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Question #1 – Advance Parole (AP)
My Advanced Parole expires at the end of the month; do I need to reapply for a new one right away? I don’t plan on traveling again until next year.
Answer #1 – You do not need to apply for a new one right away. You may in fact apply at a later date. However, it is recommend to have a valid Advance Parole document, if you have no other valid authorization to re-enter the U.S., because emergencies do occur, and expediting an Advance Parole document can be troublesome if you do not satisfy any of the expedite criteria.
Question #2 – Employment Based Immigration
I have an approved I-140 in the EB-3 category. My new employer wants to file an application for me in the EB-2 category. Can I make the switch if I believe I am qualified?
Answer #2 – If the employer offers you the position, and you are able to satisfy the minimum education and experience requirements for the position, you should be able to make the switch and petition to recapture the earlier priority date at the I-140 stage.
Question #3 – Temporary Work Visa: H-2B
If I come on a seasonal work visa, can I stay in the U.S. until the next work season or do I need to return to the country of which I am a citizen and apply for another visa?
Answer #3 – You will need to return to the country of which you are a citizen and apply for another visa for the next work season if there remains a need for your services.
Question #4 – Family Based Immigration
As a Lawful Permanent Resident, can I file an I-130 petition for my family members?
Answer #4 – It depends upon your relationship to that family member. As an LPR, you may only petition on behalf of your spouse, your children, and your unmarried sons and daughters (21 and older). An I-130, Immigrant Petition for Alien Relative will need to be filed for each qualifying family member.
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 – Affidavit of Support
What is an Affidavit of Support?
Answer #6 – USCIS: An affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently.
Question #7 – H1B Nonimmigrant Work Visa
If I have an H-1B visa and my I-140 is completed but my visa is going to expire soon, how long can I stay in the USA if my employer does not file a H1B visa extension?
Answer #7 – Under the regulations, there is no set grace period…once you are no longer employed by your sponsoring employer; you should immediately make plans to depart the United States. If you remain in the United States once your H-1B visa expires, you will begin to accrue unlawful status. Please note that you do have the option to transfer your H-1B to another U.S. employer willing to sponsor you. You should speak with an Immigration Attorney to further discussion your situation.
Question #8 – Family Based Immigration
I am a US Citizen and I applied for an Immediate Relative Petition for my husband. How long does the process take to adjust his status?
Answer #8 – Processing of the I-130 generally takes 6 months to adjudicate; however, in practice the I-130 processing can take between 6 to 11 months.
Please note that once the I-130 is approved, there is still another process to be completed, depending upon where the applicant resides – if the applicant already lives in the U.S. – Adjustment of Status by filing Form I-485 with the USCIS; if the applicant lives abroad, by Consular Processing through a U.S. embassy and the National Visa Center…another estimated 6 month processing period.
Question #9 – Deportation
Can a person who was deported from the U.S.A ever return to the US legally?
Answer #9 – It depends. If a non-citizen 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 #10 – Re-Entry Permit
What does a legal resident have to do to stay outside the U.S. for more than 6 months?
Answer #10 – If a Legal Permanent Resident of the U.S. wants to make trips outside of the U.S. for periods of 6 months or more, they should prepare and file a Re-Entry permit with the USCIS, Form I-131. Still, you should contact an Immigration Attorney to discuss your specific 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, August 23, 2019!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!