On September 19, 2025, President Trump signed a proclamation restricting the entry of anyone in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers had an effective date of 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.
USCIS Issues Guidance
On September 20, 2025, USCIS issued guidance, which noted that the proclamation applies to petitions filed after 12:01 am EDT on September 21,2025. Specifically, USCIS explains the Proclamation does not:
Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
Change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
Prevent any holder of a current H-1B visa from traveling in and out of the United States
Final Thoughts
If you are an employer with H-1B employees or an H-1B employee, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation. This is an ongoing situation that AVA Global is closely monitoring.
When applying for a green card in the United States (U.S.), one of the most important steps is filing Form I-485, Application to Register Permanent Residence or Adjust Status. For many applicants, completing this form can feel overwhelming because it covers so many aspects of personal history, immigration status, and eligibility.
One area that often raises concern is the self-reporting question. This is the section where applicants must disclose past violations, arrests, or issues that may impact their eligibility.
Even if you have no criminal history, this part of the form can feel intimidating. Understanding what the government is asking, and how to answer truthfully, is critical to the success of your application.
What Is the Self-Reporting Question?
Form I-485 includes a series of inadmissibility-related questions. These ask about:
Past criminal conduct (arrests, charges, convictions, or citations)
Membership in certain organizations or participation in prohibited activities
The purpose of these questions is to give U.S. Citizenship and Immigration Services (USCIS) a complete picture of your background. In essence, the government is asking you to self-report anything in your history that might make you inadmissible to the U.S.
Why Full Disclosure Matters
It may be tempting to skip over uncomfortable details, especially if you think they are minor or unlikely to be discovered; however, failing to disclose can be far more damaging to your case than the underlying issue itself. As USCIS has extensive access to personal records such as fingerprints, background checks and prior visa applications, they may already know. Moreover, even small inaccuracies can be interpreted as fraud, which could bar you from getting a green card. Finally, honestly builds credibility and many applicants with minor past issues are still successful in adjusting status.
What If I Have Something to Report?
Not every disclosure will result in denial. USCIS considers context, severity, and whether you are eligible for a waiver of inadmissibility. Some common examples:
Traffic citations: Minor tickets may not affect eligibility, but they should still be reported.
Misdemeanor arrests: Some may trigger inadmissibility, while others may not. An immigration attorney can help you evaluate.
Immigration overstays: In certain circumstances, exceptions or waivers may apply.
Unauthorized work: This can be forgiven in certain family-based cases.
What matters most is providing a truthful account along with supporting documentation such as certified court records, dispositions, and proof of rehabilitation.
How an Immigration Attorney Can Help
The self-reporting section is one of the most high-stakes parts of Form I-485. Answering incorrectly, or without proper legal context, can delay your case or even result in denial. An experienced immigration attorney can:
Review your history to identify what must be reported.
Assess risk factors to determine if past issues make you inadmissible.
Prepare waivers if needed to overcome potential bars to adjustment.
Present your case strategically, highlighting positive factors such as family ties, employment, and community contributions.
Final Thoughts
The self-reporting question on Form I-485 is not meant to intimidate you, but it is a serious part of your green card application. By understanding what USCIS is asking, disclosing your history honestly, and seeking professional legal guidance, you can avoid unnecessary pitfalls and put your application on the strongest possible footing.
If you are concerned about how to answer these questions, or if you have a past issue you’re unsure how to report, our firm is here to help. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
How do I withdraw a petition or application with USCIS?
Sometimes, after an individual has submitted an application or petition to U.S. Citizenship and Immigration Services (USCIS), their plans change, and they want to withdraw it. If you need to withdraw an application or petition that you submitted to USCIS, then it is important to follow the correct procedures to avoid complications.
Why Would Somone Decide to Withdraw a Petition or Application with USCIS?
There are several common scenarios in which someone might decide to withdraw an application or petition. For example:
A petitioner decides not to sponsor a relative for a green card.
An applicant receives an offer they no longer wish to pursue.
A job offer tied to an employment-based visa is no longer valid.
You have decided to file in a different visa category.
Whatever the reason, withdrawing the application or petition must be done thoughtfully and carefully.
Who Can Make a Request to Withdraw a Petition or Application with USCIS?
It is important to note that only the person or entity that signed and submitted the application or petition can request a withdrawal. For example:
If your attorney or accredited representative has submitted a request on your behalf and has a valid G-28 on file, then they can also submit the request to withdraw.
How do I Request to Withdraw a Petition or Application with USCIS?
USCIS does not have a form for withdrawing most types of applications or petitions. Instead, you will typically need to write a letter that includes the following information:
Your full name and alien registration number (A-Number), if applicable
Receipt number of the petition or application you want to withdraw
Date of submission and the form type (e.g., I-130, I-485, I-140)
A clear statement requesting withdrawal of the specific application or petition
Signature of the person who filed the application
Mailing address and contact information
It is very important to send the withdrawal request to the USCIS service center or office that is currently processing your case. You can find this information on the receipt notice (Form I-797) you received when the application or petition was accepted.
Important Considerations
Once a withdrawal is processed, it cannot be undone. If you change your mind later, you most likely will need to refile and pay the fees again.
You won’t get a refund of any fees paid, even if the application is withdrawn before being processed.
USCIS is likely to use your records in future immigration decisions.
If you’re in the U.S., withdrawing an application like Form I-485 (adjustment of status) could affect your legal status, so it is of the utmost importance that you understand the immigration consequences before proceeding.
How to Confirm a Withdrawal
Once your withdrawal request has been processed, then USCIS may send you a written acknowledgment, but not always. If you don’t receive confirmation after a reasonable period (e.g., 30–60 days), you may want to contact USCIS via:
Online tools: Use your USCIS online account or Case Status tool.
Phone: Call the USCIS Contact Center at 1-800-375-5283.
Final Thoughts
Withdrawing an immigration petition or application is a serious step that can have a lasting impact on the petitioner or applicant. If you are unsure of how a withdrawal may impact your situation, then you should consult with an immigration attorney. This is especially important if you’re in the middle of a status change or other legal proceedings.
If you would like additional information on how to withdraw an immigration application or petition, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
If you have recently gotten married and applied for a green card based upon your marriage, then you most likely have received a conditional green card. Conditional green cards are valid for two years. In order to remove your conditions, you must file Form I-751, Petition to Remove Conditions on Residence BEFORE your conditional green card expires. In this article, we will explain how to successfully navigate the removal of conditions process on marriage-based green cards.
Form I-751 – What is it?
Conditions are typically imposed on individuals who apply for a green card based upon their marriage but were actually married for less than two years when the green card was approved. Foreign nationals who have recently gotten married and applied for a green card based upon that marriage will need to apply to remove their conditions by using Form I-751. If you have been issued a conditional green card, but do not file Form I-751 then you could lose your green card status and end up in deportation proceedings; therefore, it is imperative to file Form I-751 on time.
Form I-751 Timeline
You should file Form I-751 during the 90-day window before the expiration of your conditional green card. If you file your application too early or too late, then complications can arise, so it is important to carefully track the appropriate window of time for filing.
It is important to note that if you miss the deadline, then you can still file Form I-751; however, you should add an additional explanation and submit evidence explaining why you missed the deadline. As late submissions are subject to additional scrutiny, we highly recommend avoiding late filing if you can.
Who Should File Form I-751?
Usually, Form I-751 is filed jointly by both you and your spouse; however, there are exceptions to the joint filing requirement in cases where:
Your spouse has passed away.
The marriage has ended in divorce.
You or your child were subjected to abuse by your spouse.
Termination of your status would result in extreme hardship.
If you’re filing under one of these exceptions, then you can request a waiver of the joint filing requirement.
Evidence Required for Form I-751
When you file Form I-751, it is important that you include supporting documentation to prove that your marriage was bona fide and entered into in good faith rather than for immigration purposes. Some samples of documentation we typically recommend to be included:
Birth certificates of children born into the marriage
Photographs from family events and trips
Affidavits from friends and family attesting to the authenticity of the marriage
If you are filing with a waiver, then you will need to provide additional evidence that supports your situation. For example, a death certificate, divorce decree, or documentation of abuse.
Filing Form I-751 to remove conditions from your green card is a critical step toward securing your permanent residency. While the process can seem daunting, understanding the requirements and being well-prepared can make it much more manageable. If you encounter any challenges or have concerns about your case, consulting an experienced immigration attorney can provide valuable guidance and peace of mind.
At AVA Global, we have helped numerous clients file Form I-751 to remove their conditions. If you would like to discuss removing the conditions on your green card, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
This article will you give you tips and will help you prepare for your marriage-based green card interview with USCIS.
If you have filed for a marriage-based green card and have received a notice to appear for an interview with the United States Citizenship and Immigration Services (USCIS), you and your spouse may be feeling quite nervous. This article will help you prepare for that interview by outlining AVA Global’s key steps and tips for a successful marriage-based green card interview.
Step 1: What is the Purpose of the Interview?
If you have been called in for an interview, then the primary goal is for the USCIS officer to evaluate the authenticity of your marriage and assess whether you are eligible for a green card. It is important to remember that the officer will be on the look out for marriage fraud, so s/he will want to ensure that your marriage is genuine and was not entered into solely for immigration benefits. The USCIS will evaluate your relationship through your testimony, documentation, and overall demeanor; therefore, demonstrating an authentic and committed relationship is absolutely critical to the success of your green card application.
Step 2: Gather Essential Documentation
When you are notified, via mail, that you need to appear for an interview, there will be an extensive list of evidence included on the notice that USCIS will expect you to bring. We highly recommend that you organize those items in a binder and familiarize yourself with where they are located so you can easily access them during the interview. The following list of documents are commonly requested, but please note that you should carefully read your interview notice to ensure that you bring everything the government requests.
Government-Issued IDs: You should bring a government-issued ID, including passports, driver’s licenses, and any work permits that have been issued.
Original Documents: You most likely submitted copies of original documents, so you should bring the originals to the interview, including birth certificates, marriage certificate, and any prior divorce decrees.
Proof of Bona Fide Marriage: You may have submitted evidence that your marriage was bona fide with your application, but it is important to bring updated evidence such as joint bank statements, your most recent tax return showing you filed married, a joint lease, mortgage or title, joint insurance policies, photographs of important milestones, joint travel itineraries, birth certificates of your children and anything else that shows you live a joint life, together.
Forms: Bring a copy of all the forms and evidence that was submitted for your green card application.
Step 3: Carefully Review Your Application
It is important to note that any discrepancies can cause red flags, so it is imperative that you and your spouse carefully review the application that you submitted for the green card application. Go through the supporting documents one by one and make sure you are familiar with all the details, including the timeline of your relationship, key dates and other personal information.
Step 4: Prepare and Practice Answering Questions about your Relationship and Future
USCIS officers often ask detailed questions to confirm the authenticity of your marriage. Sometimes, they can come across as a bit aggressive and ask the same question in a few different ways to assess your body language and ensure that your story does not change. Remember, they are on the lookout for fraud, so it is essential that you are prepared to answer questions about your relationship, including:
How did you meet each other?
Where was your first date?
How did you fall in love?
How did the engagement proceed?
What sort of wedding ceremony did you have?
What is your relationship like with other members of your family and friends?
What is your daily routine like?
What are your future plans?
While it is not possible to predict every question, practicing answering questions with your spouse can help you feel more prepared and at ease during your interview.
Step 5: The Interview Details
Double check that you know the exact date, location and time of your interview and that you have the interview notice as well as all the documents requested. If you need a translator, then make sure you make arrangements to bring one that complies with USCIS guidelines.
We highly recommend arrived at least 30 minutes before your interview time as you will need to go through security and check in procedures. It is also important to dress appropriately to convey respect and professionalism.
Step 6: The Interview
Usually, the interview will begin with you and your spouse being interviewed together. If the officer suspects marriage fraud, then they may separate you and interview each of you on your own. If you don’t know an answer to the officer’s question, then it’s better to say that rather than to guess or provide inaccurate information.
The officer will not only listen to your answers, but s/he will also pay attention to your body language. Be sure to make eye-contact and be respectful at all times.
Sometimes, certain factors, such as an age gap, cultural or religious differences or short dating periods, may prompt additional scrutiny from the officer. Be prepared to sincerely explain the circumstances surrounding any of these issues.
Step 7: After the Interview
At the end of the interview, the USCIS officer may provide immediate feedback or inform you that further review is needed. If additional documents are requested, it is important to respond promptly. Processing times very, so be patient while you wait for a response and understand that most notices will come via mail.
If you’re uncertain about any aspect of the interview process or your case involves unique challenges, consulting with an experienced immigration attorney is highly recommended. An attorney can help you identify potential issues, provide mock interview preparation, and guide you through the process. At AVA Global, we include thorough interview preparation as part of our full-service marriage-based green card package.
You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
The United States (U.S.) immigration system is complicated and understanding the different pathways available for obtaining a visa can be daunting. The most common methods are either through consular processing, which is when a foreign national obtains a visa at a U.S. Embassy or Consulate or an Adjustment of Status (or Change of Status) through the United States Citizenship and Immigration Services (USCIS). While both processes aim to grant individuals the ability to visit, study or work in the U.S., they involve distinct processes and considerations.
Consular Processing:
Consular processing is the procedure used by individuals who are outside the U.S.. To obtain a visa, they typically need to schedule an appointment at the U.S. embassy or consulate in their home country. Here is a sample overview of how the process works for a green card application:
Petition Approval: The process begins with a family member or employer filing a petition (Form I-130 for family-based visas or Form I-140 for employment-based visas) with USCIS. Once USCIS approves the petition, it is forwarded to the National Visa Center (NVC).
NVC Processing: The NVC collects the required fees and documents, such as the Affidavit of Support and civil documents. Once everything is in order, they schedule an interview for the applicant at a U.S. consulate.
Interview: At the consulate, the applicant attends an interview with a consular officer. The officer assesses the application, verifies documents, and determines eligibility for the visa. If approved, the applicant receives a visa to enter the U.S.
Entry to the U.S.: Upon arrival in the United States, the visa holder can enter as a permanent resident or for the intended purpose (like work or study), depending on the visa type.
USCIS Adjustment of Status:
Adjustment of status is a process that allows individuals already in the U.S. to apply for permanent residency without having to leave the country. This method is particularly advantageous for those who qualify but are already present in the U.S. Here is a sample overview of how the process works:
Eligibility: Individuals can often, but not always, apply for an adjustment of status (Form I-485) at the same time their family member or employer file a petition.
Application Submission: Applicants submit their adjustment of status application along with supporting documents, including proof of eligibility and an Affidavit of Support, to USCIS.
Biometrics Appointment: After submission, applicants are usually scheduled for a biometrics appointment, where their fingerprints and photographs are taken for background checks.
Interview: In many cases, applicants are required to attend an interview with a USCIS officer who reviews their application and eligibility for permanent residency.
Approval and Green Card Issuance: If approved, applicants receive their green card in the mail, granting them lawful permanent resident status.
Choosing Between Consular Processing and USCIS
The choice between consular processing and adjustment of status largely depends on your current situation, such as your location, visa status, and eligibility. Here are a few considerations:
Location: If you’re outside the U.S., consular processing is your only option. If you’re already in the U.S., you may be eligible for adjustment of status.
Processing Times: Depending on your specific circumstances and country of origin, one option may be faster than the other.
Legal Advice: Consulting with an experienced immigration attorney can help clarify which pathway aligns best with your needs and circumstances.
Whether you are interested in consular processing or a USCIS adjustment of status, our attorneys can help you understand the different advantages based upon your specific situation. You may schedule a consultation with us here or call 970-680-1223. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at U.S. consulates and embassies around the globe!
**The purpose of this information is for general information only and is not to be considered legal advice. Engagement with this post does not create an attorney/client relationship.
When you spend day in and day out working with clients seeking a new life through immigration opportunities, it’s impossible not to relate whole-heartedly to our fellow communities who identify as LBGTQIA and their journey through life.
We know that it’s a very personal fight. We believe in fundamental human rights for all individuals.
Freedom. Humanity. Love. Life. For all.
Pride in Action
The origins of Pride Month represent an organized, intentional liberation movement that started almost a decade prior to the Stonewall Uprising of June 1969. In the following year, the Eastern Regional Conference of Homophile Organizations focused their organizing efforts to create a demonstration called Christopher Street Liberation Day (the street in Greenwich Village where the The Stonewall Inn was located), in essence creating the modern gay rights movement.
Gay is angry print. “Gay is Angry,” protest poster, 1971. Artist: Juan Carlos y Nestor.
The goal was to commemorate and raise national awareness around the significance of the mass-resistance to unfair and unjust targeting of LGBTQ peoples and to demonstrate for equal rights. On June 28th, 1970, the inaugural Gay Pride marches took place around the US in New York, Los Angeles, and Chicago.
“First Class Queer, Second Class Citizen”
Stand Up. Stand Up Stronger.
The activists who championed this work at the time acknowledged that after the Stonewall Uprising, the national stage was prime for creating a lasting movement. They needed the entire country to come together and address the larger struggle – one for fundamental human rights. It’s through their passion and vision that we continue to recognize and honor equal rights for the LBGTQ community.
In honor of this Pride Month, AVA Global is excited to share inspiration from our clients. Keep an eye out throughout the month on our website and social channels for features celebrating the lives and impact of the LBGTQ community.
If you are a member or an ally of the LBGTQ community and considering immigration options for you or your family, please contact us for a consultation.
Three women have been attributed with the collective origination of Mother’s Day. Ann Reeves Jarvis, known as “Mother Jarvis” was an Appalachian homemaker and lifelong activist who, in the mid-1800s, organized “Mothers’ Day Work Clubs” in West Virginia to provide education and help mothers who needed it the most. Active during the Civil War, Mother Jarvis also organized women’s brigades. Post-war, she proposed a Mothers’ Friendship Day to promote peace between former Union and Confederate families.
Julia Ward Howe, a famous poet and reformer known for authoring the famous Civil War anthem, “The Battle Hymn of the Republic,” represented the next voice in the Mother’s Day movement. After personally seeing the cruelty of war, Ward Howe called for mothers to join together to prevent the senseless injury and loss of life. She founded the “Mother’s Day for Peace” and around 1870, called for a “Mother’s Day Proclamation,” Ward Howe’s version of Mother’s Day lasted for about 30 years leading up to World War I.
“Motherhood: All love begins and ends there.”
Robert Browning
Social activist, and daughter of Ann Reeves Jarvis, Anna Jarvis picked up the Mother’s Day torch as she sought to memorialize her mother’s life and honor all mothers by making Mother’s Day a national holiday. Her intent focused on honoring mothers and the sacrifices of motherhood. Jarvis held the first celebration in May of 1908. By 1912, celebrations were held nationally and Jarvis formed the Mother’s Day International Association to promote her campaign for making the holiday official.
In 1914, President Woodrow Wilson signed a bill designating the second Sunday in May as a legal holiday to be called “Mother’s Day”—dedicated “to the best mother in the world, your mother.”
Modern Day Celebration
Today, Mother’s Day continues to evolve and expand, celebrating all those who champion and fulfill the role of mothering – whether mother, grandmother, aunts and more. Beyond carnations and roses, Hallmark cards and other commercialization of the holiday, the team at AVA Global recognizes the importance of mothers all over the world and the selfless contributions made by those who embody the role of mothering.
“A mother’s arms are more comforting than anyone else’s.”
Princess Diana
Mothers and the IR-5 Visa
US citizens (age 21 and over) have the ability to bring their parents to lawfully live and work in the United States by obtaining an IR5 Visa (a family based green card). Parents of U.S. Citizens are categorized as immediate relatives under immigration law (along with a spouse and unmarried children under age 21) and are given priority. There is an unlimited number of immigrant visas available to immediate relatives.
The application path to an IR5 Visa is made up of three parts requiring several forms to be filed with US Citizenship and Immigration Services (USCIS) and/or the U.S. Department of State.
To get started, Form I-130, Petition for Alien Relative, establishes a qualifying relationship with a foreign national relative by an US citizen or permanent resident. The petition also communicates the intention to help that person obtain a green card in the United States. An I-130 approval clears the way for an individual to apply for a green card (lawful permanent residence). Please Note: An I-130 approval does not give the beneficiary lawful status in the United States. It is a prerequisite to filing and application for a green card.
Next steps depend on whether the parent currently resides in the US or outside of the US. For those already in the US, the process starts with an adjustment of status and would file Form I-485, Application to Register Permanent Residence or Adjust Status. The USCIS considers the following three fundamental requires to adjust status (although additional factors may also be considered for an approval):
Be physically present in the United States;
Have an immigrant visa immediately available; and
Have a lawful entry to the United States.
For foreign nationals residing outside the US, USCIS will send files to the National Visa Center (NVC) which will coordinate the transfer of the case to the US consulate in the country where your parent resides. This is known as consular processing. The NVC process most likely includes the following steps: completing Form DS-261 to assign an agent, payment of Immigrant Visa Application Processing fee and Affidavit of Support fee, submission of the Immigrant Visa Application (Form DS-260) through the Department of State website, and submission of various civil records and Form I-864 Affidavit of Support (including all financial supporting documents). This part of the process can take approximately six to 10 weeks, or more if there are significant backlogs.
When the NVC is satisfied that the correct document submissions and fee payments have been completed, the next step will be scheduling an interview at the US embassy or consulate. Applicants will also undergo a medical examination performed by an authorized physician and obtain certain vaccinations before the government will issue the visa.
If you are a US citizen over the age of 21 and would like professional assistance to sponsor your mother (or father and/or qualifying immediate relative), you can schedule a consultation with us here. Our United States immigration attorneys are licensed to practice immigration law in all 50 states and at United States consulates and embassies across the globe!
