MVP LAW GROUP – Immigration Q&A Forum, Friday, November 8, 2013

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
Can an illegal immigrant apply for a Driver’s license? If so, what do they need to bring?

Answer #1
The answer to your question is going to depend upon the laws of the State in which the undocumented immigrant lives/resides. Some states allow for undocumented immigrants to obtain driver’s licenses, while other states do not.

Question #2 – Family Based Immigration
We received a notice from the USCIS stating my I-130 case was transferred to another office for processing. Will this affect the processing of my case?

Answer #2
Yes. It is highly likely that the case was transferred to another office for processing so that the USCIS can attempt to process the case in a timely manner. According to the posted processing times, it is currently taking 5-11 months for an I-130 petition to be processed by the USCIS.

Question #3 – Family Based Immigration
I’m a Green Card holder and would like to get married in India. How long would it take for my spouse to come to US?

Answer#3
If you marry your spouse in India, you will have to file form I-130 along with supporting evidence with the USCIS to establish the validity of your marriage/relationship. Currently the posted processing times for the I-130 petition are between 5-11 months. Once the I-130 petition is approved, then your spouse would go through Consular Processing to obtain his/her Green Card. You would need to file the necessary documents online or with the National Visa Center itself, and the NVC would then coordinate with the specific Consular Post to schedule the Green Card interview.

Question #4 – Family Based Immigration
I am a US Citizen and I want to file forms I-130 and I-485 for parents so that I can start their green card process. Unfortunately, they both don’t have their birth certificates. They both have visited USA and have the multi-entry visit visas. They both have Indian passports. What is an alternative acceptable form that I can provide with my application packet if I don’t have their birth certificates?

Answer #4
You will need to make a request with the civil authority responsible for producing and recording their birth certificates in their home country. If you are still unable to obtain the birth certificates, then you can attempt to submit affidavits of birth from numerous relatives attesting to the birth of your parents. Each application should be accompanied by at least two affidavits of birth from relatives who were present at the birth of your parents.

Question #5 – General
When you receive a notice of intent to deny, once you reply to the notice, do other issues not addressed in the notice of intent to deny affect the decision?

Answer #5
In almost all Notices of Intent to deny, all grounds for denial are listed and the Petitioner/Applicant has the opportunity to rebut/address each ground for denial with evidence. If the Petitioner/Applicant is not able to address all grounds listed in the Notice of Intent to Deny (NOID), then it is likely that the case will be denied. If there is an option to appeal, it will be listed in the denial notice.

Question #6 – Family Based Immigration
This year, I married my spouse overseas. I am a US Citizen and I am filing the petition I-130 to bring her to the states. I meet all of the requirements. But, I am unemployed. Please advise if it is Ok to apply now or wait until I get a job?

Answer #6
It depends upon your particular situation. You may use a joint sponsor or a household sponsor to establish that you meet/exceed the poverty guidelines; however, in my experience I would highly recommend that you wait until you get a job before filing the I-130 petition.

Question #7- Naturalization/Citizenship
My 10 year Green Card is about to expire next month. Can I apply for Naturalization using the N-400 form now or do I have to apply for another 10 year renewal using the I-90 form?

Answer #7
If you meet the eligibility requirements for Naturalization/Citizenship, then you may apply now using Form N-400. However, if you do not meet the eligibility requirements for Naturalization/Citizenship because of presence issues, criminals issues, or other reasons, then you may want to renew your green card by filing Form I-90 with the USCIS. You should contact our office to speak with an experienced Attorney concerning your particular situation before doing anything.

Question #8 – Adjustment of Status
If you are applying for an I-485, do all of the foreign documents need to be translated? My birth and marriage certificates are in Spanish.

Answer #8
Yes, all documents submitted to the USCIS must be translated and certified by a translator.

Question #9 – H1B Nonimmigrant Visa
For an H-1B Visa, what is considered a specialty occupation?

Answer #9
Specialty Occupations are defined as those that require a theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. We have filed numerous H-1B cases for doctors, dentists, pharmacists, teachers/professors, various IT positions, graphic designers, civil engineers, etc.

Question #10 – H1B Nonimmigrant Visa
My H-1B visa was approved through my United States employer, but I am currently abroad. Do I have to enter the U.S. on the start date listed on my H-1B approval notice or can I enter sooner?

Answer #10
Do you have a valid H-1B visa stamp in your passport? If so, then you are able to enter the U.S. at least a week prior to the commencement of your employment in H-1B nonimmigrant visa status.

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 22, 2013!

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