MVP LAW GROUP – Immigration Q&A Forum, Friday, September 29, 2017

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 – 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 #1 – 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

 

Question #2 – Immigration Petition for Alien Relative

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

Answer #2 – 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 #3 – Biometrics

My priority date is current but waiting for a Green Card. I just received second biometrics appointment notice. My first one I got was in Feb of 2016. Do I have to attend the second appointment?

Answer #3 – Yes, you should attend your biometrics appointment and notify the front reception desk that you appeared back in February 2016. If a second set of fingerprints is not required, they will let you know. Generally, fingerprints are valid for a period of 15 months only, so it is likely that a second set of fingerprints are required to complete the adjudication process.

 

Question #4 – Affidavit of Support

What is an Affidavit of Support?

Answer #4 – 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 #5 – General

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

Answer #5 – 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 #6 – Naturalization

If my application for naturalization is denied by the USCIS, can I re-apply and how soon?

Answer #6 – Yes; however, how soon you re-apply depends upon several factors. You should discuss the reasons for denial with an Immigration Attorney and make an informed decision based upon the advice received from the Attorney.

 

Question #7 – Green Card

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

Answer #7 – 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 #8 – 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 #8 – 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 #9 – Green 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 #9 – 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 #10 – Visa Bulletin

Where can I find the visa bulletin numbers?

Answer #10 – On the U.S. Department of State website: Visa Bulletin

 

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 13, 2017!

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

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