MVP “Immigration Q & A Forum” – 6/27/25

1. How can I obtain a green card? Are there options outside of family sponsorship or employment sponsorship?

Yes, there are roughly seven (7) different ways to obtain a Green Card to become a lawful permanent resident and then eventually apply for U.S. Citizenship. They include: Family Based/Marriage Based Sponsorship;  Employment Based Sponsorship; Diversity Visa; Humanitarian Options – Asylee, Refugee, SIJS, T/U visas, VAWA; Investment Visa – EB5;  Registry (resided continuously in the U.S. since before January 1, 1972); Other Categories: Liberian Refugee Immigration Fairness (LRIF), Cuban Adjustment Act; Haitian Refugee Immigration Fairness Act (HRIFA) dependent; Lautenberg parolee; Indochinese Parole Adjustment Act of 2000; American Indian born in Canada.

Source: https://www.uscis.gov/green-card/green-card-eligibility-categories

Feel free to contact our law firm to schedule a consultation about options that you may be eligible for.

2. I filed an EB1A, I-140 application with the USCIS and it was approved, but my I-485 application was denied. I came on a B2 Visitor Visa, and I timely filed for Asylum. I do not have any current status other than a pending Asylum case. Do I have any options?

In order to file the I-485, Application to Adjust Status to Permanent Resident for employment based purposes, one must be maintaining a valid nonimmigrant visa status. Unfortunately, a pending asylum application is not considered a valid nonimmigrant visa status. There may be an option for Consular Processing. It is highly recommended that you contact our office to schedule a consultation.

3. How many employment-based immigrant visas are issued by the Department of State on an annual basis?

The statutory limitation on the issuance of employment-based immigrant visas is set at 140,000 annually.

4. Where can I find the latest version of Form I-9?

The latest version of Form I-9, Employment Eligibility Verification, can be found by visiting the USCIS website. I would also recommend that you download the Employer Handbook to assist your company with properly completing I-9 Forms and overall compliance. It is imperative in this current environment that your company have its own internal I-9 audit process. If you are interested in having your I-9 Forms Audited or assistance with setting up an internal I-9 audit process, please contact our office to schedule a consultation.

5. What are the three (3) and ten (10) year bars? I hear other Attorneys on social media mentioning 3 and 1o year bars but I don’t understand what they actually mean.

If you have either been in the U.S. without authorization, we call it EWI (entry without inspection), or overstayed your visa by 180 days, upon exiting the United States you would trigger the 3-year bar from lawfully returning to the United States. If you have remained in the United States without authorization or overstayed your visa for 1 year (365 days) or more, upon exiting the United States you would trigger the 10-year bar from lawfully returning to the United States. 

6. Do ICE agents really have a target for every day they are trying to reach?

Yes. Immigration and Customs Enforcement (ICE) has a goal of arresting 3,000 people per day, in order to reach the current administration’s deportation goal.

7. Who is currently subject to the Travel Ban?

Twelve (12) countries have a full ban on entry to the United States, those countries include: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen.

Seven (7) countries have a partial ban on entry to the United States, those countries include: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, Venezuela

Exceptions do exist.

Within 90 days of the Proclamation establishing the Travel Ban (entry ban) and every 180 days thereafter, the Secretary of the Department of Homeland Security (DHS) shall submit a report to the President whether any suspensions should be continued, terminated, modified or supplemented.

There are reports that an additional 36 countries, mainly African and Caribbean countries could be added to the Travel ban if they do not address certain concerns. Those countries could include: Angola, Antigua and Barbuda, Benin, Bhutan, Burkina Faso, Cabo Verde, Cambodia, Cameroon, Cote D’Ivoire, Democratic Republic of Congo, Djibouti, Dominica, Ethiopia, Egypt, Gabon, The Gambia, Ghana, Kyrgyzstan, Liberia, Malawi, Mauritania, Niger, Nigeria, Saint Kitts and Nevis, Saint Lucia, Sao Tome and Principe, Senegal, South Sudan, Syria, Tanzania, Tonga, Tuvalu, Uganda, Vanuatu, Zambia, and Zimbabwe.

8. I have DACA, can I still renew or has that program also been terminated by the President?

The Deferred Action for Childhood Arrivals (DACA) program created through Executive Order under the Obama Administration (2012) remains available for those filing to renew their DACA status. The USCIS will not process any initial requests for DACA, they will only process renewal requests for existing DACA holders.

9. How many family-based immigrant visas are issued by the Department of State on an annual basis?

The statutory limitation on the issuance of family-based (including marriage based) immigrant visas is set at 226,000 annually. Spouses, Parents and Children under 21 years of age of United States Citizen are exempt from the statutory limitation because they are considered Immediate Relatives and as such an immigrant visa is always available; they are not subject to the preference categories.

10. What can I do? I feel so helpless and want to help in any way I can with this Immigration crisis we are facing.

Let your voice be heard! Contact by telephone, email or by writing a letter to your U.S. Senator & House Representatives on a daily or weekly basis and let them know you do not approve of this administration’s actions on Immigration. They must document and respond to every communication received by a constituent.

Serve as an Observer in Immigration Court (with the American Bar Association).

Serve as an interpreter for a non-profit that assists pro se applicants with their Immigration Court screenings.

Donate to a local non-profit serving the Immigrant population. Non-profits within the State of Maryland can be found here: https://goci.maryland.gov/community-partners/.

If you are interested in helping, please let us know, we can certainly point you in the right direction to get involved.