MVP “Immigration Q & A Forum” – 3/10/23

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Question #1 – Green Card 

Can I apply for a spousal visa if I am getting married to a green card holder & am currently in H-1B visa status? 

Answer #1 – Yes; however, you must first marry your spouse. After marriage, your green card holder (Lawful Permanent Resident) spouse, may then prepare and submit an I-130, Petition for Alien Relative on your behalf to the USCIS for processing. 


Question #2– What should I do if I am taken into Immigration (ICE) Custody? 

Answer #2 

  • You have a right to a lawyer – you will not be provided a lawyer, you will have to find a lawyer • You have a right to contact your consulate • Tell the ICE agent you wish to remain silent • DO NOT SIGN ANYTHING • Remember your “A” number and give it to your family – this is how they will be able to locate you • Keep a copy of your immigration documents with someone you trust 


Question #3 – Family Based Immigration 

I have read conflicting information on the internet; can you please clarify for me who is responsible for scheduling the Green Card Interview, my spouse or the Consulate itself? 

Answer #3 – The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview. 


Question #4 – Employment Based Immigration 

What is the difference between an EB-2 and an EB-3 classification for a Green Card? 

Answer #4 – The EB-2 preference classification is open to 3 types of foreign nationals: (1) Exceptional Ability in the Sciences, Arts or Business; (2) Advanced Degree Professionals; (3) Qualified Alien Physicians who will practice medicine in an area of the U.S., which is under-served. 

The EB-3 classification includes aliens with at least two years of experience as skilled workers; professionals with a baccalaureate degree; and other workers with less skills who can contribute abilities unavailable in the U.S. Skilled workers should have at least two years’ experience, either through hands-on experience or through post-secondary education. Professionals should have either a U.S. bachelor’s degree or a foreign equivalent degree. 


Question #5 – B-1 Temporary Business Visitor 

Right now, I am in the US on a B1 Visa. Can I apply for an L1 visa after using the B1 visa? Is there a waiting period before applying? 

Answer #5 – A B-1 visa is a visitor/business/tourism visa, which allows you to enter the U.S. for a specific period of time with the intent to return to your residence abroad, and which does not allow you to work. An L-1 visa is a temporary nonimmigrant work visa, which allows you to enter the U.S. to work for a specific period of time with the intent to return to your residence abroad at the end of the specific time period. 

*You should speak with a qualified Immigration Attorney about your situation.  


Question #6 – Employment Based Immigration 

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

Answer #6 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.) 


Question #7 – H-1B Nonimmigrant Visa 

Can I get a Social Security card if I am working in the US on H-1B status? 

Answer #7 – Yes. 


Question #8 – Employment Based Immigration 

Can I file for a Green Card on my own or does my employer have to sponsor me? Does it make a difference in processing? 

Answer #8 – It depends upon the preference category that you are filing under. Certain preference categories require employer sponsorship; whereas others do not. 


Question #9 – Business Visa (B1/B2) 

For how long can a person stay in US on a Business Visa (B1/B2)? 

Answer #9 – It depends, normally for a period of 6 months; however, whatever date the Customs and Border Patrol (CBP) stamp provides on your I-94 record is the length of time. 


Question #10 – 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 #10 – 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. 


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

Our next “Immigration Q & A Forum” is scheduled for Friday, March 24, 2023!

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

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