MVP “Immigration Q & A Forum” – 10/21/22

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 – Visa Interview 

If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself? 

Answer #1 – It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters where different languages are spoken. If you are applying in the U.S., when you go to your visa interview, you will need to provide a translator for yourself. This translator should not be an interested party in your case. 


Question #2 – Criminal Convictions 

Will a criminal conviction impair my ability to receive a temporary visa? 

Answer #2 – It depends upon the type of criminal conviction. Depending upon the seriousness of the criminal conviction, it is possible to be inadmissible and/or deportable for certain criminal convictions – crimes of moral turpitude, crimes involving domestic violence. You should speak with an Immigration Attorney to further discuss your situation. 


Question #3 – Child Status Protection Act (CSPA) 

What is the Child Status Protection Act? 

Answer #3 – According to the United States Citizenship and Immigration Services (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 #4 – General 

How do you determine a Prevailing Wage for a position? 

Answer #4 – The Department of Labor determines the prevailing wage for a particular position depending upon the job description, education level and experience required. 

The Foreign Labor Certification Data Center Online Wage Library is accessible to the public on the Internet at: Online Wage Library – FLC Wage Search Wizard 


Question #5 – L-1 Intracompany Transferee Work Visa 

Can spouses of L-1 visa-holders work in the US? 

Answer #5 – Yes, spouses of L-1 nonimmigrant visa holders are eligible to apply for L-2 dependent nonimmigrant visa status which allows for employment authorization. 


Question #6 – Green Card 

Is there a set period that I must live and work in the United States before I can apply for a Green Card? 

Answer #6 – No. Employers may in fact sponsor applicants overseas for employment-based green card sponsorship. 

Family members may also sponsor applicants overseas for family-based green card sponsorship. 

In these cases, overseas applicants will receive a temporary LPR stamp at the Consular Interview allowing them to travel to the U.S. Once in the U.S. and the immigrant visa fee paid, the physical Green Card will be mailed to the applicant at the U.S. address as listed on the Consular Processing forms. 


Question #7 – Green Card – Family Based Immigration 

If I applied for an I-130 outside of the US, do I have to come to the US for my interview appointment? 

Answer #7 – If you filed from outside of the U.S., and are still presently outside of the U.S., then you would attend an interview at the Consulate/Embassy, not in the U.S. 


Question #8 – Visa Process 

Will an expunged felony affect my Visa Process? 

Answer #8 – Although the conviction has been expunged by a federal, state or foreign court, it does not necessarily mean that the conviction has been expunged for immigration purposes. It is our recommendation that you contact our office to discuss your situation. 


Question #9 – Students and Employment 

Can a foreign student obtain employment while studying at a US university? 

Answer #9 – Generally, all employment is contingent on remaining within the terms and restrictions of your F-1 visa. There are several categories of employment during the term of your stay as an F-1 student in the United States. To further discuss your specific situation, please contact our office to schedule a consultation. 


Question #10 – 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 #10 – 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. 


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

Our next “Immigration Q & A Forum” is scheduled for Friday, November 4, 2022!

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

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