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Question #1- Family Based Immigration
I have 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 #1 – The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview.
Question #2 – Family Based Immigration
If I applied for an I-130 outside of the US, do I have to come to the US for my interview appointment?
Answer #2 – If you filed from outside of the U.S., and are still presently outside of the U.S., then you would attend an interview at the Consulate/Embassy, not in the U.S.
Question #3 – Employment Based Immigration
Does anyone with an Advanced Degree qualify for an EB-2 Category I-140?
Answer #3 – No. Please contact our office to schedule a consultation to further discuss your eligibility.
Question #4 – Unlawful Presence
I cannot remember the specifics regarding unlawful presence towards the 3yr and 10yr bars, can you provide those time periods?
Answer #4 – If an applicant remains in the US unlawfully (without authorization) for more than 180 days, they may be subject to the 3-year bar. If an applicant remains in the US unlawfully (without authorization) for more than 365 days (1 year), they may be subject to the 10-year bar.
Question #5 – Exchange Visitors
My niece has a J1 visa, and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time that she has to leave the country without incurring any unlawful presence?
Answer #5 – Considering the circumstances, if your niece’s visa was cancelled, she should make arrangements to leave immediately. If your niece’s visa has expired, which is different – you should speak with a qualified Immigration Attorney.
Question #6 – H-1B Nonimmigrant Visa
What is the difference between having H-1B status and having an H-1B visa?
Answer #6 – H-1B status generally refers to your legal status while in the United States, as the moment you exit the U.S., you are no longer considered in H-1B status. An H-1B visa is a stamp that you receive in your passport when a Consular Officer approves your H-1B petition at a U.S. Consulate overseas. The valid H-1B visa stamp allows you to enter the U.S. as an H-1B nonimmigrant in H-1B visa status.
Question #7 – J-1 Visa
My niece has a J1 visa and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time period that she has to leave the country without incurring any unlawful presence?
Answer #7 – Considering the circumstances, if your niece’s visa was cancelled then she should make arrangements to leave immediately. If your niece’s visa has expired, which is different – you should speak with a qualified Immigration Attorney.
Question #8 – H-1B Nonimmigrant Visa
Is there any limit to how many times I can apply for an H-1B transfer?
Answer #8 – No.
Question #9 – Visa Interview
If I do not speak English, when I go to my interview for my visa, will a translator be provided for me, or will I need to provide one myself?
Answer #9 – It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters where different languages are spoken. If you are applying in the U.S., when you go to your visa interview, you will need to provide a translator for yourself. This translator should not be an interested party in your case.
Question #10 – Green Card
If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?
Answer #10 – 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.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, July, 9, 2021!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!