MVP “Immigration Q & A Forum” – 11/26/21

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 – 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 #1 – 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 #2 – Visa Process

Will an expunged felony affect my Visa Process?

Answer #2 – 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 #3 – 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 #3 – 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 #4 – Green Card

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

Answer #4 – 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 #5 – Re-Entry Permit (PDF)

What does a legal resident have to do to stay outside the U.S. for more than 6 months?

Answer #5 – If a Legal Permanent Resident of the U.S. wants to make trips outside of the U.S. for periods of 6 months or more, they should prepare and file a Re-Entry permit with the USCIS, Form I-131. Still, you should contact an Immigration Attorney to discuss your specific situation.


Question #6 – 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 #6 – 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.


Question #7 – Green Card – 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 to get approved?

Answer #7 – 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 #8 – General

How do you determine a Prevailing Wage for a position?

Answer #8 – 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 #9 – Green Card – Employment Based Immigration

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

Answer #9 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.)


Question #10 – Deportation

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

Answer #10– 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.


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 10, 2021!

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

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