MVP LAW GROUP – Immigration Q&A Forum, Friday, Jan. 6, 2017

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Question #1 – Affidavit of Support

What is an Affidavit of Support?

Answer #1

USCIS: An affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently.

 

Question #2 – General

How long can you lawfully stay in the United States before returning home after a visa expires?

Answer #2

There is no safeguard/grace period written in the regulations; however, everyone should be aware of the 3 year/10 year bars. Persons who have accumulated 180 days or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for 3 years. Persons who have accumulated one year or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for 10 years.

 

Question #3 – Immigration Petition for Alien Relative

As a U.S. citizen, for whom can I file an I-130 Form?

Answer #3

As a USC, you may sponsor (file an I-130, Immigration Petition for Alien Relative) petition on behalf of your Immediate Relatives – Parents, Spouse, and Children who are under 21 and unmarried. Visas are always available for Immediate Relatives of USCs.

You may sponsor other family members who are not immediate relatives; however, the preference categories apply and you may experience significant delays in the sponsorship of those relatives depending upon their country of chargeability and relationship to you.
• First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
• Third Preference: Married sons and daughters (any age) of U.S. citizens • Fourth Preference: Brothers and sisters of adult U.S. citizens

 

Question #4Green Card

If my wife just received her EAD, can she apply for a Social Security Number or does she have to wait until her Green Card is approved?

Answer #4

Once you are officially authorized to work in the United States (issuance of an Employment Authorization Document) you may apply for a Social Security Number.

 

Question #5 – General

My name was spelled incorrectly on my I-797 receipt notice for my I-129. Can I have it corrected and will it affect the approval process?

Answer #5

Contact the USCIS at 1-800-375-5283 and initiate a Service Request to correct the typographical error, so that the approval notice is accurate.

 

Question #6 – Green Card

Does Green Card processing duration depends on the country of birth or country of nationality?

Answer #6

Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.

 

Question #7 – Visa Bulletin

Where can I find the visa bulletin numbers?

Answer #7

On the U.S. Department of State website: Visa Bulletin

 

Question #8 – H1B Nonimmigrant Work Visa

Is there a grace period for applying for an H-1B transfer after termination from a previous sponsoring employer?

Answer #8

According to the USCIS, there is no grace period. In practice, a period of two weeks is a reasonable period of time in order to transition to new employment; however, the regulations do not provide for a grace period.

 

Question #9 – Deferred Action for Childhood Arrivals (DACA)

If I returned my work permit for DACA, during the required time period, will I be issued a new one and how soon?

Answer #9

Yes. The USCIS website provides the following information:
• IF you have a three-year Employment Authorization Document that was issued to you after the February 16, 2015, court order. THEN, your three-year card is no longer valid and you must return it. USCIS has already sent a replacement card valid for two years and one or more letters instructing you to return your three-year EAD.
• If you have a three-year Employment Authorization Document that was initially issued to you on or before the February 16, 2015, court order, but then re-mailed to an updated address after the court order. THEN, your three-year card is no longer valid and you must return it. In those cases, USCIS is in the process of sending you a replacement card valid for two years.

 

Question #10 – Employment Authorization (EAD)

I filed for my EAD renewal back in May and it is still pending. My current EAD expires next week. What are my options?

Answer #10

Stop working once your current EAD expires and wait for the delivery of your new EAD. Or, if you are eligible/qualify, you may submit an expedite request to the USCIS through an INFOPASS Appointment at a local office.

USCIS Expedite Criteria:
• Severe financial loss to company or individual • Extreme emergent situation • Humanitarian situation • Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States • Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error • Compelling interest of USCIS

 

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

Our next “Immigration Q & A Forum” is scheduled for Friday, January 20, 2017!

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

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