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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?
- 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!