MVP “Immigration Q & A Forum” – This Friday, January 31, 2020

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

 

Question #1 – Affidavit of Support

What is an Affidavit of Support?

Answer #1 – 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 #2 – Visa Bulletin

Where can I find the visa bulletin numbers?

Answer #2 – On the U.S. Department of State website: Visa Bulletin

 

Question #3 – Green Card

Is there a set period of time that I must live and work in the United States before I can apply for a Green Card?

Answer #3 – No. Employers may in fact sponsor applicants overseas for employment-based green card sponsorship.
Family members may also sponsor applicants overseas for family-based green card sponsorship.
In these cases, overseas applicants will receive a temporary LPR stamp at the Consular Interview allowing them to travel to the U.S. Once in the U.S. and the immigrant visa fee paid, the physical Green Card will be mailed to the applicant at the U.S. address as listed on the Consular Processing forms.

 

Question #4 – Service Request

My name was spelled incorrectly on my I-797 receipt notice for my I-129. Can I have it corrected, and will it affect the approval process?

Answer #4 – Contact the USCIS at 1-800-375-5283 and initiate a Service Request to correct the typographical error, so that the approval notice is accurate.

 

Question #5 – Green Card – 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 a grace period for applying for an H-1B transfer after termination from a previous sponsoring employer?

Answer #6 – According to the USCIS, there is no grace period. In practice, a period of two weeks is a reasonable period of time in order to transition to new employment; however, the regulations do not provide for a grace period.

 

Question #7 – Immigration Petition for Alien Relative

As a U.S. citizen, for whom can I file an I-130 Form?

Answer #7 – As a USC, you may sponsor (file an I-130, Immigration Petition for Alien Relative) petition on behalf of your Immediate Relatives – Parents, Spouse, and Children who are under 21 and unmarried. Visas are always available for Immediate Relatives of USCs.

You may sponsor other family members who are not immediate relatives; however, the preference categories apply and you may experience significant delays in the sponsorship of those relatives depending upon their country of chargeability and relationship to you.
• First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
• Third Preference: Married sons and daughters (any age) of U.S. citizens • Fourth Preference: Brothers and sisters of adult U.S. citizens

 

Question #8 – Green Card

Does Green Card processing duration depends on the country of birth or country of nationality?

Answer #8 – Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.

 

Question #9 – General

How long can you lawfully stay in the United States before returning home after a visa expires?

Answer #9 – There is no safeguard/grace period written in the regulations; however, everyone should be aware of the 3 year/10 year bars. Persons who have accumulated 180 days or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for 3 years. Persons who have accumulated one year or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for 10 years.

 

Question #10 – Green Card

If my wife just received her EAD, can she apply for a Social Security Number or does she have to wait until her Green Card is approved?

Answer #10 – Once you are officially authorized to work in the United States (issuance of an Employment Authorization Document) you may apply for a Social Security Number.

 

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

Our next “Immigration Q & A Forum” is scheduled for Friday, February 14, 2020!

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

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