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- How old do I need to be to apply for Naturalization? You must be at least 18 years old to qualify for Naturalization AND you must meet ALL other eligibility requirements. The USCIS has published a helpful brochure, 10 Steps to Naturalization – Understanding the Process of Becoming a U.S. Citizen found here: https://www.uscis.gov/sites/default/files/document/brochures/M-1051.pdf
- I was offered a specialty occupation with a non-profit organization, and I appear to be eligible for an H-1B; however, the Lawyer I spoke with told me that the organization does not appear to be eligible to file an H-1B CAP exempt petition with the USCIS. The lawyer did not explain any further. What is the issue? Only certain organizations are eligible to file a CAP EXEMPT H-1B petition with the USCIS. Not every non-profit organization will be eligible to file an H-1B CAP EXEMPT petition. CAP EXEMPT organizations include: Institutions of Higher Education; Nonprofit Organizations Affiliated with Institutions of Higher Education; Government Research Organizations, and Nonprofit Research Organizations focused on applied or basic research.
- What are the pathways to a Green Card? The pathways to a Green Card consist of: Employment, Family, Diversity, Special Immigrant; Humanitarian – Asylum, Refugee, U & T Visas, etc.
- Is DACA a permanent program? No, Deferred Action for Childhood Arrivals (DACA) is not a permanent program. DACA was intended to be a temporary program until Congress could create a permanent pathway to a Green Card for DACA recipients. No such legislation has been crafted by Congress to date. DACA was created in 2012 through Executive Order, has undergone extensive litigation and remains a viable program; although as a result of the litigation, no new DACA applications are currently being processed. DACA renewals continue to be processed by the USCIS and are granted in two-year increments, subject to renewal every two years.
- If I recently filed my I-751 petition individually based on divorce, and our marriage was legitimate, can I pursue a new marriage with my girlfriend? If you are legally divorced then you are legally able to marry a new partner. It is important that you have substantial evidence to prove that your initial marriage was bona fide and not to procure an immigration benefit. Your LPR status is still conditional until a decision is made on your pending I-751. Additionally, with a new marriage, the USCIS is likely to scrutinize any subsequent filings of yours, if you intend to sponsor your new partner, if applicable.
- What is DED? Deferred Enforced Departure (DED) is a benefit authorized within the President’s discretion as part of their constitutional power to conduct foreign relations. DED recipients are temporarily protected from deportation and are able to request employment authorization to obtain a work permit from the USCIS. Individuals currently covered under DED include nationals from: Lebanon, Liberia, Hong Kong and Palestine. There are specific eligibility requirements for each designation of DED.
- What is the process for obtaining an E3 Australian Visa? If you are outside of the United States applying from Australia, you would petition the Consulate directly. You would need proof of the legitimate job offer, a letter of support from the U.S. employer, a certified Labor Condition Application (LCA) from the Department of Labor (DOL), and your academic or other qualifying credential documentation available for review. Once all of these items are gathered, you would proceed with scheduling an E3 nonimmigrant visa appointment by completing Form DS-160 and submitting it to the Department of State (DOS), along with all requested documentation to establish eligibility. You would then appear for your interview at the scheduled date and time. If successful, your E3 visa will be issued and placed in your passport.
If you are inside the United States in another visa status and wish to change status to E3 or are working with a different employer and wish to change employers, you would need to first petition the United States Citizenship and Immigration Service (USCIS). You would need to have a letter of support from the U.S. employer, along with Form I-129, Petition for Nonimmigrant Worker completed by the U.S. employer, and a certified LCA from the DOL, along with documentation to establish your eligibility. These forms and paperwork need to be filed with the USCIS, likely with premium processing. You cannot assume E3 status or begin working with a new U.S. employer until the USCIS has approved your case. Premium processing costs an additional $2805.00 to obtain a decision within 15 business days of filing.
- What is the USCIS filing fee for renewing EAD and AP if our I-485 has been pending since 2021? Per the USCIS guidance found at https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule: If you filed your Form I-485 before April 1, 2024, and paid the fee, there will be NO FEE to file Form I-131 or Form I-765 while your Form I-485 remains pending.
- What is the USCIS filing fee for filing Form I-765 and Form I-131 with the Form I-485? As of April 1, 2024, there are now separate USCIS filing fees required for the filing of Form I-131, Travel Authorization at $630.00, and $260.00 for filing Form I-765, Employment Authorization, along with $1440.00 for Form I-485, Application to Adjust Status.
- How do I find out what documents the Consulate will need for my sister’s case? I am assuming you are referring to Consular Processing for your sister’s Immigrant visa once her I-130 is approved. You can find particular country requirements for civil supporting documents by visiting https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html and selecting the specific country from the A-Z list on the left side of the screen. Once you choose a country, you can scroll down and see the country’s requirements for: Birth, Death and Burial Certificates; Marriage, Divorce Certificates; Adoption Certificates; Identity Card; Police, Court, Prison Records; Military Records; etc.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, December 20, 2024!
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