Section 13 of the Immigration and Nationality Act (INA) of September 11, 1957 was created by Congress to allow individuals who entered the United States with diplomatic status to obtain permanent residence. In order to be eligible for permanent residency under Section 13, the following must be established:
- The Applicant entered the United States as an A-1, A-2, G-1, or G-2 nonimmigrant;
- The Applicant failed to maintain his or her A-1, A-2, G-1, or G-2 nonimmigrant status;
- The Applicant’s duties were diplomatic or semi-diplomatic;
- There is a compelling reason why the Applicant or the Applicant’s immediate family cannot return to the country which accredited the Applicant as a diplomat;
- The Applicant is a person of good moral character;
- The Applicant is admissible to the United States for permanent residence; and
- Granting the Applicant a green card would be in the national interest of the United States.
With a pending Form I-485, it is possible to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).
Murray Osorio PLLC are Fairfax Immigration Attorneys dedicated to their clients and to their clients’ families. If you have an immigration matter, it’s important that you contact us as soon as possible. An experienced Fairfax Immigration Lawyer could make all the difference- call us at (703) 952-3275, or fill out our contact form.