Citizenship, Status & Travel Attorney

Keeping your status, protecting your green card while you travel, and finally becoming a citizen are stages of one journey, and a mistake at any stage can undo the ones before it. This overview covers the citizenship, status and travel services Capitol Law Partners offers, from student and exchange visitor visas through extensions, travel documents and naturalization, each with its own page within our immigration law practice.

Our services in this area

Citizenship and naturalization: Form N-400 under the five-year and three-year rules, residence and presence calculations, interview preparation, Form N-600 certificates for children, military naturalization, N-336 hearings and federal suits when USCIS fails to decide.
Change and extension of status: Form I-539 and I-129 filings to extend your stay or move between categories without leaving the United States, including I-94 deadlines, the 240-day rule, the 60-day grace period after a job ends, bridge applications and B-2 to F-1 changes.
Travel and re-entry permits: Form I-131 applications for advance parole, re-entry permits and refugee travel documents, Form N-470 to preserve residence, SB-1 returning resident visas, and advice on long absences and travel during a pending N-400 or removal case.
F-1 visa: the academic student visa for full-time study at a SEVP-certified school, covering the I-20 and consular interview, maintaining status, CPT and OPT practical training, the grace period after graduation and the move to H-1B or a green card.
J-1 visa: the exchange visitor visa for research scholars, professors, physicians, trainees, interns and au pairs sponsored by a designated program on Form DS-2019, with particular attention to the two-year home residency requirement and its waivers.
M-1 visa: the vocational and technical student visa for programs such as flight training and trade schools, with admission tied to the program length, limited practical training after completion, and strict rules on transfers and changes of status, including the bar on moving to F-1.

A guide to the stages

Keeping status while in the United States

Your authorized stay is set by the admit-until date on Form I-94, not by your visa. File any extension or change of status before that date; a timely filing keeps you in a period of authorized stay while USCIS decides. Workers in H-1B, L-1, O-1, E and TN status may keep working for the same employer for up to 240 days after the I-94 expires while a timely extension is pending, and may remain up to 60 days after a job ends. F-1 students have a 60-day grace period after their program or OPT; J-1 and M-1 students have 30 days.

Protecting a green card while abroad

A green card is not a valid entry document after an absence of a year or more, and an absence over 180 days lets CBP question whether you abandoned your residence. For a trip of a year or longer, obtain a re-entry permit before leaving; you must file and complete biometrics in the United States. A permit guards against abandonment but not continuous residence for naturalization; residents sent abroad by the U.S. government or qualifying American employers can file Form N-470 before departure to preserve it.

Becoming a citizen

Most permanent residents may file Form N-400 after five years, or three years if married to and living with a U.S. citizen throughout, and up to 90 days before that anniversary. You must show continuous residence, physical presence for at least half the period, good moral character, and English and civics ability, subject to age and disability exceptions. Children often need no application: under the Child Citizenship Act, a child with a green card living in the United States in the legal and physical custody of a citizen parent before turning 18 becomes a citizen automatically, documented on Form N-600 or a passport.

Students and exchange visitors

M-1 students follow a fixed vocational program and cannot change to F-1, while F-1 students may transfer or begin a new program. J-1 exchange visitors whose program was government funded, whose field is on the skills list for their country, or who came for graduate medical training must return home for two years before they can change status in the United States or obtain an H, L or immigrant visa, unless they obtain a waiver such as a no-objection statement or an interested government agency request.

Common mistakes

Staying after a denial. If an extension or change is denied after the I-94 has expired, unlawful presence begins at the denial; more than 180 days triggers a three-year bar on departure and one year a ten-year bar.
Traveling without advance parole. Leaving with a pending I-485 and no advance parole abandons the application unless you hold valid H or L status.
Long absences before naturalization. A trip of more than six months is presumed to break continuous residence; a year or more breaks it and restarts the clock.
Studying on a B-2. A visitor may not enroll in a course of study until a change to F-1 is approved.

Process overview and what to bring

Consultation. We review your status, I-94 history, travel record and goal.
Eligibility and timing. We calculate deadlines, residence and presence, and check for J-1 or other bars.
Preparation. We prepare Form N-400, I-539, I-131 or the consular application and evidence.
Filing and interview. We file, track biometrics and interview notices, and prepare you.
Decision and follow-up. We handle requests for evidence, appeals and delayed decisions.

Bring your passport, visas and I-94 records, prior approval notices, Form I-20 or DS-2019, your green card, a dated list of trips abroad, tax returns, any police records and, for citizenship claims, birth and naturalization certificates.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School whose practice spans family-based and employment-based immigration alongside business law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We serve clients from our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis, and our Istanbul office assists clients applying for visas at a consulate abroad.

Learn more

Talk to us before the deadline

Tell us your status, the date on your I-94 or green card, and your travel or study plans, and we will tell you which filing comes first. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

When can I apply for U.S. citizenship?

Generally after five years as a permanent resident, or three years if you have been married to and living with a U.S. citizen for that period and your spouse was a citizen throughout. You may file Form N-400 up to 90 days before the anniversary. You must also meet the continuous residence, physical presence, good moral character, and English and civics requirements, with exceptions based on age and disability.

Does a re-entry permit protect my naturalization timeline?

No. A re-entry permit protects against a finding that you abandoned your permanent residence during a long trip, but it does not preserve continuous residence for naturalization. An absence of a year or more still breaks continuous residence unless you obtained approval of Form N-470 before leaving, which is available only for certain employment abroad. Absences between six months and a year create a presumption you can rebut.

Can I travel while my green card application is pending?

Only with an approved advance parole document or, in limited cases, valid H or L status. Leaving while Form I-485 is pending without advance parole abandons the application, and leaving while the I-131 itself is pending abandons that request. Even with advance parole, anyone with prior unlawful presence, a removal order or a criminal record should have the trip reviewed before booking.

What is the J-1 two-year home residency requirement?

Under INA 212(e), certain exchange visitors must return to their home country for two years after the program before they can change status in the United States or receive an H, L or immigrant visa. It applies when the program was funded by the U.S. or home government, when the field is on the skills list for the home country, or when the visitor came for graduate medical training. Waivers are available on several grounds.

Can I study on a B-2 visa or while my change to F-1 is pending?

No. A B-2 visitor may not enroll in a course of study, and attending classes before USCIS approves a change to F-1 violates status and leads to denial. You must obtain a Form I-20, pay the SEVIS fee and file Form I-539 before your authorized stay ends. We request premium processing where available and work with the school to defer the start date if needed.

What happens if my extension is denied after my I-94 expired?

You are out of status on the date of the denial and unlawful presence starts to accrue from that day. More than 180 days of unlawful presence triggers a three-year bar when you depart, and one year or more triggers a ten-year bar. USCIS may also issue a Notice to Appear. Options include a motion to reopen or reconsider, prompt departure and a consular application, or other relief.

Is my child already a U.S. citizen?

Possibly. A child born abroad to a U.S. citizen parent may have acquired citizenship at birth if the parent met the physical presence rules in force at the time. A child who received a green card and lived in the United States in the legal and physical custody of a citizen parent before turning 18 generally became a citizen automatically under the Child Citizenship Act. We document the claim on Form N-600 or through a passport.

What is the difference between the F-1 and M-1 visas?

The F-1 is for academic study at a college, university, high school or language program and allows transfers, program changes and practical training through CPT and OPT. The M-1 is for vocational and technical programs, admits you for the length of the program, allows only limited practical training after completion, and does not permit a change to F-1 status. We help you choose the right category before the school issues the I-20.