MVP LAW GROUP – Immigration Q&A Forum, Friday, July 5, 2013

Posted On: July 5, 2013

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Question #1 – Family Based Immigration - Marriage
Can my same sex spouse partner apply for a Green Card now that DOMA has passed? I am a US Citizen and he is from Spain. We were wed in New York in 2011.

Answer #1
Yes he can, as long as you are able to fully document your bona fide martial relationship, and are able to satisfy other eligibility requirements.


Question #2 – Family Based Immigration - Marriage
If I am a legal permanent resident and I want to marry my partner, will this affect my ability to naturalize?

Answer #2
No it should not, as long as you meet other eligibility requirements for Naturalization (i.e., continuous presence; no serious criminal convictions or crimes of moral turpitude, etc.)


Question #3 – General
This fall, I will graduate from college, but I want to stay in the United States and work. What options do I have?

Answer #3
There are many options available. You should first speak with your DSO – Designated School Official about the various options available. If after speaking with your DSO, and you still have questions concerning your eligibility for the various options available, you should contact a qualified Immigration Attorney to discuss your plans/goals of remaining in the U.S. (Some of the options include: OPT, H-1B, etc.)


Question #4 – Employment Based Immigration
How do I prove exceptional ability in the medical field for an E-B1 Visa?

Answer #4
To qualify under this category the individual should be one at the “top of her/his field of endeavor,” as demonstrated by national or international acclaim which should be recognized through extensive documentation. The alien should continue to work in the same field and provide proof of how s/he would substantially benefit the U.S. prospectively. The law provides that receipt of the Nobel Prize or at least three types of evidence from the list below are needed to satisfy the criteria.
Note that the submitted documentation must relate to and support the specific case presented to the USCIS.


  1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
  2. Documentation of the alien’s membership to associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields.
  3. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
  4. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.
  5. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
  6. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
  7. Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
  8. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales.
  9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
  10. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.

Question #5 – Deferred Action for Childhood Arrivals
What forms do I need to apply for DACA?

Answer #5
You would need to submit Forms I-821D; I-765 and I-765WS, along with extensive evidence that you meet each of the eligibility requirements.


Question #6- Naturalization/Citizenship
Four years ago, I was admitted to the United States as a legal permanent resident because I am the spouse of another legal permanent resident. When is the earliest I can apply for U.S. Citizenship?

Answer #6
Lawful permanent residents are eligible to apply for U.S. Citizenship after residing in the U.S. in LPR for a period of 5 years; however, technically, an LPR is able to apply after 4 years 9 months of being in LPR status, if all other eligibility requirements are satisfied.


Question #7 – Employment Based Immigration
In the next month, I am hiring a consultant from the U.K. to work for my US company. I understand that, as her potential employer, I need to start the immigration process for her. What forms should I file?

Answer #7
Please contact our office to speak with a qualified Immigration Attorney to better access the potential employee’s situation and have an in-depth discussion concerning the company, its goals and the immigration process.


Question #8 –Naturalization/Citizenship
Can I apply for US citizenship for my 18 year old brother? We are from Iran and I have been a U.S. citizen for 5 years. I have heard the new Immigration law won’t allow me.

Answer #8
There is no new Immigration Law at this point. The Senate has passed the Comprehensive Immigration Reform Bill, but it still must be passed through the House and then signed by the President before it is concerned LAW. Accordingly, if you wish to file on behalf of your brother, speak with a qualified Immigration Attorney and get started now to reserve your brother’s place in line.


Question #9 – H-1B Nonimmigrant Visa
What is a Labor Condition Application?

Answer #9
Form ETA 9035/9035E is a document that a prospective H-1B employer files with ETA when it seeks to employ nonimmigrant workers at a specific job occupation in an area of intended employment for not more than three years. In this document, the employer attests to standards to which it will adhere. It must be certified by the authorized DOL official pursuant to the provisions of 20 C.F.R. §655.740 before it can be used.


Question #10 – H-1B Nonimmigrant Visa
How many times can you renew an H-1B Visa? My company has sponsored mine three different times. Is it possible to get it a 4th Time?

Answer #10
You may renew an H-1B visa for as long as the individual remains eligible to extend the H-1B visa. Accordingly, if a labor application has been filed on your behalf with the Department of Labor, or an I-140 petition has been approved on your behalf, you may be eligible to get an extension beyond the normal 6 year limit for H-1B nonimmigrants. Please speak with a qualified Immigration Attorney to discuss about the specifics of your case.


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 19, 2013!

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