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Question #1 – Deferred Action for Childhood Arrivals (DACA)
If you apply for DACA and get denied, do you risk deportation?
Answer #1
As indicated on the USCIS website, if you apply for DACA and are denied, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will not review its discretionary determinations.
The USCIS will apply their policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of notices to appear. If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, they WILL NOT refer your case to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances.
*You will not be considered for DACA if you have been convicted of: A felony offense; A significant misdemeanor offense; or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct. Or, you are otherwise deemed to pose a threat to national security or public safety.
Question #2 – K1, Fiancé Visa
If my fiancé’ was denied a tourist visa, can I still apply for a fiancé’ visa for her?
Answer #2
It depends upon the specific circumstances of your case, i.e., the reason the tourist visa was denied. However, you should be able to apply for a fiancé visa for her. Please contact our office to schedule a consultation to further discuss.
Question #3 – NAFTA TN Visa
What is the typical processing time for the approval of a TN Visa?
Answer #3
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 #4 – 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 #4
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 #5 – Naturalization/Citizenship
If I want to apply for Citizenship, do I need to be present in the US to start the process?
Answer #5
Yes, you must have lived in the state or district where you are filing your application for at least three (3) months.
Question #6 – H1B Nonimmigrant Work Visa
If I got fired from my job, can I apply for another H-1B visa with a different company?
Answer #6
You should consult an Immigration Attorney to discuss your options.
Question #7 – E-Verify
Do all businesses need to enroll in the USCIS E-Verify program? I run a small business with only 5 employees.
Answer #7
No, it is not a mandatory requirement for all businesses at this time. Only Federal Contractors are required to enroll in the USCIS E-Verify Program at this time.
Question #8 – Citizenship
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 – H1B Nonimmigrant Work Visa
Can I get a Social Security card if I am working in the US on H-1B status?
Answer #9
Yes.
Question #10 – Conditional Permanent Residence
How do I remove my conditions on my Conditional Green Card?
Answer #10
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.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, June 10, 2016!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!