Client Approved for Permanent Resident Status

Our office was delighted to hear that our client was approved for conditional permanent resident status today. Her residence is conditional because her marriage is less than two years old at the time of obtaining permanent residence.

Client, a citizen of Canada, came to our office in November of last year after marrying her U.S. citizen boyfriend. At the time, client was working as a substance abuse counselor in TN (NAFTA) status. Under TN status, a foreign national may seek temporary entry into the U.S. to engage in business activities at a professional level. Professional level means that the foreign national must possess at least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1 of the NAFTA.

Client’s engagement was a surprise and her subsequent marriage came quickly thereafter. She came to our office seeking advice on how to become a permanent resident. After reviewing her case, we determined that she was eligible to apply to adjust her status to that of a lawful permanent resident while in the U.S. There was, however, one issue that had to be addressed: unauthorized employment. During her consultation, client explained that while she was working as a social worker, she started a dog-walking business and had several paying clients. The business was registered with the state of New York and she paid taxes. Unfortunately, the dog-walking business is a violation of her status, as she was working outside the scope of her employment authorization. Normally, unauthorized employment is a basis to deny an Adjustment of Status application; however, since client’s application was based on her marriage to her U.S. citizen husband, the unauthorized employment could not serve as a basis to deny her application. We further determined that she had no other inadmissibility issues.

Once we determined that our client was eligible to file an adjustment of status application, we prepared and filed the following forms concurrently: Form I-130, Petition for Alien Relative; Form I-485, Application to Adjust Status; Form I-864, Affidavit of Support Under Section 213A of the INA; Form I-693, Report of Medical Examination and Vaccination Record; Form I-131, Application for Travel Document; and Form I-765, Application for Employment Authorization.  

When filing an adjustment of status application be mindful about filling out all forms truthfully and completely. Furthermore, the date in which you file your adjustment of status application should also be carefully considered.

Do you have questions about how to become a lawful permanent resident? If so, please gives us a call at (716) 565-6270 or email our office at nmurchie@murchielaw.com.