US Immigration Questions

  1. Tuesday, 7...
    Question:
    Answer:

    Watch the Video on this FAQ: Effect of a speeding ticket on green card or naturalization/citizenship

    Video Transcript

    If you have a traffic violation which is not a crime such as speeding, but not reckless driving, speeding but not driving while intoxicated these traffic offenses are no issue for a green card. But if you get too many of them like if you get ten speeding tickets in a couple of years that can become an issue for your naturalization because the government says you are irresponsible as it is a question of your good moral character which is a requirement for naturalization. Hence, generally speaking, a single ticket is no problem. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  2. Tuesday, 7...
    Question:
    Answer:

    Watch the Video on this FAQ: What type of questions can be asked in consular or adjustment of status interview for employment based applicants

    Video Transcript

    There are three things they are going to be looking at - your past, present and your future in my view. They want to make sure you have nothing in your past that stops adjustment of status.  Government is looking for immigration violation or anything else that could disqualify you from adjustment of status. You're present they would like to know where your working, what is your job, what job are you currently doing, do you know the details of your job things like that and the future is what is your intention about the green card, do you intend to join the employer whether if it is a present employer do you want to continue working with them, these are questions they could ask. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  3. Thursday, 2...
    Question:
    Answer:

    Watch the Video on this FAQ: How to read the visa bulletin?

    Video Transcript:

    Visa Bulletin is a statistical projection based upon rules of statistics as well the law. There are laws as to how many visas you can allocate each trimester or quarter. There are many things to be considered in a visa bulletin. Hence visa bulletin is merely a projection. It is not accurate. Normally you will use the dates for filing visa application chart, but USCIS will indicate on that page that sometimes you can use application final action dates. 

    The way it works is let's say your date is current in December. Visa bulletin gets published 15 days into the month, so by November 10  to 15 you have got your dates for the next month. Remember your adjustment of status applications should not get there before December 1st. You have all of the month of November to file your application. Dates remain current for the whole month.

    Regarding your question normally you will file according to the visa bulletin dates unless the USCIS website shows that the final action dates are different and those are the dates you can use.

     
    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
  4. Tuesday, 31...
    Question:
    Answer:

    Watch the Video for this FAQ: Changing status from tourist or business visa (B1 or B2) within the United States

    Video Transcript

    1. You should go to your home country or a third country. You can go to Canada or Mexico. B-1 and B-2 are not complex if you qualify. L-1B's are very difficult to get. Specialized knowledge employee is very difficult to get but if you qualify not a problem. 

    2. Regarding time frame you can always apply through premium processing and within a few weeks, you should get your adjudication done.  More 

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  5. Friday, 27...
    Question:
    Answer:

    Watch the Video of this FAQ: Applying for green card while holding H-4 status; applying for green card and permanent

    residence for another country simultaneously

    Video Transcript:

    1. You have to go through your lawyer or your employer. You won't have access to it, but definitely, there is a website.

    2. Within 180 days of the labor approval.

    3. Yes of course. 

    4. It does not. 

    5. I don't see any problem with it, I know that at the border the Customs and Border Protection (CBP) sees that you have got two permanent residence applications going on sometimes they can raise a stink about it but in my opinion that's completely unjustified. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  6. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Pros and cons of adjustment of status and consular processing for green card

    Video Transcript:

    You have got your I-485 filed and that's a good thing and you kept it alive by keeping your advance parole alive, but you need a job offer and you need to file Supplement J. So if you want to take advantage of AC21 you have to move over to a new employer get a new job offer and use Supplement J to indicate to the USCIS that you are going through another employer. You have two choices. You can split the green card. You going through adjustment of status, you enter the USA with your Advance Parole and you file form I-824 for your family to go through green card processing through consular processing in Canada. So you can either bring them all in on an H-1/H-4 type visa or you can do your adjustment of status and let them do their consular processing.You should not convert yourself to consular processing that could probably end in the loss of a green card. You are taking advantage of AC21 which as far as I know is available only in adjustment of status. It is not available in consular processing. Hence adjustment of status for you and consular processing for your family makes sense. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  7. Monday, 23...
    Question:
    Answer:

    Watch the Video on this FAQ: Immigration consequences of a denial of entry at the airport

    Video Transcript:

    1. You can file a Freedom of Information Act (FOIA) request with Department of Homeland Security (DHS) or U.S. Customs and Border Protection (CBP) and or USCIS and see what information they have on you and within a few months they should be able to give you a copy of your document everything that they have on you and this doesn't cost you anything.

    2. Do remember tourist visa is not a guarantee. The consular officer could refuse you a tourist visa for many reasons, so even if the fact that you worked without authorization on a previous time is long gone the prior bad history could be used to deny you another tourist visa.

    3. As long as you don't lie about anything, by all means, you can try.

    4. You have to go through green card and it takes many, many years. So if you go to the visa bulletin there is a category for unmarried children of US citizens and it takes several years. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  8. Friday, 20...
    Question:
    Answer:

    Watch the Video on this FAQ: Status of H-4 EAD litigation/suit

    Video Transcript:

    Right now, according to the government, this lawsuit pertains to regulations that may not be relevant because the government may decide to overrule these regulations with some new regulations.

    What would the new regulations state we don't know yet as the possibilities are several. The government could end up modifying the rule, narrowing it or could end up totally rescinding that rule and of course if you have to rescind a regulation I don't know of doing it other than going through the rulemaking process again.

    So that would probably take a few months and my guess would be in order to keep the exit from the regulations if there is indeed an exit orderly the government will probably provide some months grace period for closure on the H-4 EAD's. So right now that's what we know. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  9. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

    Video Transcript

    A few options for Entrepreneurial Visas:

    You could come in on E visa, H visa, O visa or TN visa and eventually get a green card based upon various other options including EB-1A if you are extraordinary qualified individual or EB-5 if you are making the required amount of investment and creating the jobs necessary under the rule. 

    You can also come in through L-1A if you have a foreign company you have worked outside for that company for at least one year as an executive or managerial employee, you can start a company or buy a company in the United States and transfer yourself or your key managerial employees or employee to the USA. L-1 is the fastest way of getting a green card because L-1 is potentially processed within a few weeks because you can file premium processing and once you are in the USA you can file a EB-1 based green card which will get you seen through the process normally within a year, sometimes as little as three to five months. More ...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  10. Wednesday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Status and unlawful presence questions in the form DS-160

    Video Transcript

    This is a very generic statement. Do not depend on this as the last word on the subject. Generally speaking, the following two or three rules should be kept in mind. First of all, if you are ever in doubt you are better off saying yes, I was out of status and yes, I was unlawfully present and let the consulate deal with that issue. If you are not in fact not out of status and you are not unlawfully present there is no issue, but if you were out of status or lawfully present and you don't reveal that it can be construed to be fraud or misrepresentation which then becomes a permanent bar from entering the United States. It is a very painful situation. If you tell the truth, no issue.  More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  11. Tuesday, 19...
    Question:
    Answer:

    Watch Video on this FAQ: Are there any time limits on how late an I-485 can be filed after the priority dates become current?

    Video Transcript:

    There is no law that requires you to file the I-485 right away, but there could be some issues about H-1 extensions. You will certainly not be able to get three year H-1 visa extensions. Of course, you can work on EAD. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  12. Tuesday, 19...
    Question:
    Answer:

    True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

    Green card through EB-5 category continues to be an option for a specific category of investors,  who have the money ($500,000 pr $1M) to invest. Under the US Constitution, the government cannot make laws that change vested rights retroactively. Therefore, if you have already invested and filed your EB-5 papers, I don't see why you need to worry about subsequent changes in the law.

    Everyone with a running business outside the United States should seriously consider first the EB-1C category, which is considerably more attractive than EB-5 for several reasons. EB- 1C does not require a specific amount of investment, it requires instead only a business in the United States that is a subsidiary, branch, parent or affiliate of a foreign corporation transferring an executive or a managerial level employee to the United States. The managerial or executive employee receives an L-1A visa within a few weeks and can get a green card within a few months.

  13. Wednesday,...
    Question:
    Answer:

    Watch Video on this  FAQ: What are the options of an H-1B visa denied and a petition sent for revocation?

    Video Transcript

    1. Not until a notice of intent to revoke is sent.

    2. This case is going back to USCIS. 

    3. You can always get the assets back. You can try getting a tourist visa that's one way to do it. Second is to send somebody a power of attorney. You can get together with lawyers of the state where your assets are and get a proper power of attorney made out in the name of a friend. They can take care of it for you.

    4. I guess in India the answer is yes. But you don't have to pay taxes both in India, as usual, there is a relief available for people in your situation, but I am not a tax expert, you need to talk to a Chartered Accountant in India.  More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  14. Tuesday, 12...
    Question:
    Answer:

    Watch the Video on this FAQ: Denial of naturalization/citizenship applications - the new trend

    Video Transcript

    Under the Trump administration, I am noticing there has been a much higher incidence of naturalization applications getting denied for some. Some of them are very odd reasons. I will discuss three cases so that you folks can share and be mindful before you file naturalization application. 

    One was an employee who had been a green card holder for six or seven years and applied for naturalization and government denied his naturalization saying that when we approved your I-485 we should not have approved it because you were working in a place where you were not authorized to work without getting a proper amendment back in 1998. So, they have gone back so many years to say that because of that your green card was approved in error. According to them, It should not have been approved and they were not going to give naturalization. The interesting thing is that I had told them that I had represented the company that was being hauled up for fraud only to the extent that I wanted to negotiate upon the employer’s request with the US attorney's office so that the employees don't get hurt because none of the employees was implicated in any of the allegedly fraudulent dealings. But I was not able to convince the USCIS. We could get the US Attorney's office on our side and make them see that these employees do not need to suffer. So, the result is several years later somebody’s notice is being denied.  The problem being if USCIS can deny naturalization by stating there was an error in the green card application they can also go after the green card. That could be the next logical step and that's what worries me and that's highly unfair. Of course, we are going to take up the case and fight it for these folks. 

    The second case being the employer signed a Form 9089. According to the government that was fraudulent because they failed to disclose the relationship of the employee with the CEO of the employer.  The lawyer had told them that this is a far-removed relationship it’s not immediate family so you can say “no” to the Form 9089 question where it says, “are you related to the employee under the green card process” and they said “no” and their notice is being denied because government says you lied on that form. Again, we would be able to fight this case.

    The third case is order. People have lived here for 15 to 17 years. Everybody in the family is a citizen, the lady of the house who is not a citizen yet applied for naturalization but in the meantime, husband got a great temporary job offer outside the United States and the government says you are going to lose your green card. They have just moved recently and I don't see how they can do that. I don't see how it is questionable, and it is outrageous, but we must be prepared for the new paradigm of immigration law. 

    So, when you go for naturalization I strongly advise you to please discuss your background with a competent counsel. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  15. Tuesday, 5...
    Question:
    Answer:

    Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

    Video Transcript

    1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

    2. I don't know because I don't know the rules for the drop box. If you read the rules and you qualify for them, then the answer is yes.

    3. I-94 is important. Once you are inside the USA your status is governed by the I-94. You could have a visa good till 2020 but if your I-94 is expiring tomorrow then you are going to be out of status day after tomorrow and unlawfully present. If your I-94 is expiring you got to get that extended whether it is through an H-1 extension or if you already have an approval and you can go outside with the visa for a visa stamping. H-1 and L-1 visas require a prior approval from USCIS. H-4 and L-2 visas do not. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  16. Friday, 1...
    Question:
    Answer:

    Watch the Video on this FAQ: Is new H-1B visa stamping needed if you change employers?

    Video Transcript

    I don't think you need to. Once again, I caution you that if you ask the consulate they might give you a different answer, but in the Foreign Affairs Manual in their standard operating procedures, I remember seeing there was no such requirement so you could travel on the old visa and the new approval. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  17. Thursday,...
    Question:
    Answer:

    Watch the Video on this FAQ: Fastest method of getting spouse of a green card into the USA and reducing wait

    Video Transcript

    Normally if your husband is living in the United States, the consulate is not very easy going about giving visas because they suspect that once you enter your husband will apply for your green card. Hence getting a tourist visa itself is definitely questionable. Second is when you apply for a tourist visa any representations you make must be absolutely and meticulously truthful. You cannot make things up. Hence tourist visa is by no means guaranteed but certain visas like H-1, L-1, O-1 don't really care whether you have family living in the USA. So if she qualifies you could look at something like that. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  18. Friday, 25...
    Question:
    Answer:

    You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

  19. Tuesday, 22...
    Question:
    Answer:

    Watch Video on this FAQ: I-485 applicant holding multiple jobs on EAD

    Video Transcript

    1. If you qualify under AC21 that is same or similar to the offered job under the green card or if you are going through the green card sponsoring employer, you will maintain that job. So, if you are currently maintaining that job full time and doing all other jobs at the same time or you intend to return back to that job when your green card is approved you can actually have simultaneous jobs with several different employers.

    2. A green card is based upon a job offer which could be present or future. So for example, if you are working for employer A it can be a job offer for a present job or they could be offering you a promoted position. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  20. Thursday,...
    Question:
    Answer:

    Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?

    Video Transcription

    You do not need to get an H-4 extension from USCIS when you have certain derivative visas like H-4 or L-2. Those visas are given based upon the approval of the H-1 holder and the L-1 holder. For the dropbox facility, you have to look at the local rules. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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