves filing Form I-130 and subsequently applying for permanent residency, either through adjustment of status or consular processing, depending on your location.

A national interest waiver (NIW) allows certain individuals to apply for a green card without employer sponsorship or labor certification. Eligibility requires an advanced degree or exceptional ability, work in an area of national importance, and demonstrating that waiving the labor certification requirement is in the national interest. If you have an approved NIW, you can change employers without negatively impacting your green card application, provided your new role continues to align with the national interest criteria outlined in your petition.

Departing the U.S. while your H-1B petition is pending may result in the abandonment of your petition, particularly if a change of status or extension of status is involved. If travel is necessary or urgent, consider utilizing premium processing to ensure your petition is adjudicated before your departure.

As of November 22, 2024, U.S. Citizenship and Immigration Services (USCIS) is still accepting Parole in Place (PIP) applications for immediate family members of U.S. military personnel, including active-duty members, reservists, and veterans. This program allows eligible individuals present in the U.S. without lawful status to obtain temporary legal authorization to remain in the country, aiding their ability to adjust their status without leaving. Immediate family members—spouses, parents, and unmarried children under 21—may qualify for PIP. Applicants must submit Form I-131 along with supporting evidence of the family relationship and the service member's military status, with detailed instructions available on the USCIS website. In August 2024, USCIS launched the "Keeping Families Together" initiative to expand parole options to certain noncitizen spouses and stepchildren of U.S. citizens. However, this initiative faced legal challenges, and on November 7, 2024, a federal court blocked the program, prompting USCIS to stop processing applications under it. This injunction does not impact the established PIP program for military families.

Temporary Protected Status (TPS) is a U.S. humanitarian immigration program that allows individuals from designated countries to remain temporarily in the United States when returning home is unsafe or impractical. TPS is granted by the Department of Homeland Security (DHS) based on specific conditions in the individual’s home country. Eligibility for TPS is limited to nationals of designated countries or individuals without nationality who last resided in those countries, requiring continuous residence and physical presence in the U.S. since the designation date. Applicants must apply during the designated registration period and must not have certain criminal convictions that would make them inadmissible under U.S. immigration laws. Countries are designated for TPS due to armed conflict, natural disasters, or other extraordinary temporary conditions that impede safe return. TPS provides protection from deportation, work authorization through an Employment Authorization Document (EAD), and the option to apply for advance parole to travel abroad temporarily. However, TPS does not lead directly to a green card or citizenship, and beneficiaries must return to their previous immigration status or leave the U.S. once TPS ends. The list of TPS-designated countries, which includes Haiti, Venezuela, Afghanistan, El Salvador, Sudan, and Ukraine, is regularly updated by DHS based on changing conditions.