MVP “Immigration Q & A Forum” – 10/6/23

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.

 

  1. What is nun pro tunc?

Nun pro tunc is a Latin term meaning “now for then.” In the immigration context, it refers to an action taken by a government agency that applies retroactively to correct the record. It is normally utilized when there is a clerical error or oversight that needs to be corrected through no fault of the Applicant/Beneficiary.

  1. Who is EOIR?

EOIR stands for the Executive Office for Immigration Review. EOIR is a sub-agency of the U.S. Department of Justice. EOIR is responsible for conducting removal proceedings and adjudicating appeals in Immigration Court. Individuals in removal proceedings have been issued a Notice to Appear in Immigration Court on a specific day at a specific time. For more information on EOIR, please visit: https://www.justice.gov/eoir

  1. Who is ZAR?

ZAR is the Arlington, VA USCIS Asylum Office.

  1. Where can I find pro bono assistance for a removal immigration case?

You should contact a pro bono legal service provider in your area. There are many well-known pro bono legal service providers in the DMV (District of ColumbiaMarylandVirginia) A list has been made available by the EOIR: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers

  1. I have a pending asylum case with no other status. I have an EB1A approved I-140 petition. May I file for my Green Card now?

No. Asylum does not give you a lawful status to apply for Adjustment of Status. You must be in a valid nonimmigrant lawful status in order to file for your Green Card.

  1. I want to sponsor someone under the Uniting for Ukraine program. How do I do it?

Visit https://www.uscis.gov/ukraine and https://www.dhs.gov/ukraine and follow the steps provided. The U.S. supporter must first prepare and submit a Form I-134, Declaration of Support with the USCIS.

  1. How much money do I need to have in order to sponsor a family member?

It depends upon several factors: your household size, if you are active-duty military sponsoring a spouse or child, and where you reside.  If you are active-duty military sponsoring a spouse or child, you must establish evidence that you can support your family member at 100% of the poverty guidelines no matter where you reside. In other words, you must make at least if not more than the amount listed for your household size in the poverty guidelines chart under 100%. If you are not active-duty military, you must establish evidence that you can support your family member at 125% of the poverty guidelines no matter where you reside. In other words, you must make at least if not more than the amount listed for your household size in the poverty guidelines chart under 125%. Alaska and Hawaii have their own poverty guidelines. All other 48 states use the same chart. Visit the USCIS website to review the current poverty guidelines @ https://www.uscis.gov/i-864p.

  1. I am a U.S. Citizen, and my wife is a U.S. Citizen. Our twins were born in India and are 12 years old. How can we naturalize them?

Contact our office for assistance. There are certain requirements that must be satisfied. If they are eligible, you may be able to apply for a U.S. passport directly with the Department of State, or if necessary, through the filing of Form N-600, Application for Certificate of Citizenship with the USCIS.

  1. I may have inadvertently registered to vote but I haven’t voted. What should I do?

Contact your State Board of Elections and request a copy of your voting record and then request the State Board of Elections to remove you from the voter registration records.

  1. If I am making payment plans to the IRS concerning my taxes, will this hurt my immigration case?

It depends on the type of case filed and the reason for the payment plan. Contact our office for assistance.

 

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

Our next “Immigration Q & A Forum” is scheduled for Friday, October 20, 2023!

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

Contact Information