VISA2US Blog

Applicant processing times can vary significantly depending on whether one is seeking temporary admission to the United States, filing for a waiver of inadmissibility, or seeking a family based benefit.

Special immigrants who have helped the U.S. Armed Forces in wartime may be eligible for a green card in the United States. The following relates to procedural elements for this adjustment based scenario.

There is a two-year period where previous J-1 visa holders need to return home and wait before applying for a U.S. green card/consular processing. The I-612 waives this foreign residence requirement.

The move to get rid of the I-944 Declaration of Self Sufficiency comes at a time when the USCIS is changing some of its policies regarding the burden of evidence needed to judge an immigrant applicant as a public charge. The removal of this form and the re-instatement of a 1999 ruling shows how the agency is taking steps to create more efficiencies with the U.S. immigration system.

Form I-212 can be downloaded from the USCIS website for completion. This form is meant to act as supplementary evidence for eligibility for those who have been found inadmissible to the United States based on a prior removal/deportation. The form is sometimes termed “consent to reapply” and is technically a waiver request.

DS-5540 is used to determine if the applicant in question is likely to become a public charge when they immigrate to the United States, based on their financial situation, but also based on other categories such as educational/skills status and household size.

The I-944 is an extensive form that needs to be attached to the overall green card application for nearly every applicant who filed an adjustment of status application after February 24th, 2020. The details of the form and its requirements are outlined below.