Articles Posted in Green Card Based on U Visa

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Are you a green card applicant filing Form I-485 Adjustment of Status? Have you ever wondered when you should complete your medical examination? If so, this is the right video for you. This has been a point of contention for many years. Many applicants have been left wondering, is it better to file the medical exam with the adjustment of status application, or should the medical exam be brought to the interview? In this video, attorney Jacob Sapochnick tells you all you need to know about this important topic.

Did you know? Due to COVID-19 related processing delays, the U.S. Citizenship and Immigration Services extended the validity period of Form I-693 Report of Medical Examination, from 2 years to now 4 years for those who meet certain requirements. As of August 12, 2021, USCIS will consider a Form I-693 valid if: (1) the civil surgeon’s signature is dated no more than 60 days before the applicant files Form I-693 (2) no more than four years have passed since the date of the civil surgeon’s signature; and (3) a decision on the applicant’s Form I-485 is issued on or before September 30, 2021. Otherwise, the medical exam is valid for 2 years.

Want to know more? Just keep on watching.

Overview

The green card medical examination is a fundamental step in the immigration process for all applicants seeking permanent residency in the United States. The medical exam, must be completed by a U.S. civil surgeon, meaning a doctor who is authorized by U.S. Citizenship and Immigration Services (USCIS) to perform medical examinations for green card applicants. Not all physicians will be eligible to complete the medical exam. You can find an authorized doctor by visiting the USCIS webpage here.

During your exam

The medical examination consists of a review of your medical history and a physical examination. As part of the exam, the doctor will test for communicable diseases such as tuberculosis, syphilis, and gonorrhea, test for drugs and alcohol, and other diseases and illnesses.

Once the exam is complete, the doctor will sign and complete the Form I-693 and seal the form in an envelope for you to submit to USCIS. You must ensure that the doctor provides you a sealed envelope containing their report. The envelope cannot be opened or altered.

What is the purpose of the medical exam?

The medical examination is required for any applicant filing for adjustment of status to establish that the applicant is not inadmissible to the United States on public health-related grounds. This means that applicants must be screened to ensure that they do not have any health conditions that could make them ineligible for the green card. Failure to provide an adequate medical examination could result in processing delays, and in some cases a denial of the green card application.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. We hope you spent a wonderful Thanksgiving holiday with your loved ones. We are grateful for all our viewers and the support you give us on this platform. We thank you for your trust and support.

In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: I have a green card, why should I become a U.S. Citizen? In this blog post, you will find out what your rights are as a permanent resident versus a U.S. Citizen, and some of the key advantages you have as a U.S. Citizen.

Keep on watching to find out more.

Overview

What is the difference between having a green card and U.S. Citizenship?

First, let’s discuss the basics. When a person wants to immigrate to the United States permanently, the first step is to apply for a green card (also known as permanent residence). There are various different ways a person can qualify for a green card. The most common avenues to obtain a green card are family sponsorship through a qualifying relative (U.S. Citizen or LPR spouse, child, parent, or sibling) or employment-based sponsorship, where an individual will first obtain a work visa based on a job offer and then become eligible to apply for permanent residence through their employer. There are also other special categories of immigrants such as asylum seekers, Violence Against Women Act (VAWA) victims of domestic violence, diversity visa lottery winners, and many others who also qualify for a green card. There also green card avenues for individuals of exceptional ability (EB-1), those whose employment is in the national interest (EB-2), and EB-5 immigrant investors who invest at least half a million dollars in a new business enterprise or Regional Center project. While there are many ways to obtain a green card, the ultimate goal is to obtain permanent residency.

Once a person has obtained a green card, typically that person must wait a number of years before being eligible to apply for U.S. Citizenship. For instance, those who obtained their green card based on marriage to a U.S. Citizen and continue to remain married, must wait 3 years from the date they became a permanent residence to apply for citizenship. All others must wait 5 years from the date they became a permanent resident to become eligible to apply for U.S. Citizenship.

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In this segment, attorney Jacob J. Sapochnick discusses common reasons for green card denials. To read more about family-based green cards please click here. For information about employment-based green cards click here.

Overview:

There are generally two ways to apply for a permanent resident green card 1. through a qualifying family relationship and 2. through employment. Please note that special categories of green card applicants exist beyond these two options including obtaining a green card through 245i, the diversity immigrant visa program , the Violence Against Women Act (VAWA), Asylum, and based on a U visa.

There are several reasons a green card application may be denied which may include, but is not limited to the following: health, criminal, and security related issues, failure to demonstrate that the applicant will not become a public charge, failure to respond to a request for evidence by the required deadline, prior immigration violations, inability to meet the requirements for a green card, and not showing up to required immigration appointments.

If your green card application has been denied, you may be able to rescue your application by filing a motion to reopen. To assess your specific case please contact us for a consultation.

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