Archive – Holiday Post – Immigration Q&A Forum – Originally posted 9/25/21

This blog entry was originally posted on 9/25/21. We here at the MVP Law Group would like to wish every one of our blog readers Happy Holidays! 

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 – Child Status Protection Act (CSPA)

What is the Child Status Protection Act?

Answer #1 – According to the USCIS, The Child Status Protection Act (CSPA) amended the Immigration Nationality Act (INA) by changing who qualifies as a child for purposes of immigrant. This permits certain beneficiaries (see the glossary for a definition of the term “beneficiary”) to retain classification as a “child,” even if he or she has reached the age of 21.


Question #2 – B-1 Temporary Business Visitor

How long can someone stay in US on a Business Visa (B-1/B-2)?

Answer #2 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B-1/B-2 visa is 6 months.


Question #3 – H-1B Nonimmigrant Visa

I have vacation plans to go out of the country the first week of October. Can I file my H-1B extension petition prior to leaving?

Answer #3 – More information is needed to provide a sufficient answer. When does your current H-1B expire? Generally, we recommend that you do not travel unless it is an emergency, while a case is pending with the USCIS.


Question #4 – Immigrant Petition for Alien Workers

What happens if I get fired from a company who sponsored my I-140?

Answer #4 – Being a recipient of an approved I-140, Immigrant Petition for Alien Relative does not give you lawful status in the U.S. If you are fired by the company that sponsored your I-140 petition, the company is within their legal authority to withdraw your I-140 petition. You should contact our office so that we may discuss all the circumstances of your case.


Question #5 – Citizenship Resource Center

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

Answer #5

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 #6 – Visa Bulletin

Where can I find the visa bulletin numbers?

Answer #6 – On the U.S. Department of State website: Visa Bulletin


Question #7 – 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 #7 – 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 #8 – NAFTA (TN) Visas

I am on a TD visa in the US. Can I get a work permit?

Answer #8 – No. The spouse and/or child of a TN visa worker “shall not accept employment in the United States unless otherwise authorized.”


Question #9 – H-1B Nonimmigrant Visa

How long do you have to work in the US under H-1B before you can apply for an I-140?

Answer #9 – There is no specific set time frame, as an applicant who has never been in the U.S. can be sponsored for an employment based green card by a U.S. employer.


Question #10 – Conditional Permanent Residence

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

Answer #10 – 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.


MVP LAW GROUP –Immigration Q&A Forum – Originally posted 9/25/21

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