Naturalizations have reached a 14-year high, a year after President Biden directed federal agencies to promote naturalizations by removing bureaucratic barriers in the citizenship process, expediting case adjudications, and developing a government-wide strategy to boost eligible immigrants to become citizens.

United States Visa Changes and New Visa Programs in 2022

Ukraine Relief in the United States

Ukrainians who would face extreme hardship if forced to return to homelands devastated by armed conflict or natural disasters are eligible for the relief, which is known as Temporary Protected Status.

Learn more about TPS for Ukrainians.

EB-5 Investor Visa Regional Center Program is Back

In March 2022, the Senate approved a reauthorization of the EB-5 Regional Center Program – the EB-5 Reform and Integrity Act of 2022 (“Integrity Act”) as part of the FY 2022 Consolidated Appropriations Bill. The same bill had been passed by the House the night before.

Learn more about the EB-5 Investor Visa program returning.

US Immigration Reaches H-1B Immigration Visa Cap

In March of 2022, the US received enough applications to meet the federally mandated 65,000 H-1B visa ceiling for the fiscal year 2022.

This year, the USCIS was required to hold three visa lotteries in order to reach the mandated quota of 65,000 normal visas and 20,000 master’s visas. The agency had also performed two lotteries the previous year, which was uncommon. After the first round of choices, the USCIS usually gets a sufficient number of applications. Because there were insufficient applicants after the first lottery, the US immigration office held a second random selection in July 2021.

Learn more about the H-1B Visa Cap.

Biden Administration Proposes New ID Card for Migrants

A new national identification card program for unauthorized immigrants has been suggested by the Biden administration. The “ICE Secure Docket Card program” would provide temporary ID cards to border crossers and other undocumented immigrants so they could legally identify themselves while navigating their immigration cases or removal court processes.

Learn more about New ID cards for migrants.

H-2B Visa Cap Update

Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 workers being invited each half of the year. On September 14th, 2022, the USCIS announced that the as of September 12th, 33,000 H-2B visas had already been issued to qualified candidates. Cap-subject H-2B petitions requesting employment start dates prior to April 1, 2023, will now be rejected by USCIS.

Learn more about the H-2B cap update.

Do You Need Help Immigrating to the United States?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1-on-1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

What is a K-1 Visa?

The K-1 visa, also known as the US Fiancé(e) visa, allows a United States citizen to sponsor his/her fiancé(e) to come to the US in order to get married. This option applies to a relationship in which one partner is living abroad and the couple is engaged to be married. If you are a US citizen interested in bringing your foreign partner to the United States in order to get married, you will need to file a Form I-129. This is the first step to obtaining a K-1 nonimmigrant visa!

K-1 Visa Interview

If you have been approved through the application portion of this visa process, you will be asked to attend a K-1 Visa immigration interview. The applicant will be notified about the interview date, time, and location and what supporting documents to bring. The notification is usually sent within 30 days of the application’s approval, while the interview will generally take place four to six weeks after the embassy or consulate’s initial notice. In this interview, the couple will be asked questions about themselves, their relationship with their fiance, and their intentions in the United States. Your goal will be to prove to the immigration officer that you are coming with true intent to live and reunite with the love of your life!

K-1 Visa Period of Stay

When granted a K-1 visa, you will be granted this status for 90 days before you MUST marry your fiance. This is something that you’ve agreed to already within the K-1 visa application process and marrying within 90 days is mandatory.

Can I Extend My K-1 Visa?

There is no way to extend your K-1 visa status because you MUST be married within 90 days followed by adjusting your status. Failure to marry within 90 days once you’ve arrived in the United States, your partner and their dependents (if any) will need to depart. Those who do not depart before their status expires may face deportation which could affect their future eligibility for US immigration benefits.

K-1 Visa to Green Card Process

Step 1: Petition for Fiance(e)

First, you will need to file a Form I-129 to petition for your fiance(e). The USCIS will then assess your forms and supporting documents coming to a decision. If approved, your application is sent to the DOS National Visa Center (NVC).

Do You Need Help Adjusting Your K-1 Visa to Green Card?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1-on-1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

The procedure is quite simple. While the TN visa is valid, applicants may bring their spouse and children (under 21) to the United States. Dependent family members are eligible to apply for a TD visa. If the application is granted, the dependents will obtain an I-94 record identifying their length of stay in the United States, which is normally the same as the TN visa holder.

TD visa holders are not permitted to work in the United States, but they are permitted to study at US universities without the need for a student visa. The duration of stay can be extended if the dependents have a valid passport that extends beyond the duration of their stay, have not broken the terms of their stay in the United States, and have not committed a felony. The procedure of requesting an extension should begin at least 45 days before the I-94 record expires.

Can I Apply for a Green Card While Being on a TN Visa?

The TN visa does not permit dual entry. That implies you should not apply for a green card while you are on this visa. You can, however, apply for a US green card by changing your visa category to a non-immigrant category such as H-1 or L-1. They are visa categories with dual intent.

One might enter the country on the TN visa and then ask the company to sponsor them on the H-1 or L-1 visa. Another possibility is to return to Canada and apply for a US green card while being a Canadian citizen. In that scenario, your application will be handled in accordance with the priority date.

However, there is an exemption for American citizens born in Canada. They can apply for a green card by establishing their familial ancestry.

Can I Move to Canada So I Can Get a Green Card?

When it comes to green cards, Canadians are treated in most ways the same as any other immigrant to the United States. However, their ability to get some types of temporary visas, like the TN visa as we’ve mentioned above, may assist them in establishing a connection with a U.S. company eager to eventually sponsor them for a green card.

Do You Need Help Immigrating to Canada or the US?

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

Visas for Canadians Moving to Texas

Work Visa

The first thing you must determine is why you are relocating to the United States. This will decide the immigration procedure you must follow. If you’re moving to the United States to work or live permanently, you’ll have three major options. Most of the time, your company will sponsor you for a visa that allows you to live and work in the nation. Acquiring the necessary immigration employment permit necessitates approval for one of the three visas listed below:

• Work Permit
• Temporary Work Permit
• Permanent Resident Card/Green Card

Business and Investment Visa

If you are going to the United States to establish a business or invest, you will need to get a Business Visa or an Investor Green Card. There are several sorts of business and investment visas, both temporary and permanent.

• Business Visa
• Investor Visa

Family Sponsorship

Canadians can get a green card as a permanent resident by marrying a US citizen or being an immediate relative of a US citizen. The procedures you must take to apply for a family sponsorship Green Card will vary depending on your situation.

Moving from Alberta to Texas Checklist

Contact an Immigration Lawyer

You should always consult with an immigration lawyer when you’re crossing borders to ensure your trip doesn’t hit any bumps with border security.

Find a Place to Live

Finding a place to reside should be one of your first priorities. Also, be sure you register with the appropriate authorities, which includes the Canadian Embassy. You should also register a bank account so that you can manage your funds and pay your taxes, which in Texas are fairly substantial. The procedure of creating a bank account is pretty simple and uncomplicated. You may be required to provide:

• Proof of employment/self-employment is required.
• Residence permit.
• Valid identification, such as an ID or passport.
• Texas tax identification number (must be obtained from the local tax office).

Finances and Texas Bank Account(s)

Immigrant financial access is critical when relocating to a new nation. You may rely on these financial services as an immigrant to send payments, cash checks, and pay your expenses. The first thing you need to do is create a bank account with both a USD and a CAD account. While the documentation necessary varies greatly depending on the bank, you will normally need two things:

• An identification number
• Proof of identity, and proof of address—a government-issued picture ID will suffice.

Healthcare

Obtaining health insurance as soon as you arrive in the United States should be one of your first priorities. You must live in the United States and be a citizen or national to participate in a coverage program (or be lawfully present). In addition, you cannot be imprisoned.

Healthcare services are offered by private enterprises in the United States. Unless there is an unusual instance (disability, unemployment, living near or below the poverty line), the government has little to no role to play in this. Citizens must take responsibility for their own well-being.

Residents of the United States can choose/facilitate from a variety of healthcare programs. This includes the following:

• Private medical insurance is available.
• Medicaid
• Medicare

As a Canadian immigrant, we strongly advise you to obtain insurance as soon as possible. As a new immigrant, you may want to look into New Immigrants Health Insurance. Companies such as Sirius International, Seven Corners, and Lloyd’s Of London will be among them. You can also choose a Short Term Health Insurance policy, which will give temporary coverage while you travel to and settle in the United States.

Drivers License

To register for a driver’s license throughout most states in the United States, you must provide your Social Security Number. We recommend that you bring all of your identification documents, including your passport, foreign driver’s license, birth certificate, and proof of your lawful immigration status.

Reasons Why Canadians Are Moving to Texas

Cost of Living

Even though it is not the cheapest state to live in, the cost of living in Texas is quite low when compared to other states. Texas is about 9% less expensive than Canada.

No State Income Tax

Texas, unlike most other US states, does not collect a state income tax. It generates revenue from sales and uses tax, property, and corporate income taxes. In Houston, the projected monthly cost for a family of four is roughly $USD 2,916.02 without rent and around $USD 823.92 for a single person without rent.

Strong Job Market

Texas’ thriving economy makes it simple to find work, with firms like Tesla and Black & Decker creating over 1,000 new positions every day. Many of these positions pay more than the national average, and the state’s unemployment rate remains lower than the national average. You can find work in a wide range of industries, including the following:

• Technology
• Healthcare
• Education
• Oil
• Business
• Aerospace
• Engineering

Weather

The year-round warmth of Texas is a key lure for folks who are tired of lengthy, chilly winters. While certain parts of Texas suffer hot, humid summers, plentiful air conditioning helps to alleviate the pain, and the temperate temperature the rest of the year allows you to enjoy the outdoors in any month.

Great Education

In Texas, there is no shortage of educational possibilities. According to U.S. News & World Report, the University of Texas—Austin and Texas A&M University are two of the largest public colleges in the country. Both colleges have around 40,000 undergraduate students. Texas also has a number of prestigious midsize colleges and private universities.

Fewer Government Regulations

Texas, like Florida, has very minimal rules and regulations when it comes to health and safety (like Coronavirus). This is a very drastic change from what those living in Alberta face as far as government rules and regulations go. Texas is known for its model of relatively less government spending, no personal income tax, less tax burden, and less labor market regulation.

Unique Culture

There is no other location like Texas. The warmth of its people, the liveliness of its art scenes, the uniqueness of its cowboy culture, and the depth of its variety make it a one-of-a-kind location to live and work.

Diversity

The diversity of Texas contributes significantly to its lively, bustling culture. Houston alone has 145 languages spoken, while the state as a whole is the second most diverse in the US. Individuals who opt to relocate to the state are drawn to the state’s richness and inclusivity as a result of its variety.

Immigration Lawyer for Canadians Moving to Texas

We have helped many individuals and families move from Alberta to Texas – and we can help you too!

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

The “best passports” are graded by the number of countries to which passport holders get visa-free entry. Canada and the United States both made the top 10 list for best passports to hold in 2022. Afghanistan, like in previous years, receives the lowest score, making it the world’s least powerful passport. Afghan passport holders are only allowed to travel to 26 countries without a visa. Iraq (28), Syria (29), Pakistan (31) and Yemen (33) are also among the lowest-ranking countries.

Best Passports in 2022:

1. Japan, Singapore (192 destinations)

2. Germany, South Korea (190)

3. Finland, Italy, Luxembourg, Spain (189)

4. Austria, Denmark, France, Netherlands, Sweden (188)

5. Ireland, Portugal (187)

6. Belgium, New Zealand, Norway, Switzerland, United Kingdom, United States (186)

7. Australia, Canada, Czech Republic, Greece, Malta (185)

8. Poland, Hungary (183)

9. Lithuania, Slovakia (182)

10. Estonia, Latvia, Slovenia (181)

Getting a US or Canadian Passport

In order to qualify for a passport in any country, you must become a citizen of that country.

Learn more about becoming a US citizen.

Learn more about becoming a Canadian Citizen.

Want to Get a US or Canadian Passport?

We have helped thousands of families and individuals become citizens of Canada / US and we can help you too!

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

Changes to H1-B Work Visas

The newest regulatory proposals released by the Biden administration suggest that the government would continue to modify the H-1B visa program for professional employees, including boosting their compensation. Other future changes to the H1B visa program, according to forecasts by the US Citizenship and Immigration Service (USCIS), include:

• The H-1B employer-employee relationship should be redefined.
• Establish new site visit standards for employers.
• Clarify the regulations for F-1 students who are waiting for their status to be changed to H-1B.
• Clarify that if there are major changes to employment, such as a changing workplace location, an updated or new H-1B visa petition must be filed.

Increases to Filing Fees for Visas

In September 2020, a federal judge threw down a prior attempt to raise USCIS fees for certain immigration petitions. There is evidence, however, that the USCIS is not operating on a strong financial footing and need additional funding to handle backlogged petitions. As a result, the Department of State is planning to hike visa application filing costs at consulates in January 2022. The USCIS, on the other hand, proposes to raise petition and application filing costs in March.

Premium Processing Time Increases

The USCIS’s premium processing program ensures that certain employment-based visa petitions are processed quickly. The USCIS promises that the petition will be handled within 15 days or the petitioner’s filing money will be refunded. In 2022, this service is scheduled to be extended. The particular details of the new final regulation, such as the case categories eligible for premium processing, processing times, costs, and implementation dates, remain unknown. The enhanced service is expected to be accessible for applications including Employment Authorization Documents, I-539 applications to prolong or alter status, and EB1, EB2, and EB3 green card applications, according to reports.

Visa Processing Times Will Be Faster

In hopes that the COVID-19 outbreak will begin to fade, consulates will reopen and will need to ramp up visa processing in order to catch up on backlogs. The focus will be on enhancing processing efficiency, which will include more online video interviews. Increases in government fees should result in more people joining the workforce to meet the high demand for faster application processing.

Relief for Regional Center EB-5 Investor Immigrants

In 2022, a law similar to the Foreign Investor Fairness Protection Act will be introduced to give relief to foreign investors who engaged in the regional center EB-5 program. The measure will allow these investors to be grandfathered in, allowing them to get green cards.

Build Back Better Plan

President Joe Biden’s Build Back Better Plan proposal has been put on hold until 2022, as Democrats at all levels of government conceded that a Senate vote would not be achievable by the self-imposed Christmas deadline due to logistical and intraparty issues.

Are You Interested in Immigrating to the US in 2022?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

President Biden has made several adjustments to the US immigration system about a year into his term, ranging from modifications inside the different immigration agencies to bigger developments.

US Visa Changes and Updates 2021

New H1-B Visa Rules

In the start of 2021, the USCIS announced a final rule that would alter the H-1B Visa cap selection process by amending the current lottery procedures, and prioritize wages to protect the economic interests of US workers. Doing so, this would also ensure that most highly skilled foreign workers benefit from the temporary employment program.

US Hits H2-B Visa Cap

The USCIS announced that employers can no longer hire foreign workers under the H-2B visa category for the first half of the 2022 fiscal year. This is because the mid-year H-2B visa cap was met on September 30th, 2021. This also means that any H-2B visa requests for an employment start date before April 1, 2022, will be rejected unless they are exempt.

Expansion of Work Authorization Eligibility for L-2, H-4 and E Dependents

As the year draws to a close, certain dependents can rejoice after a November settlement instructing USCIS to enhance work authorization eligibility for L-2, H-4, and E dependents. Benefits are contingent on individual circumstances, thus we recommend that L-2, H-4, and E dependents visit their attorneys to discover whether benefits are available under the new paradigm.

2021 Policy Changes

Biden Reverses Trump’s Plan on Legal Immigration

After taking office, President Biden lifted the freeze on Green Cards that former President Trump made in 2020. Biden stated in his proclamation that “shutting the door on legal immigrants does not advance the interest of the United States”.

Travel Restrictions

The US stayed on top of the continual developments in travel and COVID-19 during the full year of 2021. There were several updates on which countries were temporarily prohibited from entering, vaccine requirements, processing delays, and so forth.

International Entrepreneur Rule Relaunched

In May 2021, the Biden administration has stated their plan to promote the program and revive the International Entrepreneur Rule. Later the DHS announced it will resurrect the IER program, as it “goes hand-in-hand with our nation’s spirit of welcoming entrepreneurship.” The move comes in response to venture capitalist firms, which have urged the administration to back the program and enable potentially thousands of start-up founders to move or remain in the US to grow their businesses.

Changes at USCIS

As part of a larger effort to be more inclusive and transparent, USCIS implemented a number of significant improvements. In March, the agency changed the term “alien” to “noncitizen” or “undocumented noncitizen” in its policy handbook to characterize immigrants. It also said it will put a new method of calculating processing times for immigration applications to see if it might make them “more accurate, timely, and understandable.” The Senate also made history by appointing Ur Jaddou as the next Director of USCIS, making her the first woman and the first person of Arab and Mexican ancestry to manage the agency.

Are You Interested in Immigration to the United States in 2022?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Click here to fill out the FREE Immigration Assessment form below and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

Family, Employment, Special Immigrant, Refugee or Asylee Status, Human Trafficking and Crime Victims, Victims of Abuse, Other Categories, and Registry.

There are many different avenues to obtain a Green Card. Below you will find how to qualify for a Green Card through ‘Other Categories’.

Learn more about How to Get a Green Card.

Who is Qualified for a Green Card Under ‘Other Categories’?

Why Legal Help for Green Cards is Important

In order to be successful with the US Permanent Resident immigration procedure, many pieces of the puzzle need to fit into place. For most people, it is overwhelming to ensure that all the steps are properly met without the help of a legal expert. With an opportunity to obtain a Green Card through other categories, why squander your chances by attempting to complete the complicated process on your own? With guidance and preparation from an immigration lawyer, your chances of success are significantly increased.

Why Hire Us to Assist a Green Card Case?

The path toward obtaining a Green Card through other categories is a great opportunity. Having our experienced staff guide you through the process greatly increases your chances of becoming a U.S. permanent resident. We have helped thousands of individuals to successfully get U.S. permanent residence through Other Categories, and we can help you too!

Why Gender ‘X’ Was Added to US Passports

This is big news to many individuals in the LGBTQ+ who are looking to live comfortably being who they are! This change came after a discrimination lawsuit by Dana Zzyym, an intersex and nonbinary Colorado resident who argued it was impossible to get a passport with their accurate gender because “female” and “male” were the only options.

The US State Department said in June that they were moving toward adding a third gender marker for nonbinary, intersex and gender-nonconforming people but that would take time because of required updates to its computer systems. In addition, a department official said the passport application and system update with the “X” designation option still awaited approval from the Office of Management and Budget, which signs off on all government forms. 

The department now also allows applicants to self-select their gender as male or female, no longer requiring them to provide medical certification if their gender did not match that listed on their other identification documents.

“…the Department of State’s commitment to promoting the freedom, dignity, and equality of all people – including LGBTQI+ persons” – State Department spokesperson Ned Price

Do You Need Professional Immigration Help?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

Medicare Requirements

There are a few key differences in requirements for Medicare for green card holders. Like all American citizens, you’ll need to be at least 65 years old to qualify. There are also some residency and work requirements to consider.

Residency Requirements

To qualify for Medicare you’ll need to be a permanent resident of the United States. While there are some alternative health insurance options for new residents, you’ll have to live in the United States for 5 years in a row to benefit from Medicare.

Work Requirements

You’ll also need to have worked in the United States for at least 10 years (or 40 quarters) to qualify for this government benefit. These years don’t need to be consecutive, unlike the residency requirements.

If you’ve worked 40 quarters throughout your life and meet all other requirements, you’re eligible for Medicare Part A without premiums.

Are There Any Exceptions?

In some cases, if your spouse qualifies for Medicare, you can also apply even if you don’t meet these outlined requirements. 

If your spouse has been an American citizen for at least a year or is a fully-insured green card holder, then you’re more likely to be eligible for Medicare when you don’t meet working or residency requirements.

Costs For Medicare Depending on Your Work History

If you have a full 10 years or 40 quarters of working in the United States, then you can enroll in Medicare Part A. For each quarter, you’ll need to have earned more than $1470 for it to count towards your 40 working quarters.

You can still purchase Medicare Part A insurance if you don’t fulfill the working requirements. 

Is the Enrollment Process Different?

If you’re a green card holder applying for Medicare, the process is no different than for anyone else. Your initial enrollment period begins three months before your 65th birthday and ends three months after. 

It’s very important to apply within this time period so that you avoid penalties for delaying coverage. If you’ve received Social Security benefits for more than four months before turning 65, then you might be automatically enrolled in Medicare Part A and B. 

Visit the Social Security Administration website to check if you’re already enrolled and choose what Medicare plans you’d like to enroll in.

What to Do If You’re Not Eligible for Medicare

There are many private insurance plans available to you if you need healthcare coverage before you fulfill residency or working requirements. Many choose to use visitors or travelers’ insurance while they work towards meeting these requirements.

While Medicare enrollment requirements are a little different for green card holders, the overall enrollment process is the same for all eligible American residents.

Look through the visual below for more information on Medicare for green card holders and to take our Medicare eligibility quiz if you’re still unsure about your options.

Eligibility Requirements for Registry

A U.S. petitioner, medical test, or financial affidavit of support are not required for Registry applicants. An individual without a record of lawful entry for permanent residence is eligible for registry under current legislation if they fit the following criteria:

• You entered the United States prior to Jan. 1, 1972
• You have resided in the United States continuously since you entered
• You are a person of good moral character
• You are not ineligible for naturalization (citizenship)
• You are not removable (deportable) under Section 237(a)(4)(B) the Immigration and Nationality Act (INA). You are not inadmissible under Section 212(a)(3)(E) of the INA or as a criminal, procurer, other immoral person, subversive, violator of the narcotics laws or alien smuggler

Required Documents for Green Card Registry

You should submit the following evidence with your Form I-485:

• Two passport-style photos
• Copy of government issued photo identification
• Copy of birth certificate
• Copy of passport page with nonimmigrant visa (if applicable)
• Copy of passport page with admission (entry) stamp (if applicable)
• Form I-94, Arrival/ Departure Record (if applicable)
• Evidence that you entered the United States prior to Jan. 1, 1972
• Evidence to establish continuous residence since entry

Note: An individual applying under the registry provisions is not required to undergo a medical exam.

Can Undocumented Immigrants Get a Green Card?

Yes! The immigration registration procedure has been in existence for more than a century, and it represents our country’s historical sense of justice in allowing long-term illegal immigrants the opportunity to transition to legal status.

Green Card for Victims of a Crime

You must hold U nonimmigrant status and complete certain eligibility standards to apply for a Green Card as a crime victim. The U-1 nonimmigrant visa is for victims of certain crimes who have been subjected to severe physical or mental abuse and are willing to assist in the investigation or prosecution of the crime.

U-2 (spouse), U-3 (child), U-4 (parent), or U-5 (sibling) nonimmigrant status may be granted to qualifying family members of U-1 nonimmigrants.

Green Card for U-Visa Eligibility

You must satisfy the following conditions to be eligible for a Green Card based on U-1 nonimmigrant status:

• File the Form I-485.
• You currently hold a U nonimmigrant visa.
• You have been physically present in the US for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant.
• You have not been unreasonably refused to provide assistance in the investigation or prosecution of the qualifying criminal activity.
• You are not inadmissible.
• Your presence in the US is justified on humanitarian grounds.

How to Apply for a Green Card as a U Visa Holder

If you currently are in the United States and hold an active U Visa, then you may qualify for a Green Card. You will need to file Form I-485 which is the application to register Permanent Residence or Adjust Status.

Green Card for Victims of Human Trafficking

If you have T nonimmigrant status and complete all of the conditions, you may be able to become a lawful permanent resident (get a Green Card).

Green Card for T-Visa Eligibility

As a primary T-1 nonimmigrant, you must complete the following requirements to be eligible for a Green Card:

• You currently hold a T-Visa.
• You have been physically present in the US for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant.
• Since your admission as a T-1 nonimmigrant and during your stay, you have demonstrated high moral conduct.
• You meet one of the following:
  • Since your admission as a T-1 nonimmigrant and until USCIS makes a decision on your Form I-485, you have complied with every reasonable request for assistance in the investigation or prosecution of acts of trafficking.
  • If you were expelled from the United States, you would face tremendous hardship as well as uncommon and serious injury; or
  • You were under 18 years of age at the time of the trafficking.

Furthermore, you must be allowed to the United States as a lawful permanent resident before applying for a Green Card. Otherwise, any waivable grounds of inadmissibility that relate to you must have been waived by USCIS.

How to Apply for a Green Card as a T Visa Holder

If you currently are in the United States and hold an active T Visa, then you may qualify for a Green Card. You will need to file Form I-485 which is the application to register Permanent Residence or Adjust Status.

Green Card for Asylees

Eligibility for an Asylum Green Card

As an asylee, you must satisfy the following conditions in order to be eligible for a Green Card:

• You submit Form I-485, Application to Register Permanent Residence or Adjust Status, in a timely manner.
• When you file Form I-485, you must be physically present in the United States.
• You have been physically present in the United States for at least a year after receiving asylum; you continue to fit the description of a refugee, or you are the spouse or child of a refugee;
• You have not established a permanent residence in any other country;
• Your asylum grant has not been revoked;
• You are qualified for lawful permanent residence in the United States or a waiver of inadmissibility or other kind of relief.

How to Apply for the Asylum Green Card

1. Complete the Form I-485.
2. Assemble the necessary supporting papers.
3. Obtain the necessary filing fees.
4. Submit your forms and supporting documents to USCIS.
5. Attend your appointment for biometrics services.
6. Attend your interview for a Green Card.
7. Get your Green Card for Asylum.

Required Documents for the Asylum Green Card

• Form I-485, Application to Register Permanent Residence or Adjust Status with the required fee or with Form I-912, Request for Fee Waiver;
• Proof of your grant of asylum (such as a copy of the letter, decision of an immigration judge, or Form I-94, Arrival/Departure Record that shows the date you were granted asylum);
• Evidence of one-year physical presence in the U.S.;
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate (if available);
• Copy of your passport page with nonimmigrant visa (if available);
• Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if available);
• Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, for example, when USCIS requests it or in person at your interview, if any);
• Certified police and court records of criminal charges, arrests, or convictions (if applicable); and
• Form I-602, Application by Refugee for Waiver of Grounds of Excludability (if applicable).

Green Card for Refugees

Eligibility for the Refugee Green Card

In order to be eligible for a Green Card as a refugee, you must meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You were admitted into the United States as a refugee under section 207 of the Immigration and Nationality Act (INA);
• You are physically present in the United States at the time you file your Form I-485;
• You have been physically present in the United States for at least one year after your admission as a refugee at the time you file your Form I-485;
• Your refugee status has not been terminated;
• You have not already acquired permanent resident status; and
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.

How to Apply for the Refugee Green Card

1. Complete the Form I-485.
2. Assemble the necessary supporting papers.
3. Obtain the necessary filing fees.
4. Submit your forms and supporting documents to USCIS.
5. Attend your appointment for biometrics services (refugees do not need to pay for biometrics).
6. Attend your interview for a Green Card.
7. Get your Refugee Green Card.

Required Documents for the Refugee Green Card

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Proof of your admission as a refugee  (such as a copy of Form I-94, Arrival/Departure Record that shows the date you were admitted as a refugee);
• Evidence of one-year physical presence in the U.S.;
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate (if available);
• Copy of your passport page with nonimmigrant visa (if available);
• Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if available);
• Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable);
• Form I-693, Report of Medical Examination and Vaccination Record;
• Certified police and court records of criminal charges, arrests, or convictions (if applicable); and
• Form I-602, Application by Refugee for Waiver of Grounds of Excludability (if applicable).

Senate Parliamentarian Rules Against Plans

On Sunday, September 19, 2021, Senate Parliamentarian Elizabeth MacDonough announced that this plan can not be included in the reconciliation bill. During the bill ruling, MacDonough stated that nearly 7 million individuals who are in the US would be given the chance to adjust their status. This means the reconciliation bill would increase by $140 billion over 10 years due to the expansion of the social safety net and benefits programs it would require.

Other Options for Illegal Immigrants in the United States

Family Sponsorship/Marriage-Based Green Card

Those who are immediate relatives to a US citizen are able to apply for family sponsorship eventually adjusting to a Green Card and permanent residency. This very popular immigration category is specifically for spouses, parents, and children under the age of 21 years old. For marriage-based green cards, when marrying an undocumented spouse, your spouse must have entered the US legally prior. Oftentimes, even if an undocumented individual has overstayed their visa, marriage-based green cards may be granted after marrying a US citizen.

DACA

The DACA program was created to protect around 800,000 individuals referred to as DREAMers who have entered the US unwillingly as children. When accepted into the DACA program, the US does not grant them official legal status or a pathway to citizenship, but it does allow them to apply for a driver’s license, social security number, and work permit.

Asylum Seekers

Those in the United States who have suffered persecution in their home country or would be persecuted if they returned to their home country may be granted asylum status. In general, the eligibility for asylum requirements include:

• You present in the United States (legal or illegally)
• You are unable or unwilling to return to your home country due to past persecution or have a well-founded fear of future persecution if you return
• The reason for persecution is related to one of five things: race, religion, nationality, membership in a particular social group, or political opinion
• You are not involved with an activity that would bar you from asylum

U Visa for Criminal Activity Victims

The U Visa was introduced to encourage undocumented immigrants to report serious crimes instead of living in fear. This is a 4-year visa that is solely for victims of criminal activity and who are willing to help authorities with the investigation if needed. You may be eligible for a U Visa if:

• you are the victim of qualifying criminal activity
• you have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity
• you have information about the criminal activity (if you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf)
• you were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime (if you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf)
• the crime occurred in the United States or violated US laws
• You are admissible to the United States (if you are not admissible, you may apply for a waiver on a Form I-192)

It’s Important To Understand All Your Options!

Although VisaPlace does not offer specific services for illegal immigrants looking to stay and live in the United States, we are here to help you understand your options! VisaPlace has helped many individuals successfully adjust their status in the United States as undocumented immigrants.

Contact VisaPlace today! All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help

The CDC is in charge of assuring that non-citizens entering the United States do not have any health problems that might endanger the country’s public health as a whole. In doing so, all green card applicants must show proof of COVID-19 immunization as part of their Form I-693 medical exams starting October 1, 2021. Anyone who refuses to be vaccinated and does not qualify for one of the agency’s few exemptions will be considered inadmissible to the US.

How Do I Show Proof of Vaccination?

As proof of vaccination, green card applicants may provide an official vaccination record or a copy of a medical document stating that they were vaccinated against COVID-19. According to the CDC, self-reported vaccination doses will not be accepted in the United States unless they are accompanied by written evidence from a doctor or “other appropriate medical personnel.”

Individuals must be vaccinated with either the Pfizer-BioNTech, Moderna, or Johnson & Johnson vaccine. The CDC will also accept different COVID-19 vaccines as they are recommended by its Advisory Committee on Immunization Practices.

A negative COVID-19 test will NOT be accepted as proof of vaccination and will not allow you admissable to the US through a green card.

Exemptions from Receiving the Vaccine

The CDC guidance lists the reasons for exemption from this requirement as follows:

• Applicants who are too young to receive the vaccine
• Applicants who have a medical contraindication to the vaccine
• Applicants who do not have access to one of the approved COVID-19 vaccines
• Applicants can also apply for a waiver of the vaccine requirement on religious or moral convictions grounds

Exemptions based on religious or moral convictions are considered on an individual basis. USCIS will determine if an individual waiver is granted, not the civil surgeon or CDC.

What Happens If I Refuse a COVID-19 Vaccine?

COVID-19 is now classified as a “Class A inadmissible condition” by the CDC, and failing to vaccinate against a vaccine-preventable disease makes a person ineligible for a visa.

If an applicant declines one or more doses of a COVID-19 vaccination series and is unable to get a waiver, the authorized civil surgeon will certify that the immunization requirements are incomplete. As a result, the applicant will very certainly be found inadmissible and ineligible for lawful permanent residence status.

Need An Immigration Lawyer to Help With Your US Green Card Application?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.