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No. The EB2 NIW waives the job offer and Labor Certification process if the applicant can demonstrate that their work is in the national interest of the United States.

Hold an advanced academic degree (a bachelor’s degree plus 5 years of experience, a master’s, or a doctorate) OR possess exceptional abilities, and meet the three NIW criteria: substantial merit, national importance, and that waiving the labor certification would be beneficial.

Yes. Eligibility depends on the impact of the work, not the specific field. Professionals from areas such as STEM may receive favorable consideration from immigration authorities, but it is not mandatory for all applicants to fall within Science, Technology, Engineering, or Mathematics. What truly matters is demonstrating the real impact your proposal will have in the U.S.

It can vary, but the I-140 processing time may take from 6 to 15 months. With Premium Processing, the timeframe is 45 business days. After the eligibility review, applicants still need to go through consular processing (if outside the U.S.) or adjustment of status (if inside the U.S.), and the duration depends heavily on the queue for each category. Currently, the average time for the EB2 NIW is about 1 to 2 years.

Yes, it is possible to apply both inside and outside the U.S.

NIW stands for “National Interest Waiver.” It is a category within the EB-2 visa that allows a foreign national to apply for a green card without a job offer and without labor certification (PERM), by proving that their stay is in the national interest of the United States.

You can find out by submitting your resume for evaluation. Be Overseas offers a free assessment—you just need to send your resume and basic information.

Those who have proven extraordinary ability in the sciences, arts, education, business, or athletics, with national or international recognition and strong documentation. The person must continue working in their field in the U.S. and demonstrate that their presence will benefit the country.

No. The EB1-A allows for self-petition.

Yes. In fact, it is common to apply while on H1B, F1, or other visa statuses.

It can vary, but the I-140 processing time may take from 6 to 15 months. With Premium Processing, the timeframe is 15 business days. After the eligibility review, applicants still need to go through consular processing (if outside the U.S.) or adjustment of status (if inside the U.S.), and the duration depends heavily on the queue for each category. Currently, the average time for the EB1 is about 6 months to 1.5 years.

You need to present recognized awards like the Nobel Prize or, if you don’t have those, at least three of the following items: Minor awards for excellence; Membership in associations that require outstanding achievement; Media coverage about you in relevant outlets; Serving as a judge of others’ work; Original contributions of major significance in the field; Articles published in scientific or professional journals; Public exhibitions of your artistic work;Leadership roles in reputable organizations; High salary compared to others in the field; Commercial success (box office, sales, etc.). With three or more of these, you may qualify as a person with extraordinary ability.

For EB2, the position being sought must require at least an advanced academic degree or exceptional abilities. EB3 does not have this requirement and typically involves a less qualified position.

Yes, except for the EB2 NIW.

A U.S. employer who can demonstrate the need for the position, has the financial capacity to cover the costs, and is properly registered in the country. Having other employees may help but is not decisive.

No, actually, throughout the entire process before the Department of Labor and USCIS—until a visa becomes immediately available according to the VISA BULLETIN, which can take time—the beneficiary does not have any immigration benefits. This means they must wait outside the U.S. or have another status that allows them to stay legally on U.S. soil.

PERM (labor certification): takes from 1 to 1.5 years, including recruitment and review by the Department of Labor (DOL).
I-140 (Immigrant Petition): after PERM approval, the I-140 takes 6 to 10 months—or 45 business days with Premium Processing.
Adjustment of Status (I-485) or Consular Processing: depends on visa availability in the Visa Bulletin. If the Priority Date is current, I-485 processing can take 12 to 28 months according to USCIS Processing Times.👉 In total, the process can take from 3 to 5 years, or less if all steps proceed smoothly and the visa is available. Waiting times can vary depending on the category (EB2, EB3 – professional, skilled, or unskilled).

You can access the Visa Bulletin on the official website: travel.state.gov/visa/frvi_bulletincurrent.html.
You can also call the Department of State at (202) 663-1541 to listen to a recorded message with the current priority dates.

Immediate relatives include spouses of U.S. citizens; unmarried children under 21 years old of U.S. citizens; and parents of U.S. citizens aged 21 or older. Widows or widowers of U.S. citizens may also qualify if the marriage was legally valid at the time of the citizen’s death, the petition is filed within two years of the citizen’s death, and they have not remarried before obtaining residency. Immediate relatives are not subject to annual visa quotas, which speeds up the process. Relatives such as uncles, cousins, or nephews are not eligible for permanent sponsorship.

No. It is processed with priority.

Approval does not grant immediate legal status. It only recognizes the family relationship between the petitioner and the beneficiary. In the case of an immediate relative (IR), the beneficiary can proceed directly to the green card application—either through adjustment of status if legally in the U.S., or consular processing if outside. But until the green card is approved, they are not authorized to live or work in the U.S.

Since there is no waiting line for visa numbers, the process tends to be faster. On average: I-130 approval: 8 to 12 months. Adjustment of Status (inside the U.S.): 8 to 14 months after the I-130, if entry was legal. Consular Processing (outside the U.S.): 10 to 16 months total, including the consulate interview. Estimated total time: between 12 to 20 months, depending on the location and chosen process.

Yes. The interview is very common, especially in cases of spouses of U.S. citizens (to verify if the marriage is legitimate) and parents or children with inconsistent documents or sensitive immigration history. The interview can be at USCIS if the adjustment is done in the U.S., or at the consulate if the process is consular. During the interview, the officer may ask questions about the relationship and request additional documents.

Family preference categories are intended for more distant relatives of U.S. citizens or permanent residents. The categories are: First Preference (F1): Unmarried sons and daughters of U.S. citizens, regardless of age. Second Preference (F2A and F2B): F2A: Spouses and unmarried children under 21 of permanent residents. F2B: Unmarried sons and daughters 21 or older of permanent residents. Third Preference (F3): Married sons and daughters of U.S. citizens, including their spouses and children. Fourth Preference (F4): Brothers and sisters of U.S. citizens (the citizen must be 21 or older), including spouses and children of those siblings.

Yes. The number of visas available annually for these categories is limited, which creates a waiting list that varies depending on the preference category and the beneficiary’s country of origin. To check your priority date and current position in the queue, visit the Visa Bulletin (published monthly by the Department of State):
👉 https://travel.state.gov/
content/travel/en/legal/
visa-law0/visa-bulletin.html

Yes. Having the family relationship recognized does not guarantee visa or adjustment of status approval. The petition can be denied for reasons such as a negative criminal or immigration history, insufficient or fraudulent documentation, or eligibility issues (e.g., inadmissibility, unlawful entry, etc.).

No. Form I-130, Petition for Alien Relative, does not grant work authorization in the United States. It only establishes the family relationship between the petitioner (U.S. citizen or permanent resident) and the beneficiary. In other words, while the I-130 is pending—or even after approval—you cannot work legally unless you have a specific authorization. However, once the adjustment of status is filed, it is possible to apply for work authorization while your adjustment case is pending.

You can work legally in the U.S. if you are in one of the following situations: You have filed Form I-485 (Adjustment of Status) and also applied for Form I-765 (Work Authorization). After the EAD (Employment Authorization Document) is issued, working becomes legal. You already have an immigration status that allows work, such as: a work visa (e.g., H-1B, L-1, O-1); a student visa with work authorization (e.g., F-1 with OPT/CPT); or another type of visa or status with explicit permission to work.

Yes, as long as you can prove national or international recognition and have a job offer or project with a U.S. sponsor or agent.

Yes, if you can demonstrate substantial recognition through publications, leadership in relevant projects, or significant impact in your field.

Usually between 4 to 6 months, but there is a premium processing option with a decision in 15 days. After the petition is approved, a consular interview is required if the applicant is outside the U.S.

She can accompany you on an O-3 visa, but she is not authorized to work.

Yes. You can apply for the O-1 visa outside the U.S. The petition (Form I-129) is submitted to USCIS, and after approval, you schedule an interview at the U.S. consulate in your country.

It is not a requirement. What matters is proving excellence and recognition in your field, regardless of language.

If the relationship with the employer or agent who sponsored the visa ends, the visa also becomes invalid. It is possible to apply for a transfer to a new employer who can continue the petition.

Yes, if you can prove you are a prominent figure in your field (e.g., millions of followers, media coverage, partnerships with major brands, awards). This fits especially in the arts or entertainment fields.

No. The O-1 visa does not have an annual numerical limit (cap). This means you can apply at any time of the year without entering a lottery.

Yes, as long as all activities are described in the initial petition or included in a supplemental petition with specific contracts.

The O-1 visa does not lead to an immediate green card, but there is an immigrant category corresponding to the O-1 visa called EB-1. However, approval of an O-1 petition does not guarantee approval of an EB-1. They are separate and different visas.

Yes, especially if you can demonstrate leadership, awards received, the company’s impact in the sector, media coverage, or if you have already raised significant investment.

You do not need to be ordained, as long as the occupation is recognized as religious by the denomination (e.g., missionary, religious teacher, ministry director). However, the role must be professional religious work and not just voluntary.

Yes, as long as it is a religious organization formally registered as a nonprofit entity (501(c)(3)) in the U.S. and can demonstrate financial ability to maintain the employment relationship.

There is no fixed amount defined by law, but it is necessary to prove adequate and continuous support, which may include salary in cash, provided housing, cost assistance, among others.

Not necessarily, but if there was a previous period of unlawful stay or unauthorized work, this may affect eligibility. Each case needs to be evaluated individually.

Yes, but if the relationship is temporary (e.g., less than 6 months), the most suitable visa may be the B-1 with a religious annotation. The R-1 is recommended for continuous and formal relationships.

Yes, it is possible to work for multiple religious organizations, as long as all are listed in the petition and provide letters of support clearly describing the roles and work locations.

Yes. You can take non-primary studies (for example, theology or English), as long as your main activity remains religious work.

It can vary from 6 to 12 months. In some cases, a preliminary inspection visit to the religious organization by USCIS may be required before approval.

No. The R-2 visa (dependent) does not allow work authorization, although it permits full-time or part-time study.

Yes. The L-1 allows transfers to establish a new branch in the U.S. In this case, it is called a "new office L-1." You will need to present a business plan, prove physical office space, and demonstrate the viability of operations in the U.S.

Not necessarily, the L-1A is for managers or executives. You need to prove that you manage people or essential functions. The L-1B is intended for those who have specialized knowledge, even without a leadership position.

Not for L-1 purposes. The visa requires physical presence in the USA, with direct involvement in the company's local operations.

No. The minimum requirement is 1 year of continuous work outside the U.S. for the company or business group in the last 3 years immediately prior to the petition.

Yes, if you are promoted and begin performing managerial or executive functions, your company can petition for the change of classification.

Yes, but the process is more complex than for L-1A. Generally, the path to a green card with L-1B requires PERM Labor Certification, unlike L-1A, which can go directly to EB-1C without this process.

Yes, but there is a grace period of up to 60 days for you to regularize your status (change employer, change status, etc.), provided you are still within the validity period of your I-94.

Your company can request extensions (up to a limit of 7 years for L-1A or 5 years for L-1B) or start a green card process based on your position.

No. The L-1 is not subject to annual caps and can be applied for at any time of the year.

Currently, L-2 spouses have automatic work authorization upon presenting the visa and I-94 with the appropriate notation. In many cases, it is not even necessary to apply for a separate EAD.

Only citizens of countries that have a treaty of commerce and navigation with the U.S. can apply. Brazil, for example, is not eligible, but if you have dual citizenship with a country like Italy, Spain, Argentina, Germany, among others, you may apply.

Yes. Acquiring a franchise in the U.S. is a common option for the E-2, provided that the investment amount is substantial and the investor has an active role in managing the business.

No. The investment must be “at risk” and “committed,” and it needs to be a substantial amount, but it does not need to be fully operational or entirely completed to apply for the E-2. Mere intent to invest is not enough; the process must already be underway, but as long as it’s sufficient to demonstrate a substantial and necessary amount to start the business, that is usually enough for the E-2.

No. The minimum requirement is one year of continuous employment outside the U.S. for the company or business group within the three years immediately preceding the petition.

Any legally registered and viable business can be used: restaurants, cafés, e-commerce, consulting firms, healthcare services, among others. What matters is that it is a real, active, and profitable business, not just marginal.

It depends on the investor's country of origin. It can range from 3 months to 5 years. Even if the visa has a short validity period, the authorized stay in the U.S. is usually up to 2 years per entry, with the possibility of continuous renewal as long as the business remains active.

Yes, certain essential employees who share the investor's nationality can be included as E-2 beneficiaries, provided they are either managers or possess specialized skills.

Yes. The E-2 requires that the business not be marginal, meaning it must generate enough income for more than just the investor's living expenses, with potential for growth and job creation.

The E-2 does not offer a direct path to a green card, but it is possible to switch to another immigration category in the future, such as EB-5 (investor), EB-1C (company executive), or EB-2 with a National Interest Waiver, depending on the case.

There is no formal requirement for continuous residence, but the investor must demonstrate presence and active control of the business. Extended absences or lack of involvement in management can negatively affect future renewals.

The B-1 visa is intended for visitors who wish to enter the United States temporarily for business-related activities, while the B-2 visa is aimed at activities of a tourist nature, medical treatment, or visiting family and friends. Both are classified as non-immigrant visas and are typically issued together as a single B-1/B-2 visa, allowing the holder to engage in activities under both categories, as long as the boundaries of each category are respected. The main distinction lies in the authorized activities during the stay.

In the context of the B-1 visa, “business” refers to legitimate and temporary commercial activities that do not involve employment in the United States. This includes meetings with partners or clients, attending conferences or training sessions, contract negotiations, facility inspections, dispute resolution, technical consultations, and other corporate interactions. The B-1 visa holder may not provide services to a U.S. company or receive a salary from sources within the United States. Work-related activities, even if temporary, require an appropriate work visa.

Yes, it is permitted to take short and recreational courses with the B1/B2 visa, as long as the primary purpose of the trip remains tourism. These courses should not offer professional certifications or be part of an academic program leading to a degree. Examples include art, cooking, photography, or language classes, provided they are informal and not aimed at gaining employment or professional specialization.

The length of stay is determined by the immigration officer at the time of entry and recorded on the I-94 form. Typically, the granted period ranges from 1 to 6 months, with the possibility of requesting an extension. Even if the visa is valid for several years, each entry requires new authorization, and the maximum continuous stay usually does not exceed six months, except in duly justified exceptional situations.

Yes, as long as the visa is issued for multiple entries, the visitor can return to the United States multiple times while the visa is valid. However, the frequency and duration of visits are monitored. Excessive use of the visa may raise concerns about the visitor’s intentions, which can lead to denial of entry, even with a valid visa. The primary purpose of the visa must always remain temporary and non-immigrant.

The F-1 visa allows international students to work, but with restrictions. During the academic term, students are permitted to work on campus for up to 20 hours per week. During holidays or academic breaks, this limit may be extended. Any off-campus employment requires prior authorization from USCIS (U.S. Citizenship and Immigration Services), through programs such as Curricular Practical Training (CPT) or Optional Practical Training (OPT), as applicable. Working without specific authorization violates the conditions of the visa.

Yes, students with an F-1 visa can participate in internships at U.S. companies through Curricular Practical Training (CPT). This program allows for practical experience related to the academic program and must be authorized by the educational institution before the internship begins. CPT can be part-time (up to 20 hours per week) during the academic term, or full-time during breaks. The internship must be directly related to the academic program and be part of the approved curriculum.

Yes. After completing their studies, F-1 visa students may apply for Optional Practical Training (OPT), a program that allows temporary work in their field of academic study. OPT lasts up to 12 months and can be extended by an additional 24 months for programs recognized as STEM (science, technology, engineering, and mathematics). The application must be submitted before completing the course, following the deadlines set by USCIS. During this period, the student remains in F-1 status.

Yes, the spouse and children under 21 of an F-1 student may apply for the F-2 visa to accompany them in the United States. F-2 visa holders are not authorized to work, and the spouse is also not allowed to study full-time, except in certain exceptional cases. However, children may attend public elementary and secondary schools. The dependent’s stay is tied to the validity and maintenance of the F-1 student’s status.

Not necessarily. However, the F-1 visa requires students to maintain satisfactory academic performance and be enrolled full-time. Occasional failures may not result in loss of status, as long as they are properly justified and the student takes corrective action. However, repeated academic failures can lead to the loss of F-1 status. It is essential to maintain regular communication with the Designated School Official (DSO) to assess potential impacts and explore solutions.

Yes, the J-1 visa is appropriate for foreign medical students who wish to participate in clinical internships or medical observation programs in the United States, provided they are part of an official exchange program approved by a sponsoring institution recognized by the U.S. Department of State. The program must be properly structured and affiliated with a U.S. medical institution. It is important to note that these programs generally do not involve direct patient care, except when specifically authorized.

Yes, the J-1 visa allows paid activities, as long as they are included in the scope of the authorized exchange program. For example, students may work in on-campus positions or practical internships related to their field of study if included in the program plan. Any professional activity outside of what is authorized by the program sponsor requires evaluation and, when necessary, additional authorization.

In some situations, yes. A J-1 visa holder can apply to change status to another visa type, such as H-1B (specialty work) or F-1 (student), provided they meet the legal requirements. However, many J-1 holders are subject to the "home residency requirement," which requires them to return to their home country for at least two years before applying for certain visas or adjusting status. If this requirement applies, a waiver must be requested and approved before changing status.

Yes. The spouse of a J-1 visa holder, who enters the United States on a J-2 visa, can apply for work authorization through Form I-765 (Application for Employment Authorization) with USCIS. Once approved, the spouse may legally work in any field and for any employer in the United States. The application process can take several weeks and is not automatic; prior planning is necessary.

Yes, it is possible, but there are important restrictions. Students or doctors who have participated in J-1 medical programs are generally subject to a two-year home residency requirement after completing the program before they can obtain certain types of visas or permanent residency. To pursue medical residency in the U.S. after the J-1, it is usually necessary to apply for a waiver of this requirement, which can be granted based on various legal grounds, such as lack of medical infrastructure in the home country or support from a U.S. government agency. Obtaining this waiver is a specific legal process that requires careful attention.

The H-1B visa is a non-immigrant visa that allows foreign professionals to work temporarily in the United States in specialized occupations—typically requiring a university degree or equivalent experience in the field. Common fields include information technology, engineering, finance, architecture, medicine, among others. To qualify, the foreign worker must have a job offer from a U.S. employer willing to sponsor them with USCIS.

Yes, generally, the H-1B requires the candidate to have a bachelor's degree (equivalent to a college degree) or higher in a field directly related to the position. In some cases, proven work experience can partially substitute for a degree, following the equivalency rule of three years of experience for each year of study missing.

Yes, it is possible to change employers in the U.S. with an H-1B visa, provided the new employer files a new H-1B petition with USCIS. This process is known as an “H-1B transfer.” The worker can start the new job as soon as USCIS receives the petition, without waiting for approval, as long as they are in valid status at the time of the transfer.

Yes. The spouse and children under 21 of the H-1B visa holder can accompany them to the United States on the H-4 visa. H-4 dependents can legally reside in the country for the duration of the H-1B visa. In certain cases, the H-4 spouse may obtain work authorization (EAD), especially if the H-1B holder has started or is in an advanced stage of obtaining a green card.

Initially, the H-1B visa is granted for up to three years, with the possibility of extension for an additional three years, totaling a maximum stay of six years. In certain situations, especially when the permanent residency (green card) process is underway, extensions beyond this limit may be possible.

Yes. The H-1B visa is subject to an annual cap. The general limit is 65,000 visas per fiscal year, with an additional 20,000 visas reserved for candidates holding a master’s degree or higher from a U.S. institution. Demand usually exceeds the number of available visas, so a lottery selection process is used. Some organizations, such as universities and nonprofit research institutes, are exempt from this cap.

Yes. It is possible to change to H-1B status while legally in the United States on another visa, such as F-1 (student) or B-1/B-2 (visitor), provided all H-1B requirements are met and the employer submits the appropriate petition within the deadlines. However, certain visa categories, such as B-1/B-2, require special attention, as status changes from this type of visa may raise suspicions if the initial purpose of the trip was not clearly stated.

The H-2B visa is a non-immigrant visa intended for foreigners who wish to enter the United States to perform temporary non-agricultural work in sectors such as hospitality, construction, landscaping, amusement parks, among others. To qualify, the following are required: a temporary job offer from a U.S. employer; the employer must prove that there are no available American workers for the position; and the activity must be temporary, even if the position itself is permanent.

No. Unlike the H-1B, the H-2B visa does not require a university degree. The requirements vary depending on the position offered. Typically, only prior experience or basic skills relevant to the job are required. The supporting documentation will depend on the type of work and the employer's specific requirements.

The duration of work under the H-2B visa is determined by the seasonality of the position to be filled. Usually, it is granted for up to 9 months. The only option for a longer period would be in the case of a "one-time occurrence," a specific reason that leads the company to need the foreign worker for up to 3 years.

Yes. Spouses and children under 21 years old can apply for the H-4 visa as dependents of the H-2B visa holder. However, H-4 dependents are not allowed to work in the United States. They are, however, permitted to study.

Yes. The H-2B visa is subject to an annual cap set by Congress. The standard number is 66,000 visas per fiscal year, divided into two halves: 33,000 for jobs starting in the first half of the fiscal year (October to March) and 33,000 for the second half (April to September). In recent years, the government has issued additional slots due to seasonal demand, especially in sectors like tourism and hospitality.

Yes, but the new employer must file a new H-2B petition, and it must be approved by USCIS before you can start the new job. You cannot simply change jobs without new authorization. It is also necessary that the new job remains temporary and seasonal.

The H-2B visa is strictly temporary in nature and does not provide a direct path to permanent residence. However, in specific cases, the employer can sponsor the worker for a green card through another category (e.g., EB-3), which will require a completely separate process, including labor certification and immigrant petition. During this process, the worker cannot remain indefinitely based on the H-2B visa.

The M-1 visa is a non-immigrant visa for foreigners who wish to study in technical, vocational, or non-academic courses such as mechanics, culinary arts, cosmetology, aviation, applied computer science, among others. To qualify, the student must: be accepted by an institution approved by the SEVP (Student and Exchange Visitor Program); demonstrate financial ability to pay for the course and support themselves during their stay; and prove the intention to return to their home country at the end of the program.

Working is not allowed during studies with the M-1 visa, neither on-campus nor off-campus. The only exception is post-completion practical training, known as Practical Training (PT), which can be requested after finishing the course. This training must be directly related to the vocational program attended and cannot exceed 6 months in duration.

Yes. The M-1 visa is commonly used by foreigners who wish to attend aviation schools in the U.S., especially practical courses such as private pilot, commercial pilot, or flight instructor. The school must be certified by the SEVP. The applicant must also meet the FAA (Federal Aviation Administration) requirements for each license level. After completing the course, it is possible to request a period of practical training if authorized.

Yes. The M-1 visa is suitable for those who want to pursue technical specializations in the U.S., such as courses in electronics, industrial maintenance, automotive mechanics, practical graphic design, among others. The course must have a defined duration and be registered with the SEVP. Additionally, the applicant must prove that the course is related to their prior education or professional goals in their home country.

The duration of stay is limited to the length of the course plus an additional 30 days, with a maximum total of 12 months per course. If the course lasts less, the period will be adjusted proportionally. Extensions can only be requested in justified situations, such as medical reasons or documented academic delays.

Yes. The spouse and children under 21 years old can apply for the M-2 visa as dependents. However, the spouse cannot work or study full-time, and the children are only allowed to attend elementary and secondary school. Their stay is tied to the validity of the M-1 visa holder’s status.

A change of status allows a non-immigrant to alter their visa category without leaving the U.S. For example, someone with a tourist visa (B1/B2) who wishes to study can apply to change to student status (F-1). This is done through Form I-539, provided the person is in legal status and the new status is eligible for change within the country.

You can only work if the new status grants work authorization and that authorization has been approved. For example, if you applied to change to H-1B status, you must wait for approval before starting work.

If your authorized stay (Form I-94) expires before the decision on your change of status, you may become out of status. To avoid this, it is recommended to apply for the change at least 45 days before your current status expires. In some cases, it may be necessary to submit an extension request or a "bridge application" to maintain legal status.

Yes, it is possible to apply for a change of status from B1/B2 to F-1 without leaving the United States, provided you were legally admitted to the country, maintain your current status, and have not committed immigration violations. To do this, you must: be accepted by an SEVP-certified institution and receive Form I-20; pay the SEVIS fee; and complete and submit Form I-539 to USCIS before your current status expires.

Leaving the U.S. during the processing of a change of status application can be interpreted as abandonment of the request. If travel is necessary, it is advisable to consult an immigration lawyer or USCIS before leaving the country.

The processing time for a change of status application varies depending on the type of form and the service center responsible. For example, for Form I-539 (used for status changes such as from B1/B2 to F-1), processing times can range from 3 to 12 months, depending on the service center. However, USCIS offers Premium Processing for certain visa categories. For instance, for change of status applications to F-1, F-2, M-1, M-2, J-1, or J-2, USCIS guarantees a decision within 30 calendar days after receiving Form I-907 and the associated fee payment.

An extension of status allows a non-immigrant to remain in the U.S. beyond the initially authorized period without changing their visa category. To be eligible, it is necessary to: have been legally admitted to the U.S. with a non-immigrant visa; maintain valid current status; not have committed crimes that make you ineligible; not have violated admission conditions; and have a valid passport throughout the requested period. It is recommended to apply for the extension at least 45 days before the current status expires.

Some visa categories do not allow extension of status in the U.S., including: participants in the Visa Waiver Program; crew members (D visa); travelers in transit through the U.S. (C visa); transit without visa (TWOV); fiancés of U.S. citizens or their dependents (K-1 and K-2 visas); and informants on terrorism or organized crime (S visa).

Yes. You can include your spouse and unmarried children under 21 years old in the same extension of status application, provided they are all in the same visa category or derivative status. For each additional family member, Form I-539A must be completed.

Yes. If you filed an extension of status application before your I-94 expiration, you are in a period of authorized stay while the application is pending. However, this period is not considered legal status. If the application is denied, you must leave the U.S. immediately.

Yes, it is possible to apply for an extension of status online, depending on your situation. USCIS allows electronic submission of Form I-539 for certain non-immigrant categories, such as B-1, B-2, F-1, F-2, M-1, M-2, among others. However, if you are including co-applicants (such as spouse or children) or require legal representation, you will need to mail the form. It is important to check the specific instructions for your visa category before deciding on the submission method.

To qualify, you must: be at least 18 years old; have been a lawful permanent resident (Green Card holder) for at least 5 years (or 3 years if married to a U.S. citizen); demonstrate continuous residence and physical presence in the U.S.; have good moral character; be able to read, write, and speak basic English (with some exceptions); have basic knowledge of U.S. history and government; and be willing to take the Oath of Allegiance.

When someone applies for U.S. citizenship, they swear allegiance to the American flag and country, consequently renouncing their allegiance to another country, such as Brazil. Typically, Brazilian citizenship is not automatically revoked but may be at some point in the future.

The standard fee for Form N-400 is $640, plus a biometric fee of $85, totaling $725. If you are requesting a fee waiver or reduction, you must mail the form along with the corresponding request.

After submitting your application, you will be scheduled for an interview with a USCIS officer. During the interview, questions about your application and background will be asked. You will also take an English test (reading, writing, and speaking) and a civics test, covering knowledge of U.S. history and government. You must answer at least 6 out of 10 civics questions correctly.

Processing time varies by location and USCIS workload, but generally takes between 8 to 12 months from Form N-400 submission to the naturalization ceremony.