Category: What To Know

What to Know Wednesday

5/14/2025

Traveling Abroad with a Pending Form I-485, Application to Register Permanent Residence or Adjust Status

If you have applied for a green card through adjustment of status (Form I-485), you may assume that travel outside the United States is still possible. However, leaving the country without proper authorization can result in your application being considered abandoned—jeopardizing your immigration future.

Here is what you need to know:

1. A Pending Form I-485 Does Not Equal Travel Authorization

Filing Form I-485 allows you to seek lawful permanent residency from within the United States, but it does not give you automatic permission to travel internationally while your application is pending. If you depart the U.S. without advance permission, the USCIS will consider your I-485 abandoned and deny your application.

2. Advance Parole: The Travel Document You Need

To travel abroad while waiting on a green card, you must first apply for and receive Advance Parole (Form I-131). This document authorizes you to leave and re-enter the U.S. without affecting your pending AOS case.

Important: You must receive the Advance Parole approval notice and physical document before leaving the country. Filing the application alone is not enough.

3. Exceptions for Certain Dual-Intent Visas

Individuals in H-1B or L-1 status may be able to travel internationally while their I-485 is pending without Advance Parole, thanks to the “dual intent” doctrine. However, these cases are highly fact-specific and must be carefully reviewed with an attorney to avoid status violations or reentry issues.

4. Risks of Traveling Without Proper Authorization

Leaving the U.S. while your green card application is pending--without Advance Parole or appropriate visa status—can result in:

Automatic denial of your I-485
Difficulty reentering the U.S.
Loss of eligibility for adjustment of status

Even emergency travel requires planning to avoid these risks.

Plan Ahead to Protect Your Green Card Case

Before making any international travel plans, consult with an immigration attorney. The timing, visa category, and status at the time of departure all factor into whether travel is legally safe. A short trip without the proper document can have long-term consequences.

Need guidance on Advance Parole or planning travel with a pending Form I-485? Contact Stommes Immigration at [email protected] for trusted advice tailored to your case.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].

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What to Know Wednesday

5/7/2025

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Changing Employers While on a Work Visa—What You Must Know First

If you are working in the United States on a visa like the H-1B, L-1, or O-1, you might assume that switching jobs is as simple as accepting a new offer. However, making an employment change without taking the proper immigration steps can jeopardize your status and future immigration benefits.

Here is what you need to know:

1. Your Visa Is Tied to a Specific Employer

Most employment-based visas are “employer-specific,” meaning they are only valid while you are working for the company that sponsored your petition. If you leave that employer without transferring or amending your visa, you may fall out of status—even if you remain in the U.S.

2. H-1B Portability: What It Allows

H-1B visa holders may be eligible for portability, which allows them to begin working for a new employer once the new employer files an H-1B transfer petition. However, you must not resign from your current job until the transfer petition has been properly filed with USCIS.

*Portability does not apply to every visa type—so it is critical to confirm your eligibility before making a move.*

3. Other Visa Types Require Caution

If you are on an L-1 (intra-company transferee), O-1 (extraordinary ability), or other employment-based visa, changing employers is more complex. These visas are not transferable and require a new petition or application. In some cases, switching employers may not be an option without changing visa categories entirely.

4. Gaps in Employment Can Trigger Status Problems

Even short gaps between jobs can result in a loss of status if not managed carefully. You should ensure that your new employment is authorized by USCIS before stopping work with your current sponsor. Falling out of status can affect your eligibility for extensions, green card processing, and future visa applications.

Plan Ahead to Avoid Disruption

Before accepting a new position, speak with an immigration attorney to review the immigration implications. Proper timing and petitioning can ensure a smooth transition—and help protect your status, work authorization, and long-term goals.

Need guidance on transferring your work visa or changing employers? Contact Stommes Immigration at [email protected] for personalized support.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].

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What to Know Wednesday

4/30/2025

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Traveling Abroad While Your Immigration Case Is Pending: What You Need to Know

If you have a pending U.S. immigration application, it is crucial to think twice before booking that international trip. Many individuals are surprised to learn that leaving the United States—even briefly—can put their entire case at risk if they do not have the proper travel authorization.

Here is what you need to know:

1. Travel Can Jeopardize Your Application

If you leave the U.S. while an immigration benefit is pending (such as adjustment of status with Form I-485), your application may be considered abandoned—meaning it could be denied simply because you departed the country without permission. This applies even if your departure is for a short trip or family emergency.

2. When Travel May Be Allowed

Some applicants can travel abroad if they first receive a document called Advance Parole. Advance Parole gives you permission to leave and return to the U.S. without abandoning your pending application.
Advance Parole is typically requested using Form I-131, and it must be approved before you travel. Travel without it can result in denial of your underlying application and possible bars to reentry.

3. Who Should Be Especially Careful

Individuals applying for a green card (adjustment of status)
DACA recipients with a pending renewal or application
Anyone with a pending waiver, asylum, or other immigration relief

Even if you have a valid visa or are in valid status, traveling while a case is pending can cause complications.

4. How to Apply for Advance Parole

You can request Advance Parole by filing Form I-131 with USCIS. You will need to provide:

A copy of your pending application receipt notice
A valid reason for travel (e.g., family, educational, or employment-related)
Supporting documentation Processing times can vary, so plan ahead. Do not leave the U.S. until Advance Parole is approved and you have the document in hand.

Stay Safe, Stay Compliant

Before making any travel plans, consult an immigration attorney to ensure your departure will not jeopardize your status or pending application. One misstep could result in delays, denials, or even a ban on reentry.

Need help applying for Advance Parole or reviewing your travel plans? Contact us at [email protected]for guidance.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].

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What to Know Wednesday - How to Read the Visa Bulletin

4/16/2025

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How to Read the Visa Bulletin

Understanding the Visa Bulletin is essential for anyone navigating the U.S. immigration system—especially for those applying for family-based or employment-based green cards. Issued monthly by the U.S. Department of State, the Visa Bulletin determines when applicants can move forward with their green card process. However, many individuals and employers find it confusing at first glance. Here is what you need to know:

1. Final Action Dates vs. Dates for Filing

The Visa Bulletin includes two important charts for each visa category:

Final Action Dates: These are the dates when green cards can actually be issued. If your priority date is earlier than the date listed in this chart, your application can be approved.
Dates for Filing: These are the dates when applicants can submit their documentation to USCIS or the National Visa Center. This chart allows certain applicants to prepare and submit their paperwork ahead of final approval.

Each month, USCIS announces which chart applicants should follow when applying for adjustment of status from within the U.S. That information is posted on the USCIS website after the Department of State releases the bulletin.

2. Priority Dates

Your priority date is the date your petition (Form I-130 or I-140) was received by USCIS. This date determines your place in line. To move forward with your application, your priority date must be earlier than the date listed under your preference category and country of chargeability.

3. Visa Categories and Country-Specific Limits

The bulletin is divided into family-sponsored and employment-based categories, with each category further broken down by preference levels (such as F1, F2A, EB-2, EB-3, etc.). Some countries—such as India, China, Mexico, and the Philippines—have their own columns due to high demand and per-country visa limits. If your country is listed separately, you must use the dates under that column. If not, use the “All Chargeability Areas Except Those Listed” column.

4. Backlogs and Retrogression

When demand exceeds the number of available visas, a backlog occurs, and the dates listed in the bulletin move slowly—or even retrogress (move backward). Retrogression can happen at any time and may temporarily prevent applicants from completing the green card process.

5. Staying Informed

The Visa Bulletin changes every month. Staying updated ensures that you do not miss an opportunity to file or move forward in your process. After the Department of State publishes the bulletin, USCIS updates its own website to indicate which chart to follow for the upcoming month.

Reading the Visa Bulletin correctly can help you plan ahead and avoid unnecessary delays. Need help understanding your place in the green card process? Contact us at [email protected] for guidance tailored to your immigration goals.

Stay informed and join us next week for more insights on “What to Know Wednesday.”

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What to Know Wednesday

4/9/2025

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Common Mistakes to Avoid During Your U.S. Immigration Interview

The U.S. immigration interview is a critical part of the visa application process. Many applicants make avoidable mistakes that can hurt their chances of approval. Here are 5 key mistakes to avoid:

1. Lack of Preparation

Not reviewing your application or documents can lead to confusion during the interview. Ensure you understand every detail of your forms and supporting documents, and be ready to explain any potential issues clearly.

2. Inconsistent or False Information

Providing inconsistent or false answers can result in a visa denial. Always be honest during the interview, and if you need to correct something, be upfront about it.

3. Missing Documents

Failing to bring the required documents can cause delays or even rejection. Double-check the list of required documents for your visa category and bring both originals and copies.

4. Over-Explaining Answers

Over-elaborating on your answers may raise doubts. Keep your responses brief and to the point, only offering more details if the officer requests them.

5. Becoming Nervous or Defensive

Remaining calm and respectful is essential. Being overly nervous or defensive can harm your chances, so take your time, stay composed, and ask for clarification if needed.

By avoiding these common mistakes, you can approach your immigration interview with confidence and increase your chances of success.

Need help preparing for your immigration interview? Contact us today at [email protected]!

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].

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What to Know -Re-entering the U.S. as a Legal Visa Holder

4/2/2025

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What to Know About Re-entering the U.S. as a Legal Visa Holder

For legal visa holders, returning to the United States after traveling abroad can seem like a straightforward process. However, there are some important considerations to ensure a smooth re-entry. Whether you are coming back from a short vacation or returning after an extended stay abroad, understanding the key aspects of the re-entry process is crucial. Here are a few important points to keep in mind as you prepare to return to the U.S.

1. Ensure Your Visa and Documentation Are in Order:

Before you travel, double-check that your visa status is valid and that all necessary documents are up-to-date. This includes confirming the expiration dates of your visa, passport, and any other supporting documents you may need, such as an employment authorization card, a re-entry permit, or a student status verification. If any of these documents are close to expiring, you may face complications upon re-entry.

2. Be Prepared for Inspection of Electronic Devices:

While the focus of your re-entry will be on verifying your identity and the validity of your visa, you should also be prepared for potential inspections of your electronic devices. Customs and Border Protection (CBP) officers may ask to review the content of your phone, laptop, or other devices. It is a good idea to back up your data and remove any sensitive information from your devices before traveling to minimize the impact of such checks. While these checks are uncomfortable, cooperating with CBP officers should help make the process as smooth as possible.

3. Understand Your Rights During the Re-entry Process:

As a legal visa holder, you still have rights during the re-entry process. If CBP officers request to inspect your devices or ask you questions, you can ask for clarification on the reason for the search. While refusing to unlock a device can lead to delays or complications, it is essential to stay calm and cooperative. If you are concerned about your rights or the process, it may be helpful to consult with an immigration attorney before you travel, so you are well-informed.

4. Be Ready to Answer Questions About Your Travel and Intentions:

During your re-entry process, you may be asked questions regarding the purpose of your trip, the length of your stay, and your plans in the U.S. Be prepared to answer these questions honestly and clearly. This is to ensure that you are not overstaying or violating any terms of your visa. Consistency in your answers and the documentation you provide should help the process move smoothly.

5. Stay Calm and Be Respectful:

While re-entering the U.S. may feel stressful, it is important to stay calm and respectful throughout the process. If there are any issues or concerns raised during your inspection or interview, addressing them politely will help resolve the situation more effectively.

By being prepared, ensuring your documentation is in order, and understanding your rights, you can help make the process as smooth as possible. The more informed you are, the better equipped you will be to navigate potential challenges.

Need assistance with your visa or re-entry process? Contact us today at [email protected], and let us guide you through the process!

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What to Know Wednesday

Traveling Abroad with a Pending Form I-485, Application to Register Permanent Residence or Adjust Status

What to Know Wednesday

Changing Employers While on a Work Visa—What You Must Know First

What to Know Wednesday

Traveling Abroad While Your Immigration Case Is Pending: What You Need to Know

What to Know Wednesday - How to Read the Visa Bulletin

How to Read the Visa Bulletin

What to Know Wednesday

Common Mistakes to Avoid During Your U.S. Immigration Interview

What to Know -Re-entering the U.S. as a Legal Visa Holder

What to Know About Re-entering the U.S. as a Legal Visa Holder

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What to Know Wednesday

Traveling Abroad with a Pending Form I-485, Application to Register Permanent Residence or Adjust Status

What to Know Wednesday

Changing Employers While on a Work Visa—What You Must Know First

What to Know Wednesday

Traveling Abroad While Your Immigration Case Is Pending: What You Need to Know

What to Know Wednesday - How to Read the Visa Bulletin

How to Read the Visa Bulletin

What to Know Wednesday

Common Mistakes to Avoid During Your U.S. Immigration Interview

What to Know -Re-entering the U.S. as a Legal Visa Holder​

What to Know About Re-entering the U.S. as a Legal Visa Holder​

Archives

Categories

FIRM

SERVICES

LEGAL

What to Know -Re-entering the U.S. as a Legal Visa Holder

What to Know About Re-entering the U.S. as a Legal Visa Holder