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Question #1 – Employment Based Immigration
Can I file multiple I-140 petitions in different immigration categories?
Answer #1 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.)
Question #2 – Lawful Permanent Resident (LPR)
If I am a Permanent Resident, can I file a petition for my parent’s Green Card?
Answer #2 – No. You may sponsor your Parents if/when you become a United States Citizen.
Question #3 – H-1B Nonimmigrant Visa
Is it possible for me to switch from an H-1B visa to another status? How long does it normally take?
Answer #3 – Generally, yes and it depends. You have not provided sufficient information to provide a solid answer. Please contact our office to schedule a consultation to discuss any options that may be available.
Question #4 – Asylum
How does someone apply for Asylum status in the US?
Answer #4 – If someone is eligible for Asylum or may think they are eligible for Asylum, they should speak with an Immigration Attorney immediately, as there is a time frame for applying for Asylum once arriving in the United States. If a person is eligible for Asylum, they apply directly with the USCIS by completing and submitting Form I-589, Application for Asylum and for Withholding of Removal, along with substantiating evidence to support their Asylum claim.
Question #5 – Green Card
Can I change my employer once I receive my Green Card or is there a waiting period?
Answer #5 – Our recommendation is that you wait at least six (6) months after receiving your green card before changing employers.
Question #6 – Deportation
Can a person who was deported from the U.S.A ever return to the US legally?
Answer #6 – 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.
Question #7 – Green Card
If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?
Answer #7 – A green card is valid for a period of 10 years; you may renew 6 months prior to its expiration. You may renew your green card by filing Form I-90 with the USCIS.
Question #8 – Family Based Immigration
I am marrying a United States citizen in two weeks; do you know when I can expect to have my interview to change my status?
Answer #8 – You will have to file the Immigrant Petition along with the Adjustment Application and allow those petitions to process. It can take anywhere from 6-12 months, if not longer depending upon the current case load for the Immigrant Petition and Adjustment Application at the Service Center. It is not an automatic process.
Question #9 – TN NAFTA Professionals
What is required to obtain a TN visa at the border?
Answer #9 – You must be a Canadian National, with a valid offer of employment from a U.S. employer. Mexican Nationals are required to seek the TN visa directly from the Consulate and are not able to obtain a TN visa directly at the border.
Question #10 – Visa Bulletin
Where can I find the visa bulletin numbers?
Answer #10 – On the U.S. Department of State website: Visa Bulletin
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 19, 2023!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!