Immigration FAQs

What is the difference in getting a green card for those who were admitted in the U.S and those who arrived without documentation?

Typically the adjustment of status through a family member is through a form called an I-485. This type of document is generally only available to those who were admitted or paroled into the United States. This means if you arrived with some kind of visa, or if you were detained at the border and later received parole by the deportation official assigned to you. With an I-485 you can adjust your status in the U.S without having to leave the country, but if someone arrived without documentation, then they will not be able to apply for their green card this way.

Those who arrived without documentation have to apply through a Waiver of Inadmissibility form and demonstrate how their removal from the country would cause severe hardship to a U.S or permanent resident spouse or parent. In this application, children are not included. At the end of this process the applicant will be required to attend an interview in the U.S consulate in their respective country.

Can I sponsor myself for an H1B?

Yes, this is through a loophole in the application process. While H1B applicants normally need the sponsorship of an employer to work, those who have their own company can sponsor themselves if their business is also under the direction of a separate CEO or board then sponsorship can be created through them.

Can I apply for asylum after one year?

Not quite. However, as of 04/01/2021 there has been an on going lawsuit in the case of Mendez Rojas et al., v. Wolf et al. regarding immigrants claiming that they were not given adequate notice of the one year deadline. Therefore those who have not filed for asylum within a year of their arrival may be able to do so. Generally however, after the one year deadline, one is unable to apply for asylum unless there is some extraordinary circumstances that prevented filing within the one year deadline or a change in conditions in the applicant’s home country that occurred after one year of the applicant’s arrival. If asylum is unavailable, one can still apply for Withholding of Removal, which is similar to asylum in the sense that it allows one to remain in the United States, but it does not carry the same benefits as asylum and one cannot get their green card through withholding of removal.

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