MVP “Immigration Q & A Forum” – June 4, 2020

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Question #1 – Exchange Visitors

My niece has a J1 visa and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time period that she has to leave the country without incurring any unlawful presence?

Answer #1 – Considering the circumstances, if your niece’s visa was cancelled, she should make arrangements to leave immediately. If your niece’s visa has expired, which is different – you should speak with a qualified Immigration Attorney.


Question #2 – Employment Based Immigration

Does anyone with an Advanced Degree qualify for an EB-2 Category I-140?

Answer #2 – No. Please contact our office to schedule a consultation to further discuss your eligibility.


Question #3 – Unlawful Presence

I cannot remember the specifics regarding unlawful presence towards the 3yr and 10yr bars, can you provide those time periods?

Answer #3 – If an applicant remains in the US unlawfully (without authorization) for more than 180 days, they may be subject to the 3 year bar. If an applicant remains in the US unlawfully (without authorization) for more than 365 days (1 year), they may be subject to the 10 year bar.


Question #4 – H-1B Nonimmigrant Visa

What is the difference between having H-1B status and having an H-1B visa?

Answer #4 – H-1B status generally refers to your legal status while in the United States, as the moment you exit the U.S., you are no longer considered in H-1B status. An H-1B visa is a stamp that you receive in your passport when a Consular Officer approves your H-1B petition at a U.S. Consulate overseas. The valid H-1B visa stamp allows you to enter the U.S. as an H-1B nonimmigrant in H-1B visa status.


Question #5 – 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 #5 – 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.


Question #6 – H-1B Nonimmigrant Visa

Is there any limit to how many times I can apply for an H-1B transfer?

Answer #6 – No.


Question #7 – Visa Interview

If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself?

Answer #7 – It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters were different languages are spoken. If you are applying in the U.S., when you go to your visa interview, you will need to provide a translator for yourself. This translator should not be an interested party in your case.


Question #8 – Student Visa (F1)

I am currently on an F1 Visa. I am planning to get married in early August 2017. Can I bring my wife to the US on a dependent visa while I am on F1 Visa status?

Answer #8 – The F2 is reserved for the spouse and children of the F1 visa holder. It depends upon a majority of factors – time remaining, sufficient funds to provide for you and your spouse, proof of intent to return to your home country, etc.


Question #9 – Green Card

If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?

Answer #9 – 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 #10 – Criminal Convictions

Will a criminal conviction impair my ability to receive a temporary visa?

Answer #10 – It depends upon the type of criminal conviction. Depending upon the seriousness of the criminal conviction, it is possible to be inadmissible and/or deportable for certain criminal convictions – crimes of moral turpitude, crimes involving domestic violence. You should speak with an Immigration Attorney to further discuss your situation.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, June 19, 2020!

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

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