ERM Immigration Law, PLLC ERM Immigration Law, PLLC 2026-05-26T14:18:13Z https://www.ermimmigrationlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1604464/2022/12/cropped-ERM-favicon-dark-32x32.jpg On Behalf of ERM Immigration Law, PLLC <![CDATA[Can I Still File for Adjustment of Status in Seattle if I Overstayed My Visa?]]> https://www.ermimmigrationlaw.com/?p=48349 2026-01-27T18:08:25Z 2026-01-27T16:10:57Z Out-of-status vs. unlawful presence It is vital to understand the difference between these two legal concepts:
  • Out-of-status: This means you are no longer in compliance with your visa terms, such as staying past the date on your I-94.
  • Unlawful presence: For most, this begins the day after a fixed I-94 expires. For "duration of status" holders like students, it typically only begins after a formal government finding of a violation. The resulting three- or 10-year bars are only triggered if you depart the U.S. before applying for a lawful permanent resident status.
Distinguishing between these categories is the first step in determining how the government views your current standing and your eligibility for future benefits.

Statutory exemptions for immediate relatives

While Section 245(c) of the Immigration and Nationality Act lists bars to adjusting status, it explicitly exempts immediate relatives of U.S. citizens from bars related to visa overstays. This includes:
  • Spouses of U.S. citizens
  • Unmarried children under 21 of U.S. citizens
  • Parents of U.S. citizens if the citizen is at least 21 years old
If you entered the U.S. legally with inspection, you can often move forward with your application despite a status violation. The law prioritizes keeping families together in the home they have built.

Seeking security in the Pacific Northwest

Immigrants make up approximately 15.6% of Washington state residents and are essential to our local community. You deserve the safety and stability that comes with permanent legal status. While the paperwork is complex, the path to residency is often more accessible than many realize. If you are concerned about your visa history, speaking with experienced Seattle adjustment of status attorneys can help you clarify your eligibility. Taking this step can replace uncertainty with a concrete plan for your family’s future.  ]]> On Behalf of ERM Immigration Law, PLLC <![CDATA[How job loss could affect an immigrant with a work visa]]> https://www.ermimmigrationlaw.com/?p=48192 2025-06-24T16:29:49Z 2025-06-24T16:29:49Z Losing a job can be stressful for anyone. For immigrants on work visas, however, the impact is often more immediate and complex. It may affect your legal status, financial stability and access to healthcare. Worse, it can even affect your family’s future. Thus, knowing what might happen and what you can do next is essential.

Possible effects of job loss

Job loss can have many ripple effects for immigrants. Here are some of the most common challenges:
  • Visa status: Most work visas, like H-1B or L-1, are tied to your job. If your job ends, your legal status may too. The agency grants many visa holders a grace period of up to 60 days to find a new sponsor, change visa types or leave the country.
  • Financial strain: Without a paycheck, covering rent, bills or loans becomes tough. Most work visas don’t allow side jobs, so your primary income could be gone overnight.
  • Health insurance loss: Job-based insurance usually ends with employment. You may qualify for COBRA but it can be expensive. Without a valid status, it’s hard to access other plans.
  • Future employment: You’ll need to find a new job—and a new sponsor—quickly. Not all companies are open to sponsorship. Therefore, you need to act fast and utilize your network.
  • Emotional toll: Job loss can cause significant stress, anxiety, and fear, particularly when it impacts your immigration status. Emotional support from family, friends or a professional can be helpful.
  • Impact on family: If your spouse or children are on dependent visas, their status may also be affected. This can also disrupt school or work plans.
These effects often happen at the same time, which can make the situation feel overwhelming. But there are steps you can take.

What your options are

If you find you lose your job, act quickly but strategically. Here are some of the steps you can take:
  • Consult an immigration attorney. They can help you understand any available visa options for you. These options may include a change of status to a visitor visa or dependent status.
  • Consider employer negotiations to discuss severance terms, COBRA coverage, or potential timelines for sponsorship.
  • Explore self-sponsorship pathways if eligible (e.g., O-1 or EB-2 NIW).
Losing your job can feel overwhelming. However, it does not have to mean the end of your journey in the U.S. With timely action and proper legal guidance, you can overcome this challenge. Most of all, you can go on to build even stronger foundations. If you find yourself in this situation, do not wait. The earlier you explore your options, the more choices you will have.]]> On Behalf of ERM Immigration Law, PLLC <![CDATA[How can permanent residents obtain reentry permits?]]> https://www.ermimmigrationlaw.com/?p=48169 2025-04-07T17:51:44Z 2025-04-07T17:51:44Z Permanent residents must apply before leaving Sometimes, business demands or family matters require an individual's presence in another country for an extended period. When that happens, the permanent resident planning to leave the United States for 12 months or longer must take steps in advance to ensure that they can legally re-enter the United States. A green card becomes invalid for reentry purposes once a permanent resident has been out of the United States for an entire year or longer. In fact, immigration authorities can assume that the permanent resident abandoned their status. Even if the green card itself is still technically valid because it has not expired, the lengthy absence from the United States amounts to an abandonment of permanent resident status. A reentry permit allows a green card holder who has been out of the country for a year or longer to legally re-enter the country after a year or more abroad. Applying for a reentry permit requires the submission of paperwork to the United States Citizenship and Immigration Services (USCIS). Form I-131 provides notice of the intent to travel and to retain permanent residence. Typically, lawful permanent residents must apply at least 60 days before they intend to travel, if not sooner. Learning more about the rules that limit the travel opportunities of permanent residents can be crucial for their legal protection. Getting support while pursuing a reentry permit can help green card holders ensure that they can legally return to the country after traveling abroad for an extended period.  ]]> On Behalf of ERM Immigration Law, PLLC <![CDATA[Why might your adjustment of status application be denied?]]> https://www.ermimmigrationlaw.com/?p=47870 2024-10-21T19:21:22Z 2023-12-01T05:13:43Z The adjustment of status process The adjustment of status is a critical step for individuals seeking to transition from a non-immigrant to an immigrant status while already present in the United States. To start the process, individuals must meet specific eligibility criteria. These may include:
  • Maintaining a lawful non-immigrant status
  • Having an approved immigrant petition
  • Being physically present in the U.S.
However, despite meeting the eligibility criteria, applicants may encounter hurdles that lead to denial. Being aware of these potential mistakes is crucial to navigating the process successfully.

Common reasons for adjustment of status denial

One of the primary reasons for denial is the submission of incomplete or inaccurate documentation. Ensuring all required forms are correctly filled out and supporting documents are provided is paramount. Missing scheduled USCIS (U.S. Citizenship and Immigration Services) appointments can also lead to denial. This is because timely attendance is crucial for the progression of your case. Set reminders and plan accordingly to avoid any scheduling conflicts. USCIS assesses an applicant’s likelihood of becoming a public charge, meaning someone primarily dependent on the government for support. Demonstrating financial stability and meeting the required financial thresholds can mitigate concerns in this area. Certain criminal offenses can also render an applicant ineligible for adjustment of status. Offenses such as fraud, drug-related crimes or crimes of moral turpitude may lead to denial. The adjustment of status process is multifaceted, and several factors can contribute to a denial. Being proactive, thorough and strategic in your approach can enhance your chances of a desirable outcome, as can seeking legal guidance as proactively as possible.]]> On Behalf of ERM Immigration Law, PLLC <![CDATA[Pay close attention to the notices you receive from the USCIS]]> https://www.ermimmigrationlaw.com/?p=47779 2024-10-21T19:21:17Z 2023-11-15T07:03:56Z Those seeking family immigration to Washington State can expect to receive an array of notices and communications from the U.S. Citizenship and Immigration Services (USCIS). Some notices are good, such as the I-797 form, which tells you your application has been received or approved. Other communications could indicate a problem with your case that needs prompt attention. Below is some information about two often-confusing USCIS notifications that may benefit from a legal opinion.

Request for Evidence (RFE)

You may receive a request for additional evidence if the USCIS needs further information or documentation to process your family immigration application. Although getting an RFE notice can be alarming, it does not generally mean your petition is in jeopardy. Examples of information frequently requested in an RFE include birth certificates, proof of marriage and bank statements. Ensure you respond to the notice and include the requested material within the timeframe specified in the letter. Legal assistance may be wise if you have trouble understanding the request.

Notice of Intent to Deny (NOID)

A NOID is a formal letter the USCIS sends when it intends to deny a visa application or petition based on the evidence it has already reviewed. A proper NOID should list the reasons for the decision and include the evidence that supports it. While a NOID is a serious problem, it may not mean your immigration efforts will fail. You have 30 days to respond to the notice and provide evidence or arguments to overturn the decision. If you do not respond or fail to persuade the USCIS, your case may be denied. Guidance from a knowledgeable representative may help you convince the USCIS to reconsider your application.]]> On Behalf of ERM Immigration Law, PLLC <![CDATA[Moral turpitude and immigration]]> https://www.ermimmigrationlaw.com/?p=47769 2023-10-26T18:43:15Z 2023-11-05T10:55:15Z The term moral turpitude is often found in immigration cases. It has significant implications for non-citizens in the United States. It's crucial to understand what moral turpitude means and how it could potentially impact your immigration status. Moral turpitude refers to acts that violate the moral standards of a community. While the concept is broad and open to interpretation, it generally encompasses crimes involving dishonesty, theft and acts that harm others. 

What is moral turpitude?

There isn't a comprehensive list of crimes classified as involving moral turpitude, but they usually include offenses like fraud, theft, assault and certain types of drug and sex crimes. Some lesser offenses might not be considered crimes involving moral turpitude, but it’s up to the interpretation of the immigration authorities. Acts of moral turpitude can significantly impact your ability to enter or stay in the United States. Convictions for such crimes can cause you to be denied a visa or green card. If you're already in the country, a conviction could lead to deportation proceedings. 

Waivers and exceptions

Sometimes, individuals can apply for a waiver to overcome inadmissibility due to moral turpitude. The availability and success of these waivers depend on several factors, such as the severity of the crime and how long ago it occurred. Obtaining a waiver is a complicated process and isn’t guaranteed. While acts of moral turpitude generally hurt immigration, there are some exceptions. Knowing these exceptions can be vital in preparing a solid immigration case, so work with someone familiar with these cases if you think you may violate the moral turpitude requirement for immigration. ]]> On Behalf of ERM Immigration Law, PLLC <![CDATA[Can I bring my parents to live in the United States?]]> https://www.ermimmigrationlaw.com/?p=47767 2024-10-21T19:22:19Z 2023-11-01T10:12:18Z consular processing from outside the U.S. or through adjustment of status if they are inside the U.S.

Is United States Citizenship required to apply for my parents' Green Card?

Yes, to obtain a green card for parents, the child seeking to bring their parent must be a United States citizen by birth, deriving citizenship, or Naturalization. The expanded immigration opportunities available to naturalized citizens include the ability to obtain a green card for a parent. You can also bring your adoptive parents to the US if you are a US citizen by birth and your adoptive parents are foreign nationals, so long as they meet all other admissibility requirements.

What proof of the parental relationship is required?

Depending on the sex of the parent and the relationship their citizen child has had with them historically, there may be a variety of evidence that someone will need to submit to the United States Citizenship and Immigration Services (USCIS) to obtain a green card for their parents. If someone wants to bring their biological mother to the United States, a birth certificate might be the only evidence of the familial relationship required. If they hope to bring a father who was not married to their mother to the country, proof of paternity and a supportive relationship will often be necessary. People without appropriate documentation affirming their relationship with a parent may face challenges.

Do I have to meet any other requirements to petition for a parent?

Yes, there are two other major requirements. You will need to meet basic minimum income requirements to petition for your parent. You also must have reached the age of 21 at the time you file your petition. To learn about all the requirements you must meet you should consult with an experienced immigration attorney.

A parent still must meet certain standards.

Even if someone wants to bring a biological parent to the United States and is a citizen, their parent still needs to be able to meet the standards established by the USCIS for immigration. They will generally need to have medical documentation and be able to pass a thorough background check.

What if my parents have dependents?

As Immediate Relatives of a US Citizen, parents cannot bring derivatives on their own application. They must first obtain their green card, and then they can petition for their dependent in a preference category. Ultimately, seeking legal guidance to understand the requirements better and to receive thoughtful support can make a big difference to those hoping to bring their parents to live lawfully in the United States.]]> On Behalf of ERM Immigration Law, PLLC <![CDATA[How to prepare for a K-1 Visa interview]]> https://www.ermimmigrationlaw.com/?p=47765 2024-10-21T19:28:22Z 2023-10-13T15:31:06Z Preparing for a K-1 visa interview is a pivotal step on the journey to uniting with your fiancé in the United States. As such, it is essential to approach it with diligence and meticulous readiness - your level of preparation can significantly impact the interview's outcome. Below are some valuable tips that can enhance your prospects of a successful interview and the start of your life with your fiancé in the United States.

Document preparation

Make sure all your documents are in order before your K-1 visa interview. This includes all necessary forms, documents and supporting evidence to prove the legitimacy of your relationship, financial stability and background checks, among other requirements. Having the documents ready will also help avoid unnecessary delays.

Communication practice

Expect questions about your relationship, future plans and other personal details during the interview. Remember, you want to exude confidence and certainty when answering these questions. Practicing with your partner can enhance your ability to communicate openly and honestly, and it provides an excellent opportunity to gain a deeper understanding of your fiancé on matters you may not be well versed with.

Punctuality matters

A long list of applicants is scheduled for visa interviews, and the U.S. embassy or consulate may have a tight schedule. Arriving on time for your K-1 visa interview is crucial to ensure everything goes smoothly. Plan your journey to the embassy or consulate carefully, taking into account traffic and other potential delays. Being punctual demonstrates your commitment and respect for the process.

Seek legal help

Navigating the U.S. immigration process, including the K-1 visa application and interview, can be complex. If you are unsure about any aspect of the process, seeking legal assistance is a good idea. Having tailored advice and strategies to address potential challenges can increase your confidence and preparedness for the interview.  ]]> On Behalf of ERM Immigration Law, PLLC <![CDATA[Don’t fall for an immigration scam]]> https://www.ermimmigrationlaw.com/?p=47755 2024-10-21T19:32:15Z 2023-10-02T17:39:54Z Families who plan to immigrate to the United States often have a long road ahead of them. There are many steps that need to be completed and having the right guidance can make the process less complicated. Unfortunately, there are dishonest people out there who will try to take advantage of the situation.  The United States government has warned immigrants about these scammers who will do almost anything to get their hands on your money. Falling for an immigration scam could derail your family’s plans before you set foot on U.S. soil. 

Identifying an immigration scam

The most common scams are conducted by people claiming to be from either U.S. Citizenship and Immigration Services (USCIS) or U.S. Immigration and Customs Enforcement (ICE). In other words, they are impersonating government officials in an attempt to get personal information and money from you. The scammer will either email or call to inform you that one of the following unfortunate situations has occurred. 
  • You have violated U.S. Immigration policies
  • You need to pay additional fees
  • The forms you recently submitted are out of date 
  • Your paperwork is overdue
  • You must pay an Immigration Bond
Should you hesitate or question the caller they will threaten you with arrest or deportation if you are already in the country. 

What to do if you hear from a scammer

U.S. immigration officers want you to know that they will never call you to request money or personal information. If you receive a call like this, hang up. The caller will play on your fears to coerce you into cooperating. Don’t fall for their scam! Instead, seek legal guidance to help you through the process. You should also report the scam here: https://reportfraud.ftc.gov/#/ ]]> On Behalf of ERM Immigration Law, PLLC <![CDATA[Is it possible to speed up the family-based immigration process?]]> https://www.ermimmigrationlaw.com/?p=47753 2024-10-21T19:23:37Z 2023-09-15T05:00:49Z Request expedited service Those with spouses or immediate family members who currently reside outside the U.S. may request the expedited processing of their visa application. However, this service is only for those facing exceptional circumstances or an emergency. In family-based immigration, examples of exceptional circumstances include:
  • Illness or disability
  • Need for urgent medical care
  • Death of a relative
  • Extreme living conditions
Expedited service may also be available when vulnerable people face safety risks without fast application processing.

Contact your congressperson

Congressional representatives assist with family immigration by submitting inquiries to federal agencies on behalf of applicants or sponsors. These inquiries can highlight cases experiencing delays or other problems -- often incentivizing involved agencies to act. While your representative lacks the authority to resolve your case directly, they can use their influence to draw attention to the matter. For example, they can request updates on the application status or ask for faster processing times on your behalf. Of course, legal guidance can be an invaluable resource for those who need a family-based visa as quickly as possible. It can help you ensure that your paperwork is accurate and error-free and safeguard your and your family member's rights.]]>