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Question #1 – Deportation
Can a person who was deported from the U.S.A ever return to the US legally?
Answer #1 – 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 #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 – Visa Bulletin
Where can I find the visa bulletin numbers?
Answer #3 – On the U.S. Department of State website: Visa Bulletin
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 – 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 – Advance Parole (AP)
If my Advance Parole is about to expire and I do not plan to travel outside of the US within the next year, do I have to renew it?
Answer #7 – No; however, it may be a good idea to renew it – just in case, as you never know when things may happen that require you to travel abroad with short notice.
Question #8 – B-1 Temporary Business Visitor
How long can someone stay in the US on a Business Visa (B1/B2)?
Answer #8 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B1/B2 visa is 6 months.
Question #9 – Consular Processing
How does Consular Processing work?
Answer #9 – The USCIS website sufficiently explains how Consular Processing works.
Question #10 – Conditional Permanent Residence
Is there any type of restrictions on a Conditional Green Card? Once I get my green card, can I travel out of the country?
Answer #10 – A conditional green card is only granted for a period of two years. Within 90 days of the expiration of the two-year anniversary period, you must file to remove those conditions (Form I-751) with the USCIS, or risk losing conditional green card status and being deported. With a conditional green card, you may travel outside of the U.S.; however, you should limit your trips abroad to less than one (1) year to avoid any abandonment issues, unless you have applied for a re-entry permit.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, August 25, 2023!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!