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Find valuable information and updates about family immigration and how citizens and permanent residents can sponsor their loved ones to be able to legally live and work in the U.S. with visas, green cards and citizenship. Our experienced immigration professionals share their expertise on ever-changing immigration policy and related issues. Be sure to check back often and subscribe for up-to-date information!
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Advance parole is a travel document that permits you to travel outside the United States for temporary travel and return to the United States . Applicants for advance parole need to file Form I-131, Application for Travel Document with U.S. Citizenship and Immigration Services (USCIS) and pay the filing fee. When the application is approved, USCIS issues the applicant a Form I-512L, the advance parole document. The document must be presented to immigration officials to seek admission into the United States after traveling abroad. There are several ways a person can qualify for and obtain advance parole. Applicants for adjustment of status, DACA recipients, and individuals who need to travel for urgent humanitarian reasons are three common types of applicants that can apply for advance parole , however there are more. Applicants for adjustment of status can apply for advance parole when they file their green card application or when the green card application is pending. Adjustment of status applicants must obtain advance parole before traveling outside the United States to avoid an issue with the green card application. Obtaining advance parole through an adjustment of status application does not require an emergency or humanitarian purpose for travel. Note, when you file for advance parole through an adjustment of status application the filing fee for Form I-131 is not required. DACA recipients may also apply for advance parole to travel abroad for humanitarian reasons or for employment or educational purposes only. Humanitarian reasons include medical attention or treatment, visiting a sick relative or for a relative’s funeral services. Educational purposes include studying abroad, academic research and more. Employment purposes include work, training, meetings, interviews, and other specific work assignments. Certain individuals may also apply for advance parole due to an urgent humanitarian reason or to further a significant public benefit. To show that the travel is due to humanitarian, education, or employment reasons, the applicant must provide proof of such to USCIS. As mentioned, these are the three most common ways to obtain advance parole, but they are not the only ways. If you have questions about other ways to obtain advance parole, if you think you qualify for advance parole or have questions about your eligibility, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
Your conditional resident status is only valid for 2 years. In order to prevent losing lawful status in the United States, you must submit Form I-751, Petition to Remove Conditions on Residence, 90 days before your conditional green card expires. It is critical that you file Form I-751 to remove the conditions in a timely manner because if it is not, you may risk being left without status and the U.S. Department of Homeland Security may issue you a Notice to Appear and place you in removal proceedings before an Immigration Judge.
You waited months, maybe even years, and you finally have your Green Card and are a Lawful Permanent Resident of the United States, yay!
Picture this : your significant other finally proposed to you and you are excited, not only for wedding planning but to star t your green card process! One thing to decide before you pop the champagne and start vetting wedding vendors, do I apply for a K1 visa and then start the green card process or do I start the marriage green card process right away? Most people aren’t sure how to answer this question. So when do you apply for a K1 visa versus simply starting the marriage green card process? Keep reading to find out.
Click here to read this article in Portuguese and Spanish If you and your spouse were married for less than 2 years at the time of your I-485 ( Adjustment of Status ) interview and your application was approved, your lawful permanent resident status is conditional and a separate petition to remove those conditions (I-751 petition) must be filed within 90 days of the expiration date on your Green Card. An I-751 petition is a joint petition, filed by the Green Card holder and their spouse, that requests USCIS remove the conditions and issue you permanent resident status and a new 10-year Green Card. However, what if after filing the I-751 petition, you and your spouse decide to get divorced? In such situations, the Green Card holder can request a waiver of the joint petition filing requirement and submit this request with their I-751 petition. Even if you are requesting an I-751 waiver, you must still show that the marriage was originally entered into in good faith. This means that you will still need to prove to USCIS that you entered into the marriage for love and not just to obtain a Green Card. Evidence of good faith can include, but is not limited to, the marriage certificate, joint documents, birth certificates of children born of the marriage, etc. Documentation that can/should be submitted with your I-751 waiver request include copy of your green card, documentation regarding the circumstances surrounding the end of your marriage, evidence that the marriage was entered into in good faith, copy of the divorce decree (or evidence that divorce proceedings have been initiated if not yet final), statement from you regarding the circumstances, etc. USCIS reviews waiver requests on a case-by-case basis. Current USCIS policy guidance indicates that if a waiver request is made and the divorce is not yet final, USCIS should issue a Request for Evidence (RFE) with a response period of up to 87 days. In the RFE, the officer will request that you provide a copy of the final divorce decree and a statement from you officially asking that the I-751 petition be converted to a waiver application (if not already provided), along with any other documents they deem necessary to decide the case. As long as you can provide these documents to USCIS by the response deadline, the officer can amend the I-751 petition indicating that you are eligible for a waiver based on the termination of the marriage and can adjudicate the petition as such without the need to re-file the application. USCIS will then evaluate whether or not the good faith requirement has been met and may schedule the case for an in-person interview. If the application is approved, then you will be issued your 10-year Green Card. If the application is denied, then your case may be referred to immigration court and you may be placed in removal proceedings. I-751 waiver cases are a complicated matter. If you or someone you know find themselves in a situation like the one mentioned above, please contact our experienced immigration attorneys at Santos Lloyd Law Firm for assistance with your case.
But what should you expect at the interview?
In some ways this may feel almost like a job interview, but it isn’t. The purpose of the interview is to verify that you and your spouse have filed a petition based on a bona fide or real marriage. The difference between this and a job interview is that at this interview you and your spouse will be sworn in and anything you answer will be considered testimony. The officer will verify your information on the I-130 Petition for Alien Relative and the I-485 Applicant to Register Permanent Residence updating any information such as address or employer. The officer will also ask questions about your relationship, something that may seem odd to U.S. born citizens.
It is a petition that can be filed by a Lawful Permanent Resident or U.S. Citizen Spouse on behalf of their immigrant spouse to obtain a green card. In order to file the petition, the individuals must be legally married, no specific period of time is required, but the length of the marriage at the time of the interview may affect if a 2 year or 10-year green card is issued if the case is approved.
Under the current American Immigration System, there are three major paths to becoming a Lawful Permanent Resident, popularly known as a " Green Card Holder ." One is: Family Ties . This means that a qualifying family member, such as a spouse, parent or child, sponsors your application. A second path is: Employment Ties. Meaning that your employer sponsors your application. And third is: Humanitarian Reasons. This is the least common of the three paths, and involves getting residence through a humanitarian immigration program, such as asylum or refugee status. This article explores the first path, obtaining a green card based through marriage, and is the story of my personal experience, getting my green card through marriage to my husband.
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Navigating the United States immigration system can be complicated and stressful, and maximizing your chances of a successful outcome can have a huge positive impact on your personal or professional life. While hiring an experienced immigration attorney is an excellent first step toward securing a positive outcome, it is vital to remember that legal representation is fundamentally a partnership. Your attorney is your advocate, but the strength and efficiency of your case rely heavily on the preparation, collaboration, and transparency you bring to the table. To help you maximize the value of your legal counsel and build a seamless, robust application package, here are five essential tips for making your partnership with an immigration attorney a genuine success. 1. Streamlining Translated Documents: The Value of Advance Preparation Submitting an immigration petition requires an extensive paper trail of supporting evidence. This often includes vital records such as birth certificates, marriage licenses, divorce decrees, police clearance certificates, or academic transcripts. A strict, non-negotiable rule enforced by USCIS is that any document used as supporting evidence that is written in a language other than English must be accompanied by a full and complete English translation. You can proactively save significant time and keep your legal process moving forward by arranging for these translations before sending documents to your attorney. However, you cannot simply translate them yourself or have a bilingual friend write it out. USCIS requires the translator to provide a formal, written attestation. While you don’t need to hire a professional translator, the certification must explicitly state that the translator is competent to translate from the foreign language into English and that the translation is accurate, true, and complete. Having these documents translated with proper written attestations beforehand allows your attorney to begin analyzing your evidence and compiling your packet immediately without administrative delays. 2. Understanding Legal Fees vs. USCIS Filing Fees Like any legal process, immigration law matters are expensive, and they involve two distinct types of cost- understanding these can help you to budget properly and avoid unnecessary friction or delays. When entering into a legal retainer agreement, it is crucial to recognize the operational difference between the legal fees charged by your law firm and the administrative filing fees mandated by the U.S. government: Legal Fees: These fees are paid directly to your immigration attorney for their professional expertise, time, legal labor, and ongoing representation. This covers strategy formulation, document drafting, compilation of the legal brief, and managing communications with government agencies. A good attorney will be clear about how much things will cost, at what point you will need to pay them, and why the costs may vary for certain situations (such as expediting a case to meet a deadline). USCIS Fees: These are flat filing fees established by the U.S. government to process specific immigration forms. These fees are mandatory regardless of whether you hire an attorney, and they are generally non-refundable—meaning the government keeps the money even if your application is ultimately denied. It is also important to remember that these fees will be charged to your account shortly after your case is filed, so make sure you have the requisite amount available in your account to avoid your filing being rejected due to payment failure. Review your legal contract carefully to ensure you understand how both fee types are structured. Your attorney will explicitly instruct you on how and when government fees must be paid, which typically requires separate checks, money orders, or specific credit card authorization forms made out directly to the "U.S. Department of Homeland Security." 3. Submitting Your Documents Properly When preparing documents for your attorney, ensure that they are properly scanned using a scanner or a dedicated mobile scanning app. If you must take photos of a document using a smartphone, ensure the camera is perfectly level, the lighting is bright and even, and the image displays the entire document —including all four corners, edges, and margins. Blurry, skewed, or cropped images look unprofessional and raise immediate red flags regarding document alteration. Furthermore, pay absolute attention to signature requirements. While electronic signatures are standard in commercial business, USCIS enforces strict guidelines. Most immigration forms and critical supporting affidavits require an original "wet signature"—meaning you must physically sign the paper document with an ink pen before it is submitted or scanned. Digital fonts or unapproved electronic signatures can result in your entire application package being rejected and sent back, costing you valuable time and filing priorities. 4. Transparency is Key: Providing the Full Picture Your immigration attorney’s sole objective is to protect your interests, advocate for your legal status, and help you achieve your goals. However, an attorney cannot effectively defend you against risks they do not know exist. To ensure a successful outcome, you must provide your legal counsel with a complete, completely unvarnished picture of all relevant facts—both positive and negative—from your very first consultation. Clients are occasionally hesitant to disclose past complications, such as a prior visa denial, an unauthorized period of employment, an arrest or citation, or previous marriages. Concealing these facts from your attorney is incredibly risky. The U.S. government possesses expansive domestic and international databases and will uncover this information during background checks. If your attorney is blindsided by an undisclosed adverse fact mid-process, they cannot prepare a proactive legal defense, alternative strategy, or necessary waiver in advance. Remember that your disclosures are entirely protected by attorney-client privilege; your attorney is there to solve your problems, not to judge them! 5. Managing Expectations: Why Attorneys Cannot Guarantee Outcomes One of the most foundational elements of a healthy attorney-client relationship is alignment on expectations. It is critical to understand from the outset that an immigration attorney can never guarantee a successful outcome for your case. Whether you are applying for a family-sponsored green card, an employment-based visa, asylum, or naturalization, the ultimate authority to approve or deny a petition rests entirely within the discretion of U.S. Citizenship and Immigration Services (USCIS), Department of State consular officers, or immigration judges. Immigration law explicitly grants immense discretionary power to the government officials evaluating your case. An attorney’s role is to deeply analyze the law, construct a compelling legal narrative, meticulously organize your supporting evidence, and protect your rights from administrative overreach. However, because the final decision is entirely subject to agency discretion, any attorney who claims a "100% guaranteed approval" is acting unethically. Trust the counsel who gives you an honest assessment of your case's strengths and potential vulnerabilities, rather than empty promises. Conclusion: A Collaborative Approach to Success Achieving your immigration goals is a shared responsibility. Treat your application with the seriousness it deserves, work hand-in-hand with your legal counsel, and you will set yourself on the most reliable path to success. If you are ready to take action on your case and are seeking a competent, experienced, and trustworthy immigration attorney to work with you towards the outcome you are looking for, please contact us today and we will be ready to assist you.
If you are an elite athlete, the dream of competing and living in the United States often begins with a temporary visa, like a P-1 or an O-1A, based on an employment contract with a team or a schedule of professional competitions you will participate in. However, if you are able to truly excel and reach the top echelon of competitors in your sport worldwide, you may eventually be able to qualify for an EB-1A employment-based Green Card that grants you lawful permanent residence in the U.S. The EB-1A is highly coveted because it doesn’t require a U.S. employer to sponsor you; you can self-petition based entirely on your own merit. However, the barrier to entry is high. You must either prove a major, one-time achievement (like an Olympic medal or a World Cup title) or satisfy at least three out of ten specific regulatory criteria. If you are a forward-thinking athlete currently in the prime of your career, now is the time to start building your EB-1A playbook. Here is a breakdown of all ten criteria from a professional sports perspective, along with actionable tips to bolster your eligibility for the future. The 10 EB-1A Criteria: An Athlete’s Playbook 1. Nationally or Internationally Recognized Prizes or Awards This criterion looks for evidence of excellence in your sport. For athletes, this means trophies, medals, or individual accolades. What counts: League MVP awards, "Best Newcomer" titles, National Championship medals, or selection to an All-Star team. Regional or local club-level awards generally won't cut it. How to maximize your chances: Never throw away a program booklet, medal certificate, or official league announcement. If you win an award, request a formal letter from the league or federation confirming the criteria for the award, how many athletes competed for it, and why you stood out. You are already striving for excellence in your career, to maximize the impact of these awards on your potential EB-1A eligibility, be prepared to document them as fully as possible. 2. Membership in Elite Associations USCIS looks for memberships in organizations that require outstanding achievements of their members, as judged by recognized national or international experts. What counts: Selection to a National Team, an invitation-only elite training pool, or membership in a prestigious international sports federation with strict performance entry barriers. A basic club membership, or membership in a players’ union for all players in your league is unlikely to move the needle here. How to maximize your chances: Actively pursue national team call-ups or qualify for top-tier athletic federations. Keep copies of the official selection criteria for these organizations to prove that entry is based strictly on elite athletic performance, not just paying a membership fee. 3. Published Material About You in Major Media This involves press coverage detailing your athletic career, your achievements, and your impact on the sport. What counts: Feature articles, profile pieces, and match reports in major media outlets (e.g., ESPN, Sky Sports, major national newspapers, or highly regarded websites that cater to your specific sport). How to maximize your chances: Don't shy away from the press. When journalists ask for interviews, take them. Make sure that video interviews or other video-based features include a written text element as well. Crucially, maintain a digital press portfolio . Save screenshots, URLs, and physical copies of print articles. Track the circulation or web traffic metrics of the publications featuring you to prove they qualify as "major media" - they will need to average at least 3,000 viewers or subscribers per month. 4. Participation as a Judge of the Work of Others This criterion requires you to have evaluated the performance of other athletes or professionals in your field. What counts: Serving as a licensed referee or umpire at high-level competitions, acting as a technical judge at a national tryout, or being invited to sit on a selection panel for a prestigious youth draft combine. How to maximize your chances: As you gain seniority in your sport, accept invitations to judge. Offer to serve as a panelist or evaluator for academy tryouts, state tournaments, or specialized sports combines. Ensure your participation is documented with official invitations and judging schedules. 5. Original Contributions of Major Significance to the Sport This means you have introduced something to your sport that has shifted the way the game is played, trained, or analyzed. What counts: Developing a brand-new training methodology or tactical system that is widely adopted by other clubs, setting a long-standing national or international record, or introducing a new technique to your sport such as a new grappling hold in combat sports or a new putting technique in golf. How to maximize your chances: If you innovate a specific technique or coaching program, document its widespread impact. Secure testimonial letters from independent coaches, sporting directors, and analysts testifying to how your unique contribution has materially advanced the sport. 6. Authorship of Scholarly Articles This requires writing deeply technical or academic pieces for major professional or trade publications. What counts: Publishing tactical breakdowns in recognized coaching journals, writing a column for a sports science publication, or authoring an authoritative textbook on modern athletic training. How to maximize your chances: Use the off-season or injury downtime to co-author articles with sports scientists or write deep-dive tactical pieces for established athletic journals or coaching magazines. The experience and insight of an elite athlete is a valuable academic resource; you don’t need to be an accomplished scholar yourself to contribute to academic work. 7. Display of Work at Artistic Exhibitions or Showcases While primarily designed for painters, sculptors, and actors, this can occasionally be adapted for athletes under very specific circumstances. What counts: Having your athletic gear, memorabilia, or historical achievements featured in a major sports museum, or being a primary feature in an athletic showcase with a large audience such as participating in a testimonial match for a retiring superstar, or a skateboarding demo attached to a popular festival. How to maximize your chances: If your athletic career intersects with media, exhibitions, or major historical displays, keep records of the venue’s prestige, attendance numbers, and promotional materials. 8. Performing in a Leading or Critical Role for Distinguished Organizations You must prove that you played a vital part in the success of a team or organization with an eminent reputation. What counts: Serving as the team captain, being the star player/top scorer who led a top-tier club to a championship, or acting as the foundational head coach of a highly reputable academy. This could also apply to leading your boxing or MMA gym to a tournament title, your motorsport team to a season trophy, or contributing to your country’s success in an international competition. How to maximize your chances: Leadership matters. Strive for roles like captaincy or leading tactical positions. Keep records of statistics that indicate your impact on your team or group’s success. When you leave a club or team, secure a letter from the head coach, general manager, or sporting director detailing exactly how your specific presence and leadership directly caused the organization's success or ranking surge. 9. High Salary or Significantly High Remuneration This requires proving that your compensation is substantially higher than what the average athlete in your sport and country earns. What counts: Playing contracts, performance bonuses, endorsement deals, and prize money that place you in the top tier of earners in your league or nation. How to maximize your chances: Keep meticulous financial records. Save all player contracts, prize money receipts, and tax returns. Work with your immigration attorney to gather objective labor data (like national statistics or league averages) to clearly demonstrate that your income dwarfs the baseline average for your profession. 10. Commercial Successes in the Performing Arts For athletes, this criterion is increasingly satisfied through the modern commercialization of sports, specifically focusing on box office draws and merchandise. What counts: Major pay-per-view (PPV) draws in combat sports or extreme sports, ticket sales or attendance spikes directly attributed to your presence, or substantial jersey/merchandise sales carrying your name. How to maximize your chances: Work closely with your agency, club, or promotion to track your commercial impact. Request data regarding streaming viewership peaks during your matches, box office revenue for events you headlined, or official merchandise sales reports. As with each criteria, the more objective support materials you can provide, the stronger your argument becomes. Summary: Building Your EB-1A Timeline The EB-1A Green Card requires extraordinary ability by its very name; planning and preparation alone cannot manifest eligibility if you are not an outstanding athlete in your chosen sport. But for those high achieving athletes who may wish to pursue this desirable pathway to lawful permanent residency, being proactive early in your career can make all the difference. By understanding these criteria today, you can make intentional career choices that pay off down the road. Treat your visa strategy like your training regimen: consistency, documentation, and aiming for the highest platforms will ultimately secure your win. If you think you may qualify for an EB-1A visa on the basis of your athletic talent, please contact our office and we would be happy to help guide you through this complex but rewarding process.
Navigating the U.S. immigration system is already a complex process, but a critical new federal court ruling has provided major relief to thousands of applicants who have found themselves caught in a challenging standstill. On Friday, June 5, 2026, U.S. District Chief Judge John J. McConnell, Jr. of the U.S. District Court for the District of Rhode Island issued a nationwide order declaring unlawful and vacating four restrictive U.S. Citizenship and Immigration Services (USCIS) policies. These internal policies had previously directed adjudicators to completely suspend processing and final decisions for immigration benefits filed on behalf of foreign nationals from roughly 39 countries. In a sharply worded ruling, Chief Judge McConnell criticized the administration’s restrictive processing directives, stating that the policies "threw the lives of countless immigrants living in the United States into indeterminate legal limbo." He further accused USCIS of actively ignoring established federal law by categorically barring these applicants from receiving final decisions. Which Countries and Benefits Are Affected? The 39 affected nations are located predominantly across Africa, Asia, Latin America, and the Middle East, heavily mirroring countries that have been targets of broader administration travel bans. Under the struck-down policies, individuals from these specific countries faced indefinite halts on their essential filings, regardless of the individual merits of their cases. The federal court's decision directly impacts a wide spectrum of vital immigration pathways, including: Asylum Applications Employment Authorization Documents (Work Permits) Adjustment of Status (Green Cards) Naturalization (Citizenship Applications) What This Means For Clients and Applicants The core takeaway of this decision is immediate: USCIS must resume processing these cases. Because the court's ruling carries a nationwide effect, the agency is no longer permitted to pause or shelve a file simply because of the applicant’s country of origin. While the administration is widely expected to appeal Chief Judge McConnell's decision, the policy is officially vacated for the time being. For individuals from the affected nations who have watched their applications sit frozen for months without explanation, this opens a crucial window to see their cases move forward toward a final determination. How Santos Lloyd Law Firm Can Assist The landscape of U.S. immigration remains incredibly fluid, and shifts in federal policy can radically impact your status, career, or timeline. If you are a national of one of the affected countries or have an application that has been experiencing unusual or prolonged delays, it is critical to evaluate how this new ruling alters your strategy. At Santos Lloyd Law Firm, P.C., we closely monitor federal litigation and shifting agency guidance to provide our clients with proactive legal support. Whether you are navigating family-based applications, employment visas, or citizenship tracks, our experienced attorneys are here to help you understand your options and build a viable path forward.
Santos Lloyd Law Firm, PC
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Phone: (949) 316-0078
