MVP LAW GROUP – Immigration Q&A Forum, Friday, September 12, 2014

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Question #1 – Conditional Permanent Resident
How do I get the conditions removed from my Green Card?

Answer #1
USCIS: A conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.

To remove the conditions on a green card based on marriage, you must file Form I-751, Petition to Remove the Conditions of Residence. To remove conditions on a green card for entrepreneurs, you must file Form I-829, Petition by Entrepreneur to Remove Conditions.

For more information, see:
Remove Conditions on Permanent Residence Based on Marriage, or • Remove Conditions on Permanent Residence for Entrepreneurs

Question #2 – H1B Nonimmigrant Work Visa
My H1B was approved through Consular Processing. I am planning to go in November to get my Visa stamp but I want to do it from a different city in India then I used for my approval. Can I change the city without complicating matters?

Answer #2
You may experience significant delays if you schedule an interview at a Consulate that was not identified in your I-129 petition. It is our recommendation that you schedule your interview for the Consulate that was listed in your I-129 petition as to avoid any unnecessary delays.

Question #3 – Lawful Permanent Resident (LPR)
My mother is a Green Card holder and went back to India in 2012. Due to surgery and other health related issues, she was not able to come back to the U.S. within the 2-year period. Her Green Card expired earlier this year. Is there a way to apply to reinstate her Green Card status or do we have to apply for a brand new green card?

Answer #3
Contact the Consulate closest to your home and be prepared to show documentation of the health related issues.

Question # 4 – Adjustment of Status
When should an applicant file or submit an I-485?

Answer #4
If an applicant’s priority date is current and they are in the U.S. and wish to adjust status to permanent resident, they may be eligible to file a I-485 petition with the USCIS. It is recommended that any applicant interested in filing a I-485 petition speak with an experienced Immigration Attorney to discuss their eligibility.

Question #5 – H1B Nonimmigrant Work Visa
I am in the last few months of my H-1B Visa 6 year term. My visa expires in November 2014. My employer filed a Green Card labor application in June 2014. Should I stay out of country for one year to be able to work on H-1B again?

Answer #5
Have you traveled outside of the U.S. for any period of time, or a significant period of time? If so, you may be able to recapture the period of time you spent outside of the U.S. in a request to recapture petition with the USCIS.

It would be advisable for you to speak with an experienced Immigration Attorney to discuss your situation and to evaluate any/all options that may be available to you before you make a decision.

Question #6 – Employment Based Green Card
How many total stages are there in the Green Card process under the EB3 category?

Answer #6
There are three (3) total stages of the Green Card process, unless an applicant is eligible to file the I-140 and I-485 concurrently. First stage is the Labor Certification stage; Second stage is the filing of the I-140, Immigrant Petition for Alien Relative; and the Third and final stage is the filing of the I-485, Application to Adjust Status to Permanent Resident.

Question #7 – Family Based Immigration
I am a US citizen and I have applied for my mother’s I-130. It was approved in Aug 2013 and the Priority Date was November 2012. I lost my job and currently a full time student so I do not have any income. My cousin has offered to co-sponsor and would file an affidavit of support for my mother. Should I go ahead and file my affidavit of support?

Answer #7
If you do not have any income to support your mother, then yes, you will be required to either have a co-sponsor, joint sponsors, a household sponsor, etc. in order to move forward with the sponsorship. You should contact our office to discuss the responsibilities involved with signing an affidavit of support.

Question #8 – Employment Based Green Card
Can the petitioner request consideration of multiple visa categories for the I-140 on behalf of an alien beneficiary?

Answer #8
A Petitioner may request consideration for multiple visa categories on behalf of an alien beneficiary, but may only do so by filing separate I-140 petitions.

Question #9 – InfoPass Appointment
Is there anything I should do to prepare for my InfoPass appointment for my I-131?

Answer #9
It depends upon your reason for scheduling an InfoPass appointment. Whatever the reason for your InfoPass appointment, be sure to carry with you adequate documentation to prove your eligibility for what it is that you are requesting.

Question #10 – Employment Based Green Card
My employment based I-140 has been approved. I plan to marry soon in my home country, and I want to file my I-485 soon. How could my marriage impact the I-485 process and could my wife join the I-485 application after the marriage?

Answer #10
What preference category was your I-140 petition filed under? What is your priority date? What country are you from? There is not enough information given to provide an accurate response. When you are eligible to file your I-485 (meaning, when your priority date is current), yes you should be able to include your spouse in the I-485 filing. As always, you should speak with an experienced Immigration Attorney about your case before making any decisions.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, September 26, 2014!

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