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I AM A PERMANENT RESIDENT… HOW DO I…GET A RE-ENTRY PERMIT?

Posted on June 15, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I need to leave the U.S. and am wondering if there is anything I need to do. Can you help?

Answer: As the Holiday Season approaches, it is important for Permanent Residents to review the rules and regulations regarding travel outside of the United States and proper procedures for obtaining a Reentry Permit. A re-entry permit can help prevent two types of problems: (1) Your Permanent Resident Card becoming technically invalid for re-entry into the United States (U.S.), if you are absent from the U.S. for 1 year or more. (2) Your U.S. permanent residence being considered as abandoned for absences shorter than 1 year, if you take up residence in another country.

A re-entry permit establishes a presumption that you did not abandon status, and it allows you to apply for admission to the U.S. after traveling abroad for up to 2 years, without having to obtain a returning resident visa. Re-entry permits are normally valid for 2 years from the date of issuance.

You may also want to get a re-entry permit if you plan on traveling outside the U.S. and cannot, or do not wish to get a passport from your home country. Many countries throughout the world may allow you to use a re-entry permit much like you would use a passport–placing necessary visas, and entry and exit stamps in the permit–so you may use it as your main travel document. Be sure to check with the country(ies) you plan on visiting about their requirements before you travel.

Question: What will happen if I do not apply for a re-entry permit before I travel outside of the U.S.?

Answer: If you are a permanent resident who plans to travel outside of the U.S. for one year or more, it is important that you apply for a re-entry permit before you depart the U.S. If you stay outside of the U.S. for one year or more and did not apply for a re-entry permit before you left, then you may be considered to have abandoned your permanent resident status and may be refused entry into the U.S. if you try to return. If you are in this situation, you should try to apply for a returning resident visa.

Question: Can I apply for the re-entry permit and then leave, even though I don’t have the re-entry permit in my possession yet?

Answer: U.S. immigration law does not require that you have the re-entry document in your possession when you depart, but it does require that you apply for the permit before you leave the U.S. It is possible to send your re-entry permit to the U.S. Consulate or Embassy in the country you plan on visiting, but you’ll need to specifically request this when you file your I-131. If you choose this option, you should contact the U.S. Consulate or Embassy in the country you plan on visiting when you arrive, to let them know how to contact you while you are in that country. The U.S. Consulate or Embassy may then contact you if your application is approved and your permit has arrived there.

If you are planning to use the re-entry permit as a passport, then you will need to wait for it before leaving the U.S. If you cannot wait, you may want to contact the consulate of the country you are planning to visit to find out if you can use other documents to enter.

Question: How do I get a re-entry permit?

Application: If you want to get a re-entry permit, file Form I-131, Application for Travel Document. You should file this application well in advance of your planned trip.

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Why can’t I file My Adjustment?

Posted on June 10, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have just filed under the PERM program and it was very fast. In fact, it only took two weeks after filing. Now I was prepared to file for my Adjustment of Status application, but am told I cannot. What is going on?

Answer: The U.S. Department of State (DOS) has released its monthly Visa Bulletin for July 2005. This is a document which tells us which categories of employment based visas are current and which are not current. It basically lets us know what the processing priority date is. As of July 1, 2005, the third employment-based immigrant visa categories for professional workers, skilled workers, and unskilled workers will have reached their annual limits, and no further allocations of visas in these categories will be possible for citizens of any country through the end of 2005 fiscal year (FY 2005), which ends on September 30, 2005. With the start of the new fiscal year on October 1, 2005, immigrant visas will once again become available in these categories, but it is not possible to predict at this time what cut-off dates the DOS will impose. When retrogression occurs, the adjustment can no longer be filed.

Question: So what is the priority date that is being processed?

Answer: Note that through June 30, 2005, the cut-off date for professional and skilled workers is June 1, 2002; the cut-off date for unskilled workers from all countries is January 1, 1999. This means that you would have needed a Labor Certification priority date before that time. As of now, those categories are ‘U’ or unavailable.

Basically, individuals approved I-140 petitions in the third employment-based preference category for professional and skilled workers may apply for adjustment of status to permanent residence or for immigrant visas through June 30, 2005 only if their priority dates were before June 1, 2002. Adjustment applications received at a U.S. Citizenship and Immigration Services (USCIS) service center on or before June 30, 2005 with the above met criteria are fine. Concurrent filings of the I-140 and adjustment applications were also permissible through June 30, 2005, provided the individual has a current EB-3 priority date for which an I-140 petition has not yet been filed. Again, such cases must have been received at the service center by June 30, 2005.

Question: What happened after June 30, 2005?

Answer: After June 30, 2005, the USCIS will reject all I-485 adjustment applications for third preference workers unless they are for occupations on the Department of Labor’s Schedule A. Individuals who are applying for immigrant visas abroad must have obtained their visas by June 30, 2005.

Recent legislation provided for the recapture of 50,000 employment-based immigrant visa numbers that were unused in FY 2001 through FY 2004. Such numbers are to be made available to employment-based immigrants described in the Department of Labor’s Schedule A and their accompanying spouses and children. Schedule A applies only to professional nurses, physical therapists, and certain aliens of exceptional ability in the sciences or arts. The Schedule A category is now current, meaning that immigrant visa numbers are available to Schedule A workers. The DOS estimates that immigrant visa numbers for Schedule A beneficiaries should be unaffected by the lack of professional and skilled worker EB-3 numbers for the foreseeable future.

With regard to properly filed adjustment applications (whether filed alone based on an approved I-140 petition or concurrently filed with an unapproved I-140 petition), such applications will be held in abeyance for the foreseeable future once EB-3 numbers retrogress on July 1. However, applicants will be entitled to employment authorization documents (EADs) and advance parole while their adjustment applications remain pending.

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PERM: More on Terrorism.

Posted on May 28, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard a great deal of new regulations and rules regarding anti-terrorism efforts. Have there been any new provisions recently that have been added?

Answer: Yes. If you are in Immigration Court and have submitted several different types of applications, there is a new procedure being implemented which is another layer of security checks.

Question: Which applications are applicable?

Answer: The applications are divided into two areas. First, if you apply for Asylum and Withholding of Removal. Secondly would be if you are applying for Adjustment of Status, Cancellation of Removal for Lawful Permanent Residents, Cancellation of Removal for Non Permanent Residents, Suspension of Deportation or Special NACARA Suspension of Deportation.

Question: If you are applying for the first category of Asylum and Withholding of Removal, what must you now do?

Answer: You must send certain documents now to the USCIS Nebraska Service Center. It should be entitled ‘Defensive Asylum Application with Immigration Court.’ You need to send a clear copy of the first three pages of your completed Form I-589 (Application for Asylum and for Withholding of Removal) that you will be filing or have filed with the Immigration Court, which must include your full name, your current mailing address, and your alien number (A number). Do Not submit any documents other than the first three pages of the completed I-589) and (2) A copy of Form EOIR–28 (Notice of Entry of Appearance as Attorney or Representative before the Immigration Court) if you are represented by an attorney.

Question: What will happen after these documents are sent in?

Answer: A USCIS receipt notice in the mail indicating that USCIS has received your asylum application, and an Application Support Center (ASC) notice for you and each dependent included in your application. Each ASC noticewill indicate the individual’s unique receipt number and will provide instructions for each person to appear for an appointment at a nearby ASC for collection of biometrics (such as your photograph, fingerprints, and signature). You should receive the notice within three weeks after submitting the documents to the USCIS in Nebraska. You (and your dependents) must then attend the biometrics appointment at the ASC, and obtain a biometrics confirmation document before leaving the ASC, and retain your ASC biometrics confirmation as proof that your biometrics were taken, and bring it to your future Immigration Court hearings.

Question: What is the procedure for the other applications you stated will be filed in Immigration Court?

Answer: A clear copy of the entire application form that you will be filing or have filed with the Immigration Court. (Do not submit any documents other than the completed form itself); (2) the appropriate application fee; (3) the $70 USCIS biometrics fee and (4) A copy of Form EOIR–28 (Notice of Entry of Appearance as Attorney or Representative before the Immigration Court) if you are represented. You should send it to the USCIS Texas Service Center.

Question: After you send these documents to Texas, will the same procedure be followed as with the Asylum application.

Answer: Most of it is exactly the same. However, with these applications, after you receive your biometrics appointment and get your fingerprints taken, you must file the following with the Immigration Court within the time period directed by the Immigration Judge: (1) the original application Form, (2) all supporting documentation, and (3) the USCIS notice that instructs you to appear for an appointment at the ASC.

Hopefully, this new procedure will not delay proceedings and will move efficiently through the process.

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PERM: I can get my Green Card much faster!

Posted on May 20, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

 Question: I have heard a great deal about the new PERM program. Specifically, that it will take only 60 days or less to rule on the PERM application once it is submitted to the Department of Labor. Does this mean that I can immediately apply for a Green Card after receiving an approved Labor Certification?

Answer: The answer would be yes and no depending on your particular case. The normal procedure for a typical Labor Certification (which is what the new PERM is) would be for the employer to file what is known as the I-140 or employer petition once the Labor Certification is certified or approved. This petition is filed to the USCIS and basically would prove that the person is qualified for the position. If the visa number is available at the time the I-140 petition is filed, then the Adjustment of Status application could be filed at the same time as the I-140. In these types of cases, both subsequent applications to the labor certification could be filed at the same time and things would move very quickly. Of course, this also assumes that you are qualified to adjust your status in the United States to that of Lawful Permanent Residency.

However, in the last month, the EB-3 category for some countries has been backlogged and now has a significant wait before the visa number will become current. There are several categories that people fall under when applying for the Green Card. If the position requires less than two years experience, then it is considered unskilled labor. If the position requires more than two years experience, but does not require a college degree of at least a bachelor, then it is considered skilled labor. If the position requires a bachelor degree, but no type of higher degree, then it is considered a professional position. Thus, unskilled labor, skilled labor and professional positions all fall under the EB-3 category. If the visa number is backlogged, then you must await until the visa number becomes current in order to apply to adjust your status to that of a Lawful Permanent Resident.

Question: Which countries have backlogged EB-3 categories and how long do they have to wait?

Answer: There are three countries that are backlogged. They are China, India and the Philippines. If you happen to be from one of those countries, you must wait until the visa number becomes current in order to process the adjustment application after the visa number becomes current. At the present time, the current processing date is January 2002. Therefore, only if the priority date on the Labor Certification that you filed is on or before January 2002 will you actually be able to file the adjustment application at the present time. It does appear (although this could certainly change) that the wait for people in the EB-3 category would have to wait approximately 3 years for the visa number to be current for any new PERM application that is filed. Of course, it could be more or less depending on how fast the visa numbers are processed.

Question: What if I am from one of those countries, but my job requires a Masters or Doctorate degree?

Answer: In that case, you would not be in the EB-3 category, but rather, you would be in the EB-2 category for positions that require advanced degrees. If this were the case, there is no backlog and you would be able to file the adjustment application right away after the Labor Certification is approved.

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H-1B’s and a Holiday Greeting!

Posted on May 14, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that there are some new H-1B laws that have come out. Can you discuss what these changes are?

Answer: Changes in Certain USCIS Fees as a result of the approval of the FY05 Omnibus Appropriations Act The H-1B and L non-immigrant provisions of the Omnibus appropriations Act reinstate the American Competitiveness and Workforce Improvement Act (ACWIA) fees first put in place after the approval of the ACWIA in 1998. The requirements under the original ACWIA sunset on October 1, 2003. This was where the employer had to pay $1,000 fee for every H-1B petition filed.

For H-1B petitioners, the new fee for petitioners who employ 25 or more Full Time Equivalent employees is $1,500. Petitioners who employ no more than 25 Full Time Equivalent employees (including any affiliate or subsidiary) may submit a reduced fee of $750. The new $1,500 and $750 fees apply to any non-exempt petitions filed with USCIS after December 8, 2004. Certain types of petitions that were previously exempt from the fees remain exempt from the new $1,500 and $750 fees.

Question: I heard there was some type of fraud fee as well. Is that true?

Answer: Yes. The Act creates a new Fraud Prevention and Detection Fee of $500 which must be paid by petitioners seeking a beneficiary’s initial grant of H-1B or L nonimmigrant classification or those petitioners seeking to change a beneficiary’s employer within those classifications. The only petitions exempt from paying this fee are those that seek to amend or extend the stay of the beneficiary. This new $500 fee applies to petitions filed with the USCIS on or after March 8, 2005.

Each of these fees is in addition to the base processing fee of $185 to file a Petition for a Nonimmigrant Worker (Form I-129) and any premium processing fees, if applicable.

Question: Are there any more H-1B’s available?

Answer: Yes. For persons with a Masters degree or higher, there is now an additional 20,000 H-1B visas.

I would personally like to extend my wishes to all the readers and their families for a Merry Christmas and a Happy New Year and a Happy Holiday Season.

As an immigration attorney, I do see families of immigrants being torn apart because of unfair and ruthless immigration laws. I will continue to fight for all of the immigrants and their families so that they can be reunited and together once more.

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Can I Petition My Adopted Sister?

Posted on April 27, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: How Do I Bring a Sibling to Live in the United States?

Answer: This information is for U.S. citizens who wish to bring a sibling to live permanently in the United States. Only U.S. citizens can bring their siblings to live permanently in the U.S. Lawful Permanent Residents can not.

First, you must know exact how the USCIS defines a sibling. A sibling is a brother, sister, stepbrother, stepsister, or adopted brother or sister. For the necessary sibling relationship to exist, each person must have been a child of at least one of the same parents. The siblings need not share the same biological parents as long as both became “children” at the appropriate time (before the age of 16 in cases of adoption, and before the age of 18 for stepchildren).

Question: What must I do since I am eligible to petition my sister?

Answer: A legal immigrant (or “lawful permanent resident”) is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your brother or sister to become a legal immigrant: 1. The USCIS must approve an immigrant visa petition that you file for your brother or sister. Keep in mind that the USCIS is not actually ruling on these petitions until a visa number becomes available. 2. The State Department visa bulletin must show that a sibling immigrant visa is available to your sibling, based on the date that you filed the immigrant visa application. 3. If your brother or sister is outside the United States when an immigrant visa number becomes available, your brother or sister will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your sibling is legally inside the U.S. when an immigrant visa number becomes available, he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

Question: How long must I wait for the visa number to become current?

Answer: Depending on the relationship and the country involved, the wait for an available sibling visa number may be several years. Unfortunately, for people from Mexico and the Philippines, the wait can be as long as 20 years.

Thus, keep in mind that many people such as your sibling sister may be able to come to the United States with an employment based visa much faster. If she has a college degree, she may be able to get an H-1B. She could also get an employer to sponsor her for a Labor Certification which would not take nearly as long.

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No more Work Permits for H-1B’s this year.

Posted on April 13, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a college degree in accounting and an employer that wants to sponsor me. I have been told that I qualify for the H-1B, but that there may be a problem with getting the H-1B adjudicated. My application was submitted about one week ago. I better hurry to get the application in to the immigration. How long do I have?

Answer: Unfortunately, you may be too late for this year. The United States Citizenship and Immigration Services (USCIS) have just announced that the H-1B procedures have reached the cap. In other words, the USCIS announced today that it has received enough H-1B petitions to meet this year’s congressionally mandated cap of 65,000 new workers. After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap.

Question: What does this mean for my application?

Answer: First, the new H-1B’s will start again next October. USCIS has implemented the following procedure for the remainder of FY 2004: 1) USCIS will process all petitions filed for first-time employment received by the end of business on February 17, 2004; 2) USCIS will return all petitions for first-time employment subject to the annual cap received after the end of business today; 3) Returned petitions will be accompanied by the filing fee; 4) Petitioners may re-submit their petitions when H-1B visas become available next October; 4) The earliest date a petitioner may file a petition requesting Fiscal Year 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004.

Question: What about my friend who has an H-1B that is about to expire and needs to get his H-1B extended? Is he also subject to the H-1B cap.

Answer: Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to extend the amount of time a current H-1B worker may remain in the United States, change the terms of employment for current H-1B workers, allow current H-1B workers to change employers, allow current H-1B workers to work concurrently in a second H-1B position.

Question: Are there any other exceptions?

Answer: USCIS also notes that petitions for new H-1B employment are not subject to the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.

Question: What about persons who do not fall into those categories, but must file for the H-1B?

Answer: They cannot file now for the H-1B. However, there are other types of status they could try to apply for if they qualify. Such examples would be the O (Extraordinary Ability), or F (Student) change of status. They must be careful to maintain their status or they will not be able to change their status once the H-1B’s begin again next October.

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Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

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Changes to Immigrant and Nonimmigrant Visa Application Forms

Posted on July 1, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

On May 31, 2019, new questions were added to Form DS-160/DS-156, Nonimmigrant Visa Application, and Form DS-260, Immigrant Visa Application.

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2016 Visa Bulletin

Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

DOS released the Visa Bulletin for January 2016, including the availability of immigrant numbers for “Application Final Action Dates” and “Dates for Filing Applications.” There was forward movement in the “dates for filing” and the “final action dates” for many of the family-based categories. In addition, there was forward movement in the “final action dates” for the employment-based, second preference category for India, which advanced to February 1, 2008, and for the employment-based, third preference category for China, India, Mexico, and the Philippines. The “dates for filing” for the employment-based, third preference category for Mexico advanced to January 1, 2016.

B1 visas

Business visa

B1 visa meaning

ESTA waivers and visa waivers

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Changes in the Visa Waiver Program

Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The White House released a fact sheet on the Visa Waiver Program (VWP), including information on new security changes announced yesterday. The fact sheet states that DHS will immediately take steps to modify its Electronic System for Travel Authorization (ESTA) applications to capture information from VWP travelers regarding any past travel to countries constituting a terrorist safe haven. In addition, DHS Secretary Jeh Johnson issued a statement on steps that have been taken to strengthen the screening of those who are traveling to the United States, including security enhancements to the VWP.

Visa waiver program

Visa waiver process

Visa waiver, questions and answers

Waiver prepared by Immigration Lawyer

 

 

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