What Does “Visa Sponsorship” Mean?
Do you have a family member back in your home country that you would love to bring to the United States? Perhaps you’re an employer interested in hiring a foreign national to fill an open job position. Whatever the case, visa sponsorship may be necessary to bring a foreign national into the country. Learn more about visa sponsors before beginning the immigration process.
What is Visa Sponsorship?
Simply put, US visa sponsorship is when an individual or company based in the United States advocates for a foreign national’s entry into the country for the purposes stated in the visa. First, the sponsor submits a petition on behalf of the foreign national. If approved, the foreign national can then apply for the desired visa. There is usually a financial aspect involved with visa sponsorships as well.
Types of Visa Sponsorships
Not every immigrant requires a sponsor. It depends on the countries involved and the purpose of the visit. There are many types of visa sponsorships and many ways to get sponsored.
Family-Based Immigration Sponsorship
Both US citizens and lawful permanent residents can sponsor another family member’s visa. These include:
K-1 visas for fiancés coming to the US for marriage
F-1 visitor visas for students to attend school
B-2 visitor visas for tourism, visiting friends and family, and other leisure activities
Employment-Based Immigration Sponsorship
Most immigrants looking to work in the United States need an official job offer and a US-based employer sponsor. These jobs may be permanent or short-term engagements, and the sponsoring employer generally must pay the immigration costs.
There are many types of employment visas, including:
H-1B visas
Employment-based immigrant visas (green cards)
Treaty work visas for professionals
L transfer employee visas
Quasi-work visas
O-1A visas for extraordinary ability
And more
Self-Sponsorship
Some immigrants can petition themselves for a green card under certain conditions. This group of foreign nationals is extremely limited and includes:
Widows and widowers of US citizens who meet specific requirements
Battered spouses/children who were victims of extreme violence or cruelty from US citizens or lawful permanent residents, and battered parents of US citizens
Special immigrants who meet other requirements, such as being religious workers or special immigrant juveniles
Are you ready to begin the visa sponsorship process? Hurtubise Weber Law LLP can guide you from start to finish to make the immigration process as smooth as possible! Call us today at (415) 496-9040 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.
Can I Leave the US While Awaiting My Adjustment of Status?
If you are in the middle of the US immigration process, it’s crucial to avoid any actions that could negatively affect your case. This might have you wondering—can I leave the US while my adjustment of status is pending? Yes, with the proper documentation, but you may not want to. Learn more about the requirements and risks here.
What is an Adjustment of Status?
An adjustment of status is the process of applying for lawful permanent resident status (also known as applying for a green card) when you already reside in the US. If you’re approved, you can continue living and working in the US and eventually apply for US citizenship. United States Citizenship and Immigration Services (USCIS) is the government agency responsible for processing your application.
Can You Travel While Awaiting a USCIS Adjustment of Status?
If you have a pending adjustment application, this means you have already filed Form I-485 to apply for a green card. After navigating the complex application process, you want to ensure you don’t make any mistakes that could jeopardize becoming a green card holder.
Do you want to visit your home country while your adjustment of status is pending? You’ll need to obtain an advance parole document. This is a temporary travel authorization that allows you to reenter the US without a visa. If your situation requires an advance parole travel document and you fail to obtain one, you will abandon your Form I-485 application. Therefore, it’s essential to consult an immigration attorney before leaving the country.
How to Obtain an Advance Parole Travel Document
Complete Form I-131, Application for Travel Document, and submit it to the USCIS. Be prepared to give specific dates and reasons for leaving the country. Submitting the form is not enough—you must await approval before you travel.
Risks of Traveling with a Pending Adjustment of Status Application
The border patrol officer inspecting you upon reentry to the US has the authority to deny reentry if they have reason to believe that you should not be admitted. In short, unless you have an urgent reason to leave the country, it’s best to remain in the United States while you await the outcome of your green card application.
For more information about immigration law and applying for an adjustment of status, reach out to Hurtubise Weber Law LLP. We can help you navigate the immigration application process! Call us today at (415) 849-1199 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, CA.
10 Most Common Reasons for a Green Card Application to be Denied
Each year, United States Citizenship and Immigration Services (USCIS) approves thousands of lawful permanent resident cards, also known as green cards. This allows non-US citizens to live and work in this country permanently. However, a green card may be denied if the applicant is deemed “inadmissible.” Take a closer look at the 10 most common reasons this can happen.
Health: You must pass a medical exam performed by a government-approved doctor. Your application may be denied if you have an infectious disease, aren’t properly vaccinated, are addicted to drugs, or have a medical disorder that threatens the safety of others.
Criminal background: If you have been convicted of certain crimes—including drug trafficking, prostitution, money laundering, or fraud—you could be deemed inadmissible to the US.
Finances: If you have no way to support yourself, your green card could be denied based on the likelihood that you will become a drain on public resources. However, if you are a victim of human trafficking, you may not be treated as inadmissible even if you will likely require government assistance.
Fraud or misrepresentation: Knowingly misrepresenting the facts when applying for permanent residency—such as claiming false employment or listing the wrong address—may cause USCIS to deny your application.
Prior unlawful presence: USCIS will review your past immigration history to determine if you have ever entered the country unlawfully, overstayed a visa, or been deported. While these are not automatic grounds for denying an application, you may need a skilled lawyer to make your case.
National security concerns: Your visa application will likely be denied if you are currently or formerly affiliated with a terrorist group, criminal organization, or totalitarian party.
Lack of evidence: In the case of family-based green cards, your petition may be denied if there’s insufficient evidence to support the relationship between you and your sponsored family member.
Incomplete application: All aspects of a green card application must be submitted together. If any forms, support documents, or filing fees are missing, that could be enough motivation to deny your application.
Missed deadlines: Another reason for having your green card denied is if you miss appointments or interviews needed to complete your application. Submitting documentation past the deadline is also problematic.
Errors in the application process: The strict legality of a permanent resident card leaves no room for error. Misspelling a name or forgetting a birth date could be reason enough for USCIS to deny your application, even if it was an innocent mistake.
Don’t allow something as simple as a missed deadline or typo to cost you your green card! Hurtubise Weber Law can help you complete your application correctly and submit it in a timely manner. Even if you have already been deemed inadmissible, we can assist with filing a waiver or meeting an exception written into immigration law. When you’re ready to begin applying for a green card, please call our San Francisco or San Jose office at (415) 849-1199 or contact us online.
TN Visa Restrictions
Have you been offered a job in the United States? If you’re a Canadian or Mexican citizen, you may be eligible for a TN visa. TN, or Trade NAFTA, is an arrangement under the North American Free Trade Agreement (NAFTA). This nonimmigrant employment visa allows Canadian and Mexican citizens in certain professions to work in the US.
TN status is one of the fastest, easiest US work authorizations available. However, some restrictions still apply.
You Must Maintain Your Visa Status
Under US immigration law, nonimmigrant employees who fail to maintain their TN status can be deported. This means if you stop working for your US employer, you’ll be asked to leave the country. If things escalate to this point, you could become ineligible to request an extension or change of status. Be aware that you may be exempt from deportation if you’re involved in a strike or labor dispute that prevents you from working temporarily.
You Must Leave the US or Make Corrective Measures If You Lose Your Job
If you are laid off, terminated, or voluntarily leave your job, you have 60 days or until your TN status expires, whichever comes first, to complete one of the following:
Apply for a new TN visa with another employer
File for a change of status to another nonimmigrant visa classification
Make preparations to depart the US
Family members with TD visa status are also eligible for this grace period.
You Must Leave the US If Your TN Status Expires
Unless you file an extension application, you cannot continue working or living in the US once your TN-authorized stay expires. This date should be listed on your I-94 record or passport admission stamp. If you overstay, you could end up:
Being deported
Being barred from reentering the US for up to 10 years
Having your TN visa stamps voided
Having future TN visa applications denied
Your employer could also face civil penalties or criminal prosecution for continuing to employ you after your TN status expires.
You Cannot be Self-Employed
You can’t get a TN visa if you own or “substantially control” the US company you work for. Immigration offers to assess business ownership based on whether you:
Founded or currently own and operate the company
Have sole or primary control of the business, regardless of how many shares you own
Receive most or all of the income the business generates
You Cannot Intend to Stay Permanently
A TN visa is meant for temporary workers only. You’re not allowed to use it if you intend to remain in the country indefinitely.
If you have questions about TN visa restrictions or how to apply for TN status, reach out to Hurtubise Weber Law. We’ll assist with the application process and offer advice to keep you compliant with TN visa restrictions. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers based in San Francisco and San Jose, CA.
Can You Apply for a Green Card Next Month? Check the February 2022 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for February 2022 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for February 2022 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in February.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the January 2022 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for December 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for January 2022 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in January.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the December 2021 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for December 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for December 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in December.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the November 2021 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for November 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for November 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in November. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the October 2021 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for October 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for October 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in October. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the September 2021 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for September 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for September 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in September. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the August 2021 Visa Bulletin
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for June 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in August. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-548-7067 today.
Can You Apply for a Green Card Next Month? Check the June 2021 Visa Bulletin
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for June 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for June 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in June. USCIS has not yet indicated whether the Dates for Filing or Final Action Dates chart may be used for applicants next month.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the May 2021 Visa Bulletin
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for May 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for May 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the March 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for March 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for March 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in March. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-548-7067 today.
Can You Apply for a Green Card Next Month? Check the February 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
Check the February 2021 Visa Bulletin. Good news: The F2A category for the spouses and children of permanent residents will remain current.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for February 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in February. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the January 2021 Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for January 2021 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for January 2021 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in January. USCIS has stated that the Dates for Filing chart may be used for all family-sponsored applicants, except that F2A applicants may file using the Final Action Dates chart. All employment-based adjustment applicants must use the Final Action Dates chart.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the November Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for November 2020 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for November 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in November.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the October Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for October 2020 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for October 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in October.
More good news: Final action dates for employment-based 1st, 2nd, 3rd, and Other Workers preference categories will become current for all countries except for China and India.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can You Apply for a Green Card Next Month? Check the May Visa Bulletin!
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for May 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
U.S. Department of State Visa Bulletin for April 2020
You can check the U.S. Department of State Visa Bulletin for April 2020 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for April 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in April.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-548-7067 today.
