MVP LAW GROUP – Immigration Q&A Forum, Friday, March 16, 2018

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 – Citizenship

If I have been a Green Card Holder for 8 years, am I eligible to Apply for Citizenship?

Answer #1 – The general requirements for administrative naturalization include:
• A period of continuous residence and physical presence in the United States;
• Residence in a particular USCIS District prior to filing;
• An ability to read, write and speak English;
• A knowledge and understanding of U.S. history and government;
• Good moral character;
• Attachment to the principles of the U.S. Constitution; and,
• Favorable disposition toward the United States

 

Question #2 – Naturalization/Citizenship

If I want to apply for Citizenship, do I need to be present in the US to start the process?

Answer #2 – Yes, you must have lived in the state or district where you are filing your application for at least three (3) months.

 

Question #3 – Family Based Immigration

Do I need to change my I-130 petition if I filed for my relative as a LPR, but now I have become a US Citizen?

Answer #3 – Yes, you should contact the USCIS Office that is reviewing your application and inform them that you have become a U.S. Citizen by submitting a copy of your Naturalization Certificate.

 

Question #4 – H1B Nonimmigrant Work Visa

If I got fired from my job, can I apply for another H-1B visa with a different company?

Answer #4 – You should consult an Immigration Attorney to discuss your options.

 

Question #5 – Conditional Permanent Residence

How do I remove my conditions on my Conditional Green Card?

Answer #5 – File Form I-751, Petition to Remove Conditions on Residence with the USCIS, within 90 days of the expiration of the conditional permanent resident card. You should file the petition jointly with your spouse through whom you obtained conditional status. However, certain exceptions do exist that may allow you to apply for a waiver of the joint filing requirement.

 

Question #6 – Deferred Action for Childhood Arrivals (DACA)

Can you tell me want is happening with the DACA program?

Answer #6 – Excerpt from USCIS Web Site: Due to federal court orders, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. For more information, visit Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction.

 

Question #7 – K1, Fiancé Visa

If my fiancé’ was denied a tourist visa, can I still apply for a fiancé’ visa for her?

Answer #7 – It depends upon the specific circumstances of your case, i.e., the reason the tourist visa was denied. However, you should be able to apply for a fiancé visa for her. Please contact our office to schedule a consultation to further discuss.

 

Question #8 – NAFTA TN Visa

What is the typical processing time for the approval of a TN Visa?

Answer #8 – It depends upon whether you are a Canadian Citizen or a Mexican Citizen. Canadian citizens may apply for a TN visa directly at the Canadian border; whereas, a Mexican citizen must apply for and receive a TN visa stamp in their passport at a Mexican Consulate.

 

Question #9 – H1B Nonimmigrant Work Visa

Can I get a Social Security card if I am working in the US on H-1B status?

Answer #9 – Yes.

 

Question #10 – E-Verify

Do all businesses need to enroll in the USCIS E-Verify program? I run a small business with only 5 employees.

Answer #10 – No, it is not a mandatory requirement for all businesses at this time. Only Federal Contractors are required to enroll in the USCIS E-Verify Program at this time.

 

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

Our next “Immigration Q & A Forum” is scheduled for Friday, March 30, 2018!

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