MVP “Immigration Q & A Forum” – 9/22/23

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Questions/ Answers:

  1. What is SVP?
    1. Specific Vocational Preparation (SVP) is defined as the amount of time required by a worker to learn the techniques, obtain the information, and develop the facility needed for average performance in a specific job. SVP is used in the H-1B nonimmigrant visa context as well as in the Employment Based Green Card process.
  1. What documentation is necessary to accompany a spousal based petition?
    1. Evidence that the couple are holding themselves out to the public as being in an intimate relationship. Such evidence may include: birth of a child together; infertility treatment; joint bank accounts; joint credit cards; filing taxes together; beneficiary designations on life insurance policies, 401K, pensions, IRAs; Wills, Powers of Attorney, Advance Directives/Living Wills; drivers licenses sharing the same address; money order receipts; proof of long distance communication; flight and trip itineraries; joint photographs of the couple, etc.
  1. Will I be interviewed with my husband to get my green card?
    1. It depends.

i.      If your husband is the primary applicant of an employment based green card filing and you are listed as a derivative, if your husband is scheduled for an interview, you will be scheduled to appear at the interview too. The interview requirement can be waived by the USCIS for certain employment based green card filings.

ii.      If your husband sponsored you and you are in the U.S. and a beneficiary of a marriage based green card filing and you are schedule to appear for an interview, your interview notice will mention that your spouse must appear at the Interview with you. The interview requirement can be waived by the USCIS for certain family based green card filings.

  1. When filing for Naturalization, do I have to share about my prior court records if I was able to get my criminal case expunged?
    1. Yes, absolutely! Expunging your criminal record only removes the records from the public record/public eye, the USCIS is still able to review your criminal record. Not disclosing is not helpful to establishing your good moral character.
    2. If you decide to expunge your criminal case for employment purposes, prior to doing so, you should obtain certified copies of all court records from the Court house including the final disposition of each case.
  1. Where can I find the poverty guidelines?
  1. Has TPS for Nepal been renewed?
    1. Yes. The registration period for people who already have TPS is from 10/24/2023 through 06/24/2025.
  1. They no longer give you a paper I-94 record upon arriving in the United States? Correct. How do I obtain my I-94 record?
  • Go to and scroll down to find a blue button that reads, ‘GET MOST RECENT I-94’ and click it.
  • Read the Terms of Service and click ‘I ACKNOWLEDGE AND AGREE’.
  • Enter your FIRST NAME, LAST NAME, BIRTH DATE, PASSPORT # AND COUNTRY OF CITIZENSHIP AND CLICK ‘NEXT’ and your most recent I-94 record will appear.
  • Scroll down to find the button to print the document.
  1. What is the current status of DACA?
    1. According to the USCIS email update released on September 18th:

                      i.      On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.”Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. However, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022, in accordance with this decision. USCIS will continue to accept initial requests, but per the order, not process initial DACA requests. Currently valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.

  1. My mother was recently granted Military PIP. Can I file for her Green Card now?
    1. Possibly. You would first need to ensure that she isn’t inadmissible for any other reason. If after speaking with a qualified attorney at MVP Law Group to determine her eligibility to file, you should ensure to file the I-485 prior to the expiration of the grant of Military PIP.
  1. When is an H-1B amendment required to be filed?
    1. An H-1B amendment is required to be filed whenever there is a material change in the terms and conditions of employment. Changes in the terms and conditions of employment can include: changing worksites; changing job titles; changing from full time to part time and vice versa; employer relocation; etc.  You should consult an experienced Immigration Lawyer at MVP Law Group to discuss this on a case-by-case basis.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, October 6, 2023!

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

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