MVP “Immigration Q & A Forum” – 11/18/22

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 – Green Card

Does Green Card processing duration depends on the country of birth or country of nationality?

Answer #1 – Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.


Question #2 – Green Card – Employment Based Immigration
If I wanted to sponsor an H-1B worker for employment under the EB-2 or EB-3, what is the first step in this process?

Answer #2 – The first step in the Employment Based Green Card process is the filing of the Labor Application with the Department of Labor after a good faith test of the U.S. Labor Market has been conducted and no willing, able or qualified U.S. workers are available for the position.

To further discuss all of the steps involved in the sponsorship process, please contact our office to schedule a consultation.


Question #3 – H-1B Nonimmigrant Visa
What happens if my company lays me off while I am employed on an H-1B Visa?

Answer #3 – By sponsoring you, your employer agreed to be liable for the reasonable costs of your return transportation abroad if you are dismissed before the authorized stay.
Furthermore, if another company is interested in sponsoring your H1B visa, they may file an H-1B visa transfer petition with the USCIS on your behalf to take over sponsorship.


Question #4 – Child Status Protection Act (CSPA)

What is the Child Status Protection Act?

Answer #4 – 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 #5 – TN NAFTA Professionals

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

Answer #5 – 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 #6 – Green Card – Employment Based Immigration
My I-140 was recently approved. Can I apply for Adjustment of Status (AOS)?

Answer #6 – If your priority date is current, then yes, you may apply for Adjustment of Status by filing Form I-485 with the USCIS. If your priority date is not current, you must wait for it to become current before you can file your Adjustment of Status application.


Question #7 – Students and Exchange Visitors

This fall, I will be enrolled in a US University on a student Visa. Can I get a job while I am taking classes?

Answer #7 – Speak with your Designated School Official (DSO), as certain on-campus employment may be possible.


Question #8 – Visa Bulletin

Where can I find the visa bulletin numbers?

Answer #8 – On the U.S. Department of State website: Visa Bulletin


Question #9 – Family Based Immigration

Can I apply for green cards for my in-laws? I am a US Citizen and we are waiting for my spouse’s to get approved?

Answer #9 – No!

Eligible immediate relatives include the U.S. citizen’s:

  • Spouse
  • Unmarried child under the age of 21
  • Parent (if the U.S. citizen is over the age of 21)


Question #10 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 #10 – It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters were 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.


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 2, 2022!

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

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