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Question #1 – Visas for Fiancé(e)s of U.S. Citizens
If my fiancé’ was denied a tourist visa, can I still apply for a fiancé’ visa for her?
Answer #1 – It depends upon the specific circumstances of your case, i.e., the reason the tourist visa was denied. However, you should be able to apply for a fiancé visa for her. Please contact our office to schedule a consultation to further discuss.
Question #2 – NAFTA Professionals
What is the typical processing time for the approval of a TN Visa?
Answer #2 – It depends upon whether you are a Canadian Citizen or a Mexican Citizen. Canadian citizens may apply for a TN visa directly at the Canadian border; whereas, a Mexican citizen must apply for and receive a TN visa stamp in their passport at a Mexican Consulate.
Question #3 – Conditional Permanent Residence
How do I remove my conditions on my Conditional Green Card?
Answer #3 – File Form I-751, Petition to Remove Conditions on Residence with the USCIS, within 90 days of the expiration of the conditional permanent resident card. You should file the petition jointly with your spouse through whom you obtained conditional status. However, certain exceptions do exist that may allow you to apply for a waiver of the joint filing requirement.
Question #4 – H-1B Nonimmigrant Visa
If I got fired from my job, can I apply for another H-1B visa with a different company?
Answer #4 – You should consult an Immigration Attorney to discuss your options.
Question #5 – Naturalization/Citizenship
If I want to apply for Citizenship, do I need to be present in the US to start the process?
Answer #5 – Yes, you must have lived in the state or district where you are filing your application for at least three (3) months.
Question #6 – Green Card
Is there a set period that I must live and work in the United States before I can apply for a Green Card?
Answer #6 – 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 #7 – H1-B Nonimmigrant Visa
Can I get a Social Security card if I am working in the US on H-1B status?
Answer #7 – Yes.
Question #8 – U.S. Citizenship
If I have been a Green Card Holder for 8 years, am I eligible to Apply for Citizenship?
Answer #8 – The general requirements for administrative naturalization include:
• A period of continuous residence and physical presence in the United States;
• Residence in a particular USCIS District prior to filing;
• An ability to read, write and speak English;
• A knowledge and understanding of U.S. history and government;
• Good moral character;
• Attachment to the principles of the U.S. Constitution; and,
• Favorable disposition toward the United States
Question #9 – E-Verify
Do all businesses need to enroll in the USCIS E-Verify program? I run a small business with only 5 employees.
Answer #9 – No, it is not a mandatory requirement for all businesses currently. Only Federal Contractors are required to enroll in the USCIS E-Verify Program at this time.
Question #10 – Family Based Immigration
Do I need to change my I-130 petition if I filed for my relative as a LPR, but now I have become a US Citizen?
Answer #10 – Yes, you should contact the USCIS Office that is reviewing your application and inform them that you have become a U.S. Citizen by submitting a copy of your Naturalization Certificate.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, November 29, 2019!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!