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The Social Security Dilemma of Nurses

Posted on January 28, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a nurse and have just passed the NCLEX. I have a hospital who is more than willing to sponsor me. However, I have a big problem. In order to apply for the Green Card through the Nurse Petition, I need to have my unrestricted State License. Under normal circumstances people can get their license as soon as they pass the NCLEX. However, I cannot get my license without a social security number. I cannot get a social security number without a work permit. So, I am stuck. I am so close to getting the Green Card, yet not able to continue. Is there anything I can do?

ANSWER: Yes there is. This has been a considerable problem. It is a very unfortunate problem in that there is a severe shortage of nurses in the United States. Because of that shortage one would think that the INS regulations would not put up so many hurdles to bringing nurses into the country. The INS has finally seen this dilemma and now has created a solution.

Unfortunately the NCLEX is only offered inside the U.S., and therefore, it is necessary for many nurses who come here on visitor visas to take the NCLEX while in the U.S. However, while on a visitor visa, the nurse does not qualify for the social security number.

The irony of this is that these people would have to go back to their home country to take the CGFNS, wait outside the U.S. for over one year, and then come back in the country as a lawful permanent resident. The CGFNS does not mean that the nurse is licensed to practice nursing in the United States. Rather, it states that a nurse is likely to pass the NCLEX when she/he arrives in the United States. Once inside the U.S., then the nurse must take the NCLEX. Here is the irony. A person who has passed the NCLEX already, but cannot get the social security card had to go back to their home country to take the CGFNS in order to show that it was likely that they would pass the NCLEX.

Sometimes it is silly laws like this that prompt action to be taken. Now, the Immigration and Naturalization Service will accept a nurse petition upon presentation of a certified copy of a letter from the state of intended employment which confirms that the alien has passed the NCLEX examination and is eligible to be issued a license to practice nursing in that state.

QUESTION: Now that I know that I can submit the application for the Nurse Petition with proof of passing the NCLEX, when can I adjust my status to that of a lawful permanent resident?

ANSWER: Now, because you are immediately eligible to file the nurse petition, otherwise known as the I-140, you are also eligible to file for the adjustment of status simultaneously. This means that you can file both the I-140 nurse petition and the I-485 adjustment of status petition at the same time. You will get your temporary work permit in about 90 days and then be able to legally work while awaiting final approval on both the I-140 and the I-485 adjustment.

 QUESTION: Will I be able to leave the United States while I am awaiting the results of the I-140 and the I-485?

ANSWER: Yes. You can apply for what is known as Advance Parole. This will allow you to leave the United States while the petition is pending and to return without a problem.

This new regulation is most welcome. Hopefully, the INS will see other types of problems in the future and amend the regulations to ease the problems in applying for the visas.

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How can I become a U.S. Citizen?

Posted on January 27, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been in the United States for many years and would like to become a U.S. Citizen. Can you tell me how someone qualifies?

Answer: You may become a U.S. citizen (1) by birth or (2) through naturalization. Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens. If you were born in the United States, including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands, you are an American citizen at birth. Your birth certificate is proof of your citizenship.

If you were born abroad and both of your parents are U.S. citizens and at least one of your parents lived in the United States at some point in his or her life, then in most cases you are a U.S. citizen.

If you were born abroad and only one of your parents is a U.S. citizen, then in most cases, you are a U.S. citizen if ALL of the following are true: One of your parents was a U.S. citizen when you were born; Your citizen parent lived at least 5 years in the United States before you were born; and at least 2 of these 5 years in the United States were after your citizen parent’s 14th birthday.

If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent’s 14th birthday.

Question: If I have my Green Card, how do I become a naturalized citizen?

Answer: If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the “Application for Naturalization” (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the “Application for a Certificate of Citizenship” (Form N-600) to document their citizenship. Qualified children who reside abroad use the “Application for Citizenship and Issuance of Certificate under Section 322” (Form N-600K) to document their naturalization.

Question: What are the requirements for naturalization?

Answer: Basically, you need to have been a permanent resident for at least five years (unless you became a lawful permanent resident through marriage to a U.S. Citizen which changes the time to 3 years) and need to have been physically present in the U.S. for at least 2 ½ of the previous 5 years with no absence for more than 6 months. You must have good moral character and be able to speak, read and write English.

Question: When does my time as a Permanent Resident begin?

Answer: Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card shows where you can find important information like the date your Permanent Residence began.

Question: If I have been convicted of a crime but my record has been expunged, do I need to write that on my application or tell an USCIS officer?

Answer: Yes. You should always be honest with USCIS about all arrests (even if you were not charged or convicted) and convictions (even if your record was cleared or expunged). Even if you have committed a minor crime, USCIS may deny your application if you do not tell the USCIS officer about the incident.

Thus, you might be a U.S. Citizen without knowing it if one of your parents or both are U.S. Citizens. Alternatively, if you have committed a crime, or ineligible for some reason to Naturalize, USCIS might put you into deportation if you wrongfully apply for Naturalization. Therefore, you should make certain you qualify before you apply.

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The new T Visa for victims of Severe Trafficking

Posted on January 22, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a friend that has been in a most unfortunate circumstance. She was actually kidnapped from her home and sold into the underground world of sex slaves. Somehow, she escaped and fled to the U.S. She has no higher education or any job skills and no other family in the U.S. Is there anything she can do to stay here in the U.S.?

Answer: Yes, there is a new visa named the T Visa. To qualify, the person must be a victim of severe trafficking in persons. This can be a sex slave as you have mentioned, or it can be other forms of trafficking in persons such as slaves or involuntary servitude of any kind. The services provided must have been done under coercion or force.

Question: What must my friend do to avail herself of this T Visa?

Answer: First, she must be a victim of severe trafficking of persons. Next, she must be physically in the U.S. on account of such trafficking. If she is older than 15 years old, she must have tried to get the law enforcement officials in her home country to try to stop the acts. She must also show that if removed, she will suffer extreme hardship and harm. The application must be filed at the INS Service Center where she is present.

Question: My friend is too young to make it by herself, even if she gets the T Visa. Can her parents come and help and live with her?

Answer: Yes, the family members of a T Visa holder can get what is known as derivative status. This means that the parents and children (if they exist) can apply for the derivative T Visa. This is unique in visas. Normally, the parents do not derive any benefits from a visa obtained by their child. However, in this case, because of the nature of the visa, Congress has sought to allow parents to avail of this relief. The derivative applications must be sent along with the original application by the primary applicant.

Question: How long will my friend be able to stay on T status?

Answer: It can be issued for up to three years. There is no renewing this visa. However, after the three years, your friend can apply for Lawful Permanent Residency. Additionally, as long as the principal applicant (your friend) remains eligible, the family members also on T Visa can apply for Lawful Permanent Residency themselves.

Question: Assuming my friend gets the visa, is she guaranteed to get the Green Card?

Answer: Unfortunately, there is never a guarantee when it comes to immigration. However, in this case, there are specific provisions that allow INS to revoke or take away the visa status. The regulations do not specifically state how or why INS would revoke it, but assumably if the threat no longer exists, or they found out that it was obtained through fraud or misrepresentation, they could decide to revoke the visa. If this happens, they could be removed from the U.S. However, on the whole, this T Visa appears to benefit people who suffer extreme and outrageous conduct by other people. This is the United States stating to the world that anyone who is subjected to this cruelty will be welcome and allowed inside the U.S.

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The Visa with Multiple Faces

Posted on January 20, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have tried to come to the United States on different types of visas, but have been denied at each turn. I cannot get a Visitor Visa and do not qualify for an H-1B work visa. I have also been denied the Student Visa. Do you have any suggestions?

Answer: The J Visa is very versatile. One can come in on the J Visa for many types of purposes. For example, the J Visa is available for students, professors and research scholars, short-term scholars, trainees, specialists, foreign medical graduates, international and government visitors, teachers, camp counselors and au pairs.

Question: Can you explain in some more detail what is involved with these categories?

Answer: For the students, a J is available for persons going to colleges that have been approved with a J Program. Students under certain conditions are allowed to work.

A trainee is one of the more popular uses of the J Visa. A trainee as an individual participating in a structured training program conducted by the selecting sponsor. The primary purpose of the trainee category is to enhance the exchange visitor’s skills in his or her specialty or non-specialty occupation through participation in a structured training program and to improve the participant’s knowledge of American techniques, methodologies, or expertise. The following areas are available for issuance of the J-1 Visa. Arts and culture; information media and communications; education, social sciences; library science, counseling and social services; management, business, commerce and finance; health-related occupations; aviation; the sciences, engineering, architecture, mathematics, and industrial occupations; construction and building trades; agriculture, forestry and fishing; public administration and law; and various other occupations as specified by the sponsor.

A J-1 specialist is defined as an individual who is an expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills. This category does not include professors, research scholars, short-term scholars, or foreign physicians in training programs. This type of J-1 can by used in lieu of the H-1B.

The au pair program permits foreign nationals to enter the United States for up to one year to live with a U.S. host family and participate directly in the home life of the family while providing limited child care services and attending a U.S. post-secondary educational institution.

Professors and research scholars may be sponsored as J-1 exchange visitors to engage in research, teaching, lecturing, observing, or consulting at research facilities, museums, libraries, post-secondary accredited educational institutions, or similar institutions.

Foreign medical graduates sponsored by accredited academic institutions with designated exchange visitor programs may come to the United States as exchange visitors for the purposes of observation, consultation, teaching, or research.

Teachers may be sponsored as exchange visitors to teach full-time at accredited primary or secondary educational institutions.

Secondary school students may come to the United States as J exchange visitors for up to one year to study at a U.S. public or private secondary school, while living with a U.S. host family or at an accredited U.S. boarding school.150 Participants must pursue a full course of study at an accredited educational institution for at least one and not more than two academic semesters.

A camp counselor is an individual selected to be a counselor in a summer camp in the United States who imparts skills to American campers and information about his or her country or culture. Participation in camp counselor exchange programs is limited to foreign nationals who are at least 18 years old and are bona fide youth workers, students, teachers, or individuals with special skills.

The summer/student travel work program is a program that authorizes foreign university students to travel and work in the United States during their summer vacations to involve the students directly in daily life in this country through temporary employment opportunities.

As you can see, the J Visa offers many options. While there may be a two-year foreign residency requirement, many times this type of visa offers the only hope for getting into the U.S.

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Immigration Article: What did we celebrate on July 4th?

Posted on January 19, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I became a Lawful Permanent Resident several years ago, and am very grateful. However, there are several persons that I know that are not so lucky. They are still fighting to obtain legal residency in the U.S. Some are in deportation proceedings. Some are hiding in the shadows of America. Some are fearing everywhere they go. Are there any new leaders in Congress and should we give thanks of an elusive freedom that is so difficult to obtain?

 Answer: Recently, the President of the American Immigration Lawyers Association (AILA) wrote on this subject. I think it best to simply quote him. He states:

‘From the moment that terrorists attacked the United States last September, AILA has consistently supported measures legitimately required to guarantee our national security without eroding the fundamental rights guaranteed by the Constitution.

 AILA gratefully recognized President George W. Bush’s leadership when he reminded the nation that neither the Arabic community in the United States, nor the members of the Islamic faith throughout the world, are in any way responsible for the terrorist acts of criminals. And AILA called on leaders from both sides of the aisle to put the national interest above partisan considerations.

 Midterm Congressional elections are eminent, and the siren song of perceived political advantage has started to separate the opportunists from the statesmen. Events of the last few days have, as they say, given opportunism a bad name.

On June 20, the Dallas Morning Herald quoted Representative George Gekas, Chair of the House Subcommittee on Immigration, Border Security, and Claims (noting Census Bureau estimates that the undocumented population tops 8 million), as saying: “There are thousands among those millions, perhaps millions among those millions, who have exactly that kind of mind set . . . to become terrorists.”

Term limits resulted in Lamar Smith relinquishing the Immigration Subcommittee Chair in 2000. While never an immigration advocate, George Gekas, it was said, was no Lamar Smith. Could he possibly believe that there are millions of terrorists lurking among us? Had the Chair misspoken or had he unearthed an opportunist’s play book and thus signaled a sea change? Perhaps significantly, Mr. Gekas retained Smith’s subcommittee staff. And, to Mr. Gekas’s evident surprise, reapportionment has made his District more competitive, thus resulting in a serious challenge; he now must fight to win an 11th term.

Our answer came soon enough. On June 26, 2002, Mr. Gekas introduced the “Securing America’s Future through Enforcement Reform (SAFER) Act” (H.R. 5013).

SAFER is a cynical amalgam. It is over 200 pages long, but much of it can be categorized as: (1) piling on (in increasing penalties for offenses that may already be substantial); (2) redundant; and (3) grandstanding (taking credit for proposals that may eventually be enacted in other legislation). To be sure, SAFER contains some novel twists that are more than a little offensive and more than a little dangerous. (Mr. Gekas’s summary of SAFER was posted on the News Flash section of InfoNet and will remain available as Doc. No. 02062731; the text of the full bill will be posted as soon as it becomes available.) Legislatively, SAFER is irresponsible, but as its sponsors well know, it is also DOA. However, that is not the point. The point is that the political calculations were made and Representative Gekas cast his lot; he has bought FAIR’s agenda of Fear and Loathing wholesale.

 This week we celebrate our independence. The first July 4th after September 11, 2001 promises to be especially poignant. It is a particularly appropriate time to rejoice in America’s liberty and diversity and to remember the sacrifices of our people, who for four centuries, have come to these shores from every corner of the world to cultivate, nurture and defend our freedom and way of life. America is immigrants and the children of immigrants. This year a second day is just as important as July 4th to validate and affirm our nation’s freedom: our election day, Tuesday, November 5.

 I trust that on this July 4th we will hear and think a lot about fundamental American values. Between now and November 5 we must redouble our efforts to preserve these values. No one is better equipped to rebut anti-immigrant rhetoric than AILA attorneys. Don’t let mindless or hateful rhetoric go unchallenged. Write Opinion pieces and Letters to the Editor and be proactive in encouraging your clients to do the same. Go back to the basics–actively support candidates who have the courage to stand up for fundamental American values, immigrant rights and the rule of law. Encourage each of your eligible clients to naturalize, to register, and to vote. (A brochure, in both English and Spanish, with state-by-state voter registration information can be found on the InfoNet–go to “Advocacy Center,” then click on “Take Action” followed by “Vote Drive”). And oppose the politicians who have cynically chosen to use this moment of national crisis to undermine our heritage as a nation of immigrants, who would curtail the fundamental freedoms guaranteed by the Constitution. Write a check, support our friends and be sure that our foes pay the price. The tools you need are at your fingertips, through InfoNet.

The late North Carolina Congressman Richardson Preyer would began a campaign by telling the troops “It’s bumper sticker, door bell ringing time again.” So it is. Let us begin.’

Let us never take for granted the freedoms which we enjoy. There are people in our very backyard who will attempt to limit those freedoms and take them away from us.

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HOMELAND SECURITY. WHAT DOES IT MEAN?

Posted on January 14, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have different petitions going through for my family. Other relatives are unfortunately in Removal/Deportation Proceedings. I understand that government is planning on restructuring certain departments. Will they restructure INS, and if so, what does that mean for us?

Answer: It appears as though either some or all of INS will be part of the new cabinet level division of the government. It will be known as Homeland Security. However, if it is done in a rash manner without giving the immigrants their rights, then it will hurt those immigrants trying to get her legally and to become legal in the future.

An effective, efficient, and fair immigration system is crucial to our national security and is fundamental to which we are as a people and as a nation of immigrants. Our immigration system must be reorganized. Our immigration system needs to be restructured on the basis of longstanding principles outlined by lawmakers, policy experts, and immigrant advocates.

These principles include: coordinating the separated enforcement and service functions, placing a strong leader in charge of both functions, and adequately funding enforcement and services.

If our immigration functions are included in the new Homeland Security Department, they must be reorganized within a separate division headed by a strong leader.

Question: What exactly will this new department do?

It is unclear at this time exactly what will happen and when it will happen. However, a new division, Immigration Services and Security, should be created within the Department of Homeland Security, headed by an Undersecretary who is knowledgeable about both services and enforcement. Immigration Services and Security should be made up of three sections: Immigration Services, Border Security, and Interior Security.

To enhance our security and support our border functions, a Transportation and Commercial Goods Security division also should be created. This division, along with the Immigration Services and Security division, would replace the proposed Border and Transportation Security Division.

The proposed Homeland Security Department must address concerns about civil rights, oversight, privacy, due process, and visa processing. The new agency must include an office to ensure that the constitutional and civil rights of all persons are protected as the agency carries out its national security mandates.

Policy development for visa issuance needs to remain a function of the State Department to avoid the chaos that would result from separating policy and process and to best address our foreign policy and U.S. business interests.

The Executive Office of Immigration Review (EOIR) must remain outside of the Department of Homeland Security, and be constituted as an independent agency in order to guarantee the impartiality and checks and balances of our justice system. Otherwise, it will be as though the Prosecutor is both the opposing attorney and the judge on the same case.

In order for any reform to be effective, Congress must take the time to get it right, overhaul our immigration laws, and protect both our nation and our values and traditions.

Creating a Department of Homeland Security is an enormous undertaking, and Congress must take the time to get it right. We cannot afford the mistakes and oversights of a hasty examination. There is too much at stake.

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A new way to beat Deportation

Posted on January 12, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been here in the U.S. since I was six years old. About 12 years ago, I committed a drug crime of possession for sale. I was sentenced to 4 months. Now, all these years later, I have been put into removal proceedings where INS is trying to deport me. I have been told that I am an aggravated felon and there is nothing I can do. I have further been told that I will most likely be deported away from my family including my U.S. Citizen spouse and three U.S. Citizen Children. I have never done anything else criminally and it was just a stupid mistake when I was young. I have changed, have a good job, a family with U.S. Citizens and many community ties. Is there anything I can do?

Answer: As the law stands now, there is very little you can do. This is a result of the 1996 laws which increased dramatically the laws on what was considered to be an aggravated felony. It has torn families apart for many years since 1996. People who have become long term residents in the U.S. and have their Green Cards found out it did not make any difference. They were still deported. Furthermore, they found out that they were barred from coming back into the U.S. for the rest of their lives. Congress has seen all the suffering caused by the unfair and anti-immigration laws of 1996 and just this week the House Judiciary Committee passed the 2002 Due Process Reform Bill. While it still must be passed by the Senate and signed by the President, it is an excellent step in giving back some of the due process rights lost by long term residents who were put in deportation proceedings because of various crimes.

Question: How does this particular bill help me?

Answer: Please note that the Senate might change some of the provisions, or the President might require some alternate items in the bill. However, as the bill stands now, it applies specifically to people who previously had their Green Cards. They were or are going to be placed into deportation or removal proceedings because of a crime they committed. They are considered to be an aggravated felons and do not qualify for the normal Cancellation of Removal.

Question: What is Cancellation of Removal?

Answer: Prior to this bill there was a section of the bill referred to as Cancellation of Removal for Certain Lawful Permanent Residents. Generally, you had to have your Green Card for at least five-years and be physically present in the U.S. for at least seven-years. Finally, and this is the item that disqualified numerous people, is that you cannot be convicted of an aggravated felony.

Question: What does the new bill allow?

Answer: Basically it deals with the Cancellation of Removal for people who have committed aggravated felonies. In the new bill, it expands the Cancellation of Removal so that it allows people whom have been convicted of aggravated felonies to still keep their Green Cards and stay in the U.S. It deals with three different scenarios. First, people who have been convicted of a non violent aggravated felony. Second, people who were convicted of a violent aggravated felony. Finally, people who have been convicted of an aggravated felony and came to the U.S. as a young child. Each of these provisions allows a person to remain in the U.S. and to not be deported if the Judge grants the Cancellation of Removal. Therefore, this is a very big step toward restoring some of the harsh anti-immigrant provisions of the 1996 law. Hopefully, this trend will continue so that families can be reunited and the tearing apart of immigrant families will stop. .

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Title: Why am I penalized because my father became a U.S. Citizen?

Posted on January 11, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have seen your previous articles on the new Age-Out provisions of the law just recently passed. My father filed a petition for me around 1993. I am from the Philippines. He was a Lawful Permanent Resident at the time. Three years ago he became a U.S. Citizen. I was actually called for the interview at the U.S. embassy in the Philippines, but when they found out my father was a U.S. Citizen, they said my visa number was not current and made me leave. Can I still avail of this new law?

Answer: Yes. The President of the United States has just signed a bill referred to as the Child Status Protection Act. While a large part of the bill deals exclusively with persons who are going to ‘age-out’ or turn 21 years old, there is a very specific provision in the bill for people in your situation. It is specifically for persons who are the unmarried sons or daughters of a Lawful Permanent Resident parent. Once petitioned, the visa number availability falls under a certain preference category for Lawful Permanent Residents. That parent petitions them and at some later point naturalizes and becomes a U.S. Citizen. This now moves the petition into a different category where the wait for most of the rest of the world (other than the Philippines) is considerably shorter.

Question: What exactly does this bill do?

Answer: It gives you the right to write the Attorney General and tell him that you do not want the preference to automatically change. In other words, for people in your exact situation, you can make an election for the preference to stay exactly the same as if your mother was still a Lawful Permanent Resident

Question: What exactly does that do?

Answer: It means that you do not have to wait another 5 years to get your Green Card. Let’s pretend that your mother is still a Lawful Permanent Resident. If the priority date is current now, you can apply right now for Lawful Permanent Residency without waiting another 5 years. You will be able to be joined with your family years earlier.

Question: My friend is in the same situation, but she got into the U.S. and her kids did not. Can her children avail of this section?

Answer: Most probably not. Once there has either been a final Adjustment of Status or issuance of Lawful Permanent Residency, the law seems to indicate that derivative beneficiaries (i.e. the children) are no longer eligible. However, if it is still pending, then the law can be taken advantage of.

Question: It seems as though this law just came out. My mother filed the petition for me many years ago. Can I still take benefit of this new law?

Answer: The answer is yes. The law allows you to take advantage of this law if the petition for your family preference was filed, but a visa has not yet been issued, or you have not yet adjusted your status. Also, the petition for the family preference can be pending as of now either with the Department of State or the Department of Justice. It is a very nice law for people especially from the Philippines. Therefore, anyone who has been waiting years for this petition to become current, only to learn that they must wait many more years after becoming a U.S. Citizen, should take advantage of this law right away.

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Title: I’m over 21, but the law says I’m under 21

Posted on January 8, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I know that the Child Protection Act has been passed on August 6, 2002. However, I am still confused if I fall under this provision. Can you help to clarify?

Answer: Yes. The Child Status Protection Act (CSPA) makes certain allowances for people who have become older than 21 years old, but can still have their applications processed as though they are under 21 years old.

IMMEDIATE RELATIVES: The first category is Immediate Relatives. These people will be able to be considered to be able to immediately apply to adjust their status to that of a Lawful Permanent Resident, even though they may be over 21 years old. If you are in the U.S. and want to adjust your status to that of a Lawful Permanent Resident, there are a couple of grounds upon which to do this under the Immediate Relative provisions of the CSPA.

If you are under 21 years old when a petition is filed for you by your U.S. Citizen parent, you will be considered to have not ‘aged-out’ even if your status is not adjudicated until after you are 21 years old. The critical factor will be when the initial I-130 is filed. It is how old you are on the date the I-130 is filed that will determine if you remain a “child” for purposes of not ‘aging-out’.

Question: What if my parent was a Lawful Permanent Resident when the I-130 was filed, and later became a U.S. Citizen?

Answer: In that case, the critical date that will determine if you are a child who will not age-out will be the date your parent became a U.S. Citizen, not the date the I-130 was filed. For example, let us say that the I-130 was filed when you were 18, and your parent naturalized when you were 20 year old. In this example, even if the adjustment was not done until after you were 21 years old, you would be considered to remain at 20 years old and therefore, not to have aged-out when you turn 21 years old. It makes it critically important that your parent become a U.S. Citizen right way if they are eligible if you happen to be less than 21 years old.

Question: What if my parent is not eligible to become a Naturalized U.S. Citizen? Can I still avail of the CSPA?

Answer: In this case, the date that the Immigration and Naturalization Service will look at to determine if a person is a ‘child’ under the CSPA will not be when the I-130 is filed, nor when the parent would become a U.S. Citizen, but rather, when the priority date becomes current. It is critically important that if you fall under this category, that you make certain that you file for Adjustment of Status within ONE year of the priority date becoming current. Otherwise, you cannot fall under the provisions of the CSPA.

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Title: Will I qualify for a work permit?

Posted on January 6, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, what must I do?

Answer: First, based upon your degree, you qualify for what is known as a Specialty Occupation Work Visa. This is also known as the H-1B. It is meant for positions which require specialized knowledge and where a college degree is the norm for the industry. Therefore, your position would qualify. You would need to be hired as an accountant.

Question: How do you know that an accountant is a specialty occupation?

Answer: There are many sources that can be viewed from the Department of Labor. These sources are either on the internet, or in printed publication. It basically states what the normal duties for the particular position are and what are the normal educational requirements needed to successfully perform the job.

Question: What type of company must sponsor me?

Answer: As an accountant, any company can sponsor you. Every company can use an accountant. If you had said that you had a degree in biology, your sponsoring companies would have to be much narrower. They would specifically have to deal with biology. The H-1B can be full-time or part-time.

Question: Do I have to leave the U.S. to get the visa?

Answer: Yes, you would have to leave the U.S. to get the visa. However, should you want to stay in the U.S., you can get a change of status from B2 (Visitor), to H-1B (Specialty Occupation Work Visa) Then, you would not have to leave the United States in order to start working for the company. However, if you did leave the United States, you would have to get the Visa in order to return to the United States. It is always possible to get the Visa approved at INS, but to get it denied at the Consulate. You would want to take this into consideration if you decided to leave after successfully getting your status changed to H-1B.

Question: How long does it take to get the answer from INS on whether they will approve the H-1B Petition?

Answer: Now it is taking from 6 to 9 months depending where you live. Should you want it much faster than that, you can put it through INS via Premium Processing. This is exactly what it implies. It goes to the top of the stack and is processed by INS within 15 days of receipt. All you need to do is pay INS $1,000.00 for them to process it as a Premium Process case. If they do not get the answer back to you within 15 days, then you get your $1,000.00 back.

Thus, the H-1B is a very good visa for someone with a college education to have. If you can get a sponsor related to your college degree, then you can see if the H-1B can be done. Usually, it is issued initially for 3 years and can be extended for another 3 years. In cases whereby the person has applied for Labor Certification and has waited for a considerable period of time, they can now apply for an even further extension of the H-1B. It is one of the nicest and most popular work visas available.

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