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Question #1 – Green Card
How do I remove the conditions of my permanent residency?
Answer #1 – You file Form I-751 with the USCIS to remove the conditions within 90 days of the expiration of your conditional permanent residency. Contact our office to speak with an Immigration Attorney concerning your case.
Question #2 – Family Based Immigration
I’ve read conflicting information on the internet; can you please clarify for me who is responsible for scheduling the Green Card Interview, my spouse or the Consulate itself?
Answer #2 – The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview.
Question #3 – H-1B Nonimmigrant Visa
If my employer has received an RFE for my H-1B case, does this mean my case will not be approved?
Answer #3 – No. An RFE is a Request for Additional evidence, which seeks further documentation/information from the Petitioner and/or the Beneficiary. An RFE is issued because the Adjudicating Officer cannot make a final determination whether to approve or deny based upon the initial filing. The Officer needs more information concerning a certain issue or several issues to ultimately approve or deny the case.
Question #4 – Green Card
Can I apply for a spousal visa if I am getting married to a green card holder & am currently in H-1B visa status?
Answer #4 – Yes; however, you must first marry your spouse. After marriage, your green card holder (Lawful Permanent Resident) spouse, may then prepare and submit an I-130, Petition for Alien Relative on your behalf to the USCIS for processing.
Question #5 – B-1 Temporary Business Visitor
Right now, I am in the US on a B1 Visa. Can I apply for an L1 visa after using the B1 visa? Is there a waiting period before applying?
Answer #5 – A B-1 visa is a visitor/business/tourism visa, which allows you to enter the U.S. for a specific period with the intent to return to your residence abroad, and which does not allow you to work. An L-1 visa is a temporary nonimmigrant work visa, which allows you to enter the U.S. to work for a specific period with the intent to return to your residence abroad at the end of the specific period.
*You should speak with a qualified Immigration Attorney about your situation.
Question #6 – U. S. Visa
Will an expunged felony affect my Visa Process?
Answer #6 – Although the conviction has been expunged by a federal, state or foreign court, it does not necessarily mean that the conviction has been expunged for immigration purposes. It is our recommendation that you contact our office to discuss your situation.
Question #7 – Employment Based Immigration
What is the difference between an EB-2 and an EB-3 classification for a Green Card?
Answer #7 – The EB-2 preference classification is open to 3 types of foreign nationals: (1) Exceptional Ability in the Sciences, Arts or Business; (2) Advanced Degree Professionals; (3) Qualified Alien Physicians who will practice medicine in an area of the U.S., which is under-served.
The EB-3 classification includes aliens with at least two years of experience as skilled workers; professionals with a baccalaureate degree; and other workers with less skills who can contribute abilities unavailable in the U.S. Skilled workers should have at least two years’ experience, either through hands-on experience or through post-secondary education. Professionals should have either a U.S. bachelor’s degree or a foreign equivalent degree.
Question #8 – B-1 Temporary Business Visitor
How long can someone stay in the US on a Business Visa (B1/B2)?
Answer #8 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B1/B2 visa is 6 months.
Question #9– What should I do if I am taken into Immigration (ICE) Custody?
Answer #9
- You have a right to a lawyer – you will not be provided a lawyer, you will have to find a lawyer • You have a right to contact your consulate • Tell the ICE agent you wish to remain silent • DO NOT SIGN ANYTHING • Remember your “A” number and give it to your family – this is how they will be able to locate you • Keep a copy of your immigration documents with someone you trust
Question #10 – Naturalization
If my application for naturalization is denied by the USCIS, can I re-apply and how soon?
Answer #10 – Yes; however, how soon you re-apply depends upon several factors. You should discuss the reasons for denial with an Immigration Attorney and make an informed decision based upon the advice received from the Attorney.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, September 9, 2022!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!