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MVP “Immigration Q & A Forum” – 8/11/23

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 – Deportation 

Can a person who was deported from the U.S.A ever return to the US legally? 

Answer #1 – It depends. If a noncitizen was deported from the U.S., they are not supposed to attempt to reenter for a specified period of time, if ever. It depends upon factors such as the reason for removal, and whether the person was convicted of a crime, etc. You should contact an Immigration Attorney to further discuss. 

 

Question #2 – Lawful Permanent Resident (LPR) 

If I am a Permanent Resident, can I file a petition for my parent’s Green Card? 

Answer #2 – No. You may sponsor your Parents if/when you become a United States Citizen. 

 

Question #3 – Visa Bulletin 

Where can I find the visa bulletin numbers? 

Answer #3 – On the U.S. Department of State website: Visa Bulletin 

 

Question #4 – Asylum 

How does someone apply for Asylum status in the US? 

Answer #4 – If someone is eligible for Asylum or may think they are eligible for Asylum, they should speak with an Immigration Attorney immediately, as there is a time frame for applying for Asylum once arriving in the United States. If a person is eligible for Asylum, they apply directly with the USCIS by completing and submitting Form I-589, Application for Asylum and for Withholding of Removal, along with substantiating evidence to support their Asylum claim. 

 

Question #5 – Green Card 

Can I change my employer once I receive my Green Card or is there a waiting period? 

Answer #5 – Our recommendation is that you wait at least six (6) months after receiving your green card before changing employers. 

 

Question #6 – Employment Based Immigration 

Can I file multiple I-140 petitions in different immigration categories? 

Answer #6 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.) 

 

Question #7 – Advance Parole (AP) 

If my Advance Parole is about to expire and I do not plan to travel outside of the US within the next year, do I have to renew it? 

Answer #7 – No; however, it may be a good idea to renew it – just in case, as you never know when things may happen that require you to travel abroad with short notice. 

 

Question #8 – B-1 Temporary Business Visitor 

How long can someone stay in the US on a Business Visa (B1/B2)? 

Answer #8 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B1/B2 visa is 6 months. 

 

Question #9 – Consular Processing 

How does Consular Processing work? 

Answer #9 – The USCIS website sufficiently explains how Consular Processing works. 

 

Question #10 – Conditional Permanent Residence 

Is there any type of restrictions on a Conditional Green Card? Once I get my green card, can I travel out of the country? 

Answer #10 – A conditional green card is only granted for a period of two years. Within 90 days of the expiration of the two-year anniversary period, you must file to remove those conditions (Form I-751) with the USCIS, or risk losing conditional green card status and being deported. With a conditional green card, you may travel outside of the U.S.; however, you should limit your trips abroad to less than one (1) year to avoid any abandonment issues, unless you have applied for a re-entry permit. 

 

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

Our next “Immigration Q & A Forum” is scheduled for Friday, August 25, 2023!

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

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