H1B Visa Lawyer Blog
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.
- My name is spelled wrong on my Naturalization application, how do I correct it? You may not be able to correct it. USCIS cannot make any changes to a name on a Certificate of Naturalization if you provided an incorrect name on your Form N-400 and signed your N400 during your Interview. The USCIS may only change your name on your Certificate of Naturalization if you changed your name after your naturalized.
It is imperative at the time of your N400 Interview that you double check the spelling of your name and your date of birth as they appear on the screen. It is also important to take a few moments once you receive your Naturalization Certificate at the N400 Oath Ceremony to thoroughly review it for accuracy, paying close attention to the spelling of your name and Date of birth. If there are any errors, you should speak with a USCIS representative then and there and not leave the building until the issue has been resolved.
- I am deaf and will need an ASL interpreter. How do I go about requesting one? Per the USCIS website, to request a sign language interpreter, applicants should call the USCIS Contact Center at 1-800-375-5283 (TTY: 800-767-1833) or use the online accommodations request form. Please note that an accommodation request must be submitted each time you need one, for each appointment.
For example, if you filed concurrent I-130/I-485 applications upon receiving your receipt notices, you should contact the USCIS to let them know that you need an interpreter for the fingerprint appointment. After the fingerprint appointment and prior to the interview, you will need to contact the USCIS again to let them know that you will need an interpreter for the interview. If you later plan to Naturalize, same thing – contact USCIS for interpreter if fingerprints are required, and then again for the in-person civics test and N400 Interview.
- I am a U.S. Citizen and a participant of the Global Entry program, yet I just got a hefty criminal charge. Can I still use the Global Entry program to enter the U.S.?
It is likely the answer is NO. Being convicted of any criminal offense or have pending criminal charges or outstanding warrants makes you ineligible for the Global Entry program.
- How long does it take to get a U.S. passport? For those that applied on or after November 6, 2023, it is currently taking 7-10 weeks for Routine processing; and 3-5 weeks for expedited processing. These processing times do not account for the time it takes the passport to be delivered to you via USPS, which may be another 2-3 weeks. https://travel.state.gov/content/travel/en/passports/how-apply/processing-times.html
- I am out of the country and need to appear for biometrics. How do I reschedule my appointment? The USCIS launched a new self-tool allowing applicants to reschedule their fingerprint appointments prior to the date of the appointment online. You may still contact the USCIS Contact Center at 1-800-375-5238 to request to reschedule; however, the USCIS strongly encourages applicants to use the new online tool. You may submit a request to reschedule via a USCIS online account so long as the appointment hasn’t already been rescheduled 2 or more times, is not within 12 hours, or hasn’t already passed. You must also have good cause to reschedule your fingerprint appointment. The USCIS has indicated sufficient reasons to reschedule include: illness, medical appointment or hospitalization; previously planned travel; significant life events such as wedding, funeral or graduation ceremony; inability to obtain transportation to the appointment location; inability to obtain leave from employment or caregiver responsibilities; and late delivered or undelivered biometric service appointment notice. It is imperative that your request to reschedule be made timely. https://www.uscis.gov/newsroom/news-releases/uscis-launches-online-rescheduling-of-biometrics-appointments
- What is the Afghan Adjustment Act? The Act would allow certain Afghan evacuees to apply for permanent resident status after one year of being paroled into the country. https://www.congress.gov/117/bills/s4787/BILLS-117s4787is.pdf
- Will there ever be Immigration Reform? We remain optimistic. In our opinion, Immigration has become so politicized that it would be difficult for Congress to develop and approve comprehensive immigration reform. It is more likely to come in the form of piecemeal legislation, meaning legislation focused on one area of Immigration at a time. Immigration Reform is long overdue given the system is operating based on laws developed in the 80’s and it is 2023.
- How long does it take to receive the PERM certification once the Labor is filed? According to the Department of Labor website, it is currently taking approximately 12 months to receive PERM certification once the Labor is submitted. https://flag.dol.gov/processingtimes
- I have to travel to Bolivia for my Immigrant Visa interview. Can I complete my medical examination in the U.S.? No, you may not. Your medical examination must be conducted in Bolivia by a physician accredited by the U.S. embassy.
- What is administrative processing? Administrative processing is additional review of a visa application outside of normal processing times which takes place after a visa interview. Administrative processing may occur if an applicant is missing material information or documentation during the visa interview. Prior to the issuance of a visa, a Consular Officer must also review different databases to determine if information may exist that could impact the applicant’s eligibility for a visa. Once a case is placed in administrative processing, the applicant will receive a section 221(g) letter notifying them the case has been placed in administrative processing. Most cases in administrative processing are resolved within 60 days of the visa interview. If a case has been pending more than 90 days in administrative processing, we recommend you contact a qualified Immigration Attorney for assistance.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, December 1, 2023!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!