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Question #1 – Naturalization
If my application for naturalization is denied by the USCIS, can I re-apply and how soon?
Answer #1 – Yes; however, how soon you re-apply depends upon several factors. You should discuss the reasons for denial with an Immigration Attorney and make an informed decision based upon the advice received from the Attorney.
Question #2 – 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 #2 – 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 #3– 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 #4 – Employment Based Immigration
Can I file multiple I-140 petitions in different immigration categories?
Answer #4 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.)
Question #5 – Employment Based Immigration
What is the difference between an EB-2 and an EB-3 classification for a Green Card?
Answer #5 – 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 #6 – 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 #6 – 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 #7 – 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 #7 – It depends upon the preference category that you are filing under. Certain preference categories require employer sponsorship; whereas, others do not.
Question #8 – H-1B Nonimmigrant Visa
Can I get a Social Security card if I am working in the US on H-1B status?
Answer #8 – Yes.
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 provide on your I-94 record is the length of time.
Question #10 – Family Based Immigration
I’ve 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 #10 – The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, May 6, 2022!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!