Visa Related Services

Klarfeld Law Offices can assist you with additional visa and immigration issues including among others things:

  • Adjustment of Status in the U.S. (changing the purpose of your visit)

  • Under certain circumstances, a visitor may enter the United States for one purpose and later have a change in plans that warrant an Application to the USCIS for a change of travel purpose.  Generally an Adjustment of Status might be relevant to someone who entered the United States on a Temporary Visa but wishes to change his or her status to that of an Immigrant, based on an Approved Immigrant Visa Petition. If a non-immigrant has an Immigrant Visa Number immediately available and if the non-immigrant has not overstayed the time limit of an entry permit, then he or she may apply to the USCIS for a Change of Status.  It is important to note that a visitor must not misrepresent his or her intent upon entering the U.S. Misrepresenting the purpose of a visit can render a person ineligible to remain in the U.S. or to enter the U.S., in the future, possibly permanently.  When contemplating a change from one Temporary Category to another, the Applicant should bear in mind that although he or she might receive Approval for a different purpose/category than originally declared upon entry,  the Approval Notice will not serve as a Visa.  In such case, if he or she departs the U.S., a new pertinent visa will be required before entering the U.S. to resume status in the new category.  There is no guarantee that a U.S. Consulate abroad will approve the new visa – after the Applicant has changed status in the U.S. first.  It is also possible that when the Visa Application is denied, the previous Temporary Visa will be revoked at the same time.
  • Extending a visit in the U.S.

  • If you have a good reason for requesting an extension to your visit to the U.S., you may apply to the USCIS for an extension of the time permitted to remain in the U.S.  Bear in mind that after extending a visit to the U.S., it may difficult to reenter the Unted States after a short sojourn abroad, as your visitor intent will almost definitely be called into question. The consequences of being perceived as an intending immigrant without the correlating visa could be a denied entry and expedited removal – which will make it very difficult to obtain a visa in the future (if at all).
  • Removing the Conditions of a Temporary Green Card

    Conditional Residency Green Cards issued to the Spouses of U.S. Citizens who are married for less than two years upon obtaining a Green Card based on their marriage.  USCIS requires that Conditional Residents apply for a new Permanent Residency (Permanent Green Card) before the Conditional Residency expires.  Generally, the procedure requires that a Form be signed and filed with supporting evidence by both the U.S. Citizen and his/her Conditional Resident Spouse.  An interview is generally scheduled so that the USCIS can review the relationship and confirm that it is a bona fide marriage.

  • Re-Entry Permits

  • Legal Permanent Residents (LPRs) are presumed to reside inside of the United States.  This presumption however can be rebutted and if a Green Card holder remains outside of the U.S. for a period of more than one year the LPR will be presumed to have abandoned his or her Residency, unless having first obtained a Re-Entry Permit.  An LPR who needs to travel abroad extensively, or remain abroad for an extended periods of time, can apply for a Re-Entry Permit that will allow extended absences from the U.S. of up to two years.  Once approved, the LPR can enter or not enter the U.S. as necessary without inviting uncomfortable questioning from the Immigration Officer upon entering the U.S.
  • Returning Resident Petitions

    LPRs who, for reasons beyond their control, have remained outside of the United States for a period of more than one year (but less than two years) without having first obtained a Re-Entry Permit , or who have been outside of the U.S. beyond the validity date of a Re-Entry Permit, may apply to a U.S. Consulate for a Returning Resident Visa.  If the Consulate approves the Application the Returning Resident will be required to submit Immigrant Visa documentation, attend a Visa Immigration Interview, and undergo a new Physical Examination before an Immigrant Visa can be issued in this category.

  • Advance Parole

  • Advance Parole is generally applied for when an Application for Adjustment of Status is pending and the intending Immigrant needs to travel abroad before the Application is approved.  Advance Parole does not guarantee reentry into the United States and Applicants who have Overstayed their Entry Permits to the U.S. by more than 180 day, or who have other impediment to their Entry, may be denied Entry upon Application to an Immigration Officer at a Port of Entry to the U.S.Advance Parole may also be approved for a person residing outside of the U.S. for Humanitarian Reasons
  • Waivers

    Waivers of Ineligibility may be granted to Visa Applicants for Temporary Visa categories – if the Consul recommends a Waiver pursuant to a Visa Application.  If you have been previously Removed from the United States, have Overstayed a the time allotted you on a prior visit to the U.S., or if you have been arrested for a Crime that is not a Crime Involving Moral Turpitude, then you may be eligible to apply for a Waiver. But first the Consul must be convinced that an Applicant’s case warrants recommendation for a Waiver.  The waiting time for an answer to a Waiver request can be six months to a year.Waivers of Ineligibility or Inadmissibility for the Immigrant Applicant Spouses of U.S. Citizens must meet a stricter standard than Non-Immigrant Waiver Applicants.  Immigrant Visa Waiver Applicants must show Extreme Hardship to the U.S. Citizen Petitioner, if the Waiver is not granted.  The Application is filed by the intending immigrant directly to the USCIS and the processing time can take six months or longer.

  • Consultations

  • Many Visa Applicants or Intending Immigrants are not aware of the visa categories available to them, if at all, or the remedies available after they have obtained a denial to a Visa Application.  A Visa and Immigration Attorney can facilitate a Petition or Application Process or provide advice that will assist the client in avoiding pitfalls in the chosen process. In many instances a category may not be readily available to an intending Applicant, however a consultation will provide the guidance necessary to prepare for a category in the future.

See also Frequently Asked Questions

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