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Question #1 – Conditional Permanent Residency
I would like to know when I can file for “removing conditions” on my Green Card? I’m married to a U.S. Citizen and my card is set to expire in end of May.
Answer #1 – You should be prepared to file to remove the conditions of your conditional permanent residency 90 days prior to the expiration of your conditional Green Card. According to the information you have provided, you should be preparing your Form I-751 for filing now.
Question #2 – Green Card
My Green Card will allow me to travel between the United States and my home country; can I live in both places until I am ready to apply for U.S. citizenship?
Answer #2 – To qualify for citizenship, generally applicants must demonstrate they have continuously resided in the United States for at least 5 years before filing Form N-400, Application for Naturalization. This means you must be residing exclusively in the United States; not in any other country.
Question #3 – Advance Parole (AP)
If my Advance Parole is about to expire and I don’t plan to travel outside of the US within the next year, do I have to renew it?
Answer #3 – No; however, it may be a good idea to renew it – just in case, as you never know when things may happen that require you to travel abroad with short notice.
Question #4 – H1B Nonimmigrant Work Visa
My 6 year limit has expired on my H-1B visa. How long do I have to remain out of the US before I can apply again?
Answer #4 – You must remain outside of the United States for an entire year (one year) before you are eligible to apply for another H-1B nonimmigrant work visa.
Question #5 – Naturalization
Will I be asked all 100 civics questions during the naturalization interview?
Answer #5 – No. You will be asked 10 questions out of the possible 100 civics questions. You must correctly answer 6 out of the 10 questions ask by the interviewer to pass.
Question #6 – Employment Authorization (EAD)
In April, I filed to renew my EAD and as of today, I have still not received an approval. My current EAD will expire the end of this month. What are my options?
Answer #6 – You are able to apply for a renewal of EAD 120 days prior to the expiration of your existing EAD. EAD processing generally takes 2-3 months. As it has only been about a month since you filed your EAD renewal request, you must continue to wait for your new EAD, unless you have sufficient documentation to support an expedite request with the USCIS. Please see the USCIS website for a list of expedite criteria.
Question #7 – Naturalization
How many times can I apply for naturalization?
Answer #7 – There is no limit to the number of times you can apply for naturalization.
Question #8 – Consular Processing
How does Consular Processing work?
Answer #8 – The USCIS website sufficiently explains how Consular Processing works.
Question #9 – Re-Entry Permits (Form I-131)
If I have a Green Card, do I need a re-entry permit to come back into the US?
Answer #9 – If you plan to travel outside the U.S. for more than 6 months to one (1) year at a time, then YES, you should apply for a re-entry permit prior to your departure. Biometrics are required for re-entry permits, so you will want to stay around and go for your biometrics appointment before you depart for your lengthy trip.
Question #10 – H1B Nonimmigrant
Work Visa Can I go for H1B Visa Stamping without my original I-797 approval notice? I only have a copy and a bottom portion of the original.
Answer #10 – Yes! The I-797, Notice of Action clearly provides the following language: The Petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. The left part can be used in applying for the new visa.
If you would feel more at ease with the original, ask your employer about their policy in providing the original approval notice for H1B nonimmigrant visa stamping purposes ONLY.
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 2, 2018!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!