MVP LAW GROUP – Immigration Q&A Forum, Friday, November 9, 2012

Posted On: November 9, 2012

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 – General
I have less than 6 months remaining on my passport. May I apply for my U.S. visa?

Answer #1
No, you should immediately apply for a new passport. If applicable, there is a federal regulation which grants an exception to certain “NATO” and “A” visa classifications.


Question #2 – Green Card
If I pay the I-485 application fee, and I submit an I-765 and/or I-131 with my I-485, do I have to pay the I-765/I-131 filing fees?

Answer #2
No. If you submitted Form I-485 on or after July 30, 2007 and paid the I-485 filing fee, you do not have to pay the I-131 filing fee or I-765 fee.


Question #3 – Green Card
When renewing a 10 year Green card do you have to submit any info of sponsoring employer?

Answer #3
No.


Question #4 – Green Card
If I submit an I-765 and/or I-131 after filing the I-485, do I have to pay the I-765/I-131 filing fees? What documents do I need to send to prove I already filed the I-485?

Answer #4
If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.


Question #5 – Student Visa
Can my family travel with me on a student visa?

Answer #5
The spouse and unmarried children under the age of 21 of an F1 student are eligible for F2 status, and may stay in the US as long as the primary student remains in legal F1 status.


Question #6 – Consular Processing
If my visa is refused; will I get my fee refunded?

Answer #6
No. Visa fees paid prior to the Visa Interview are non-refundable.


Question #7 – Nonimmigrant Visa
I still have a valid US nonimmigrant visa but my Indian passport has expired. Can I transfer this visa to my new passport?

Answer #7
You will need to carry both passports, no need to transfer the valid visa to the new passport.


Question #8 – Green Card
Can I request a waiver of the I-131 and I-765 filing fees?

Answer #8
If you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131.


Question #9 – General
If my child is a U.S citizen can I obtain legal status in the U.S?

Answer #9
It depends upon the age of your U.S. Citizen Child. In order for a U.S. Citizen to petition on behalf of their Parent, the U.S. Citizen must be at least 21 years old.


Question #10 – Green Card
Where do I find the instructions on where to file my I-485, I-765, and I-131 forms?

Answer #10
Instructions on where to file these forms are located on the instruction pages for all of the forms themselves, found at www.uscis.gov under the FORMS tab.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, November 23, 2012!

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