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MVP “Immigration Q & A Forum” – April 2, 2021

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

 

Question #1 – H-1B Nonimmigrant Visa

Can I get a Social Security card if I am working in the US on H-1B status?

Answer #1 – Yes.

 

Question #2 – Naturalization/Citizenship

If I want to apply for Citizenship, do I need to be present in the US to start the process?

Answer #2 – Yes, you must have lived in the state or district where you are filing your application for at least three (3) months.

 

Question #3 – Conditional Permanent Residence

How do I remove my conditions on my Conditional Green Card?

Answer #3 – File Form I-751, Petition to Remove Conditions on Residence with the USCIS, within 90 days of the expiration of the conditional permanent resident card. You should file the petition jointly with your spouse through whom you obtained conditional status. However, certain exceptions do exist that may allow you to apply for a waiver of the joint filing requirement.

 

Question #4 – Green Card

If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?

Answer #4 – A green card is valid for a period of 10 years; you may renew 6 months prior to its expiration. You may renew your green card by filing Form I-90 with the USCIS.

 

Question #5 – Change of Address (Form AR-11)

My family and I are in the process of moving to a new home this summer. How do I notify the USCIS of this change? I have a pending I-485 for myself, my wife and child.

Answer #5 – To notify the USCIS of any address change for any pending cases, the process consists of two (2) steps:

Step1: File Form AR-11 (online OR by mail)
AND Step 2: Change your address on any pending or recently approved applications or petitions (online OR by phone at 1-800-375-5283)

 

Question #6 – NAFTA TN Professionals Visa

What is the typical processing time for the approval of a TN Visa?

Answer #6 – It depends upon whether you are a Canadian Citizen or a Mexican Citizen. Canadian citizens may apply for a TN visa directly at the Canadian border; whereas, a Mexican citizen must apply for and receive a TN visa stamp in their passport at a Mexican Consulate.

 

Question #7 – Family Based Immigration

Do I need to change my I-130 petition if I filed for my relative as a LPR, but now I have become a US Citizen?

Answer #7 – Yes, you should contact the USCIS Office that is reviewing your application and inform them that you have become a U.S. Citizen by submitting a copy of your Naturalization Certificate.

 

Question #8 – Citizenship Resource Center

If I have been a Green Card Holder for 8 years, am I eligible to Apply for Citizenship?

Answer #8 – The general requirements for administrative naturalization include:
• A period of continuous residence and physical presence in the United States;
• Residence in a particular USCIS District prior to filing;
• An ability to read, write and speak English;
• A knowledge and understanding of U.S. history and government;
• Good moral character;
• Attachment to the principles of the U.S. Constitution; and,
• Favorable disposition toward the United States

 

Question #9 – H-1B Nonimmigrant Visa

If I got fired from my job, can I apply for another H-1B visa with a different company?

Answer #9 – You should consult an Immigration Attorney to discuss your options.

 

Question #10 – L1 Intracompany Transferee Work Visa

How long can one stay in the US on an L-1A visa?

Answer #10 – If the L1A recipient is coming to open a new office in the U.S., the initial L1A visa will only be valid for a period of one (1) year. The recipient will then have to petition the USCIS for an extension of stay in L1A status. The max limit in L1A nonimmigrant visa status is seven (7) years.

 

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, April 16, 2021!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

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