Birth Certificate Question

Question details

My I-140 was approved in Oct 2009 under EB1-b category. Now for filing I-485 we I had obtained my birth certificate (for the first time) in 2009. My lawyer is saying that will not do, instead I should obtain a non-availability certificate for my birth and provide three affidavits about my birth date and place from my relatives who are at least 10 years older than me. This sounds bizarre to me, as the birth certificate that was issued to me should be seen as a valid document and perhaps better than a non-availability certificate.

As far as I can think, what your lawyers say makes sense only if your birth was not registered when you were born. If the registration was done recently, I would agree with your lawyers, otherwise not.

Visiting Canada on a student visa

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My boyfriend is here in the US on a student visa. He graduates at the end of the week. He has put in his application for OPT and it is pending. We had plans to travel to Canada to visit his family for the holidays but now are worried that he will not be able to get back into the US since the student visa expires and the OPT has not been issued yet. Do we have any other options?

Are there any impediments to exit the US with a expired B1/B2

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I came to US when I was a minor under the care of my parents with a B1/B2 visa. My parents decided to stay here for 1 year. 5 years have passed. I am 20 years old now. My B1/B2 visa expired in august of this year and I do not want to stay illegal in this country anymore. I am going back to my country. Are there any impediments for me to exit without any problems?

As far as I know, there is no impediment. But I think you will be subject to a ten year bar from reentering USA once you leave.

USCIS Announces Humanitarian Parole Policy for Certain Haitian Orphans

On Jan. 18, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State (DOS), today announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.

Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Visa Programs

[Federal Register: January 19, 2010 (Volume 75, Number 11)]
[Notices]
[Page 2879-2880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja10-63]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2009-0162]

RIN 1601-ZA08

Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Visa Programs

AGENCY: Office of the Secretary, DHS.

ACTION: Notice.

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Vistor Visa for Niece

Question details

My parents are planning to visit us here in States in Summer. They have 10 year multiple entry visa. They have been here before (about 2 years ago). This time they want to bring my niece (9 years old) with them as my niece will have 2 months summer break during that timeframe. My question is what documents do we need for her visa. Does my parents need to accompany her during her Visa interview.

Send an email to consulate asking for local requirements for grant of a visa for a child to travel with grandparents. They may need consent from her parents.

Petition for mother

Question details

I am a US citizen and I want to petition my mother for Permanent residency using the I-130 form. She is currently in the USA illegally. Does she have to go back to her home country while I petition for her? Will she be deported if she stays here? I would like information about what to do with my case. Is there a fine that I have to pay because she has been here illegally since 1989?

As far as I know, if she entered USA legally, you should be able to get her green card. But I always advise people in this situation to get a local lawyer.

Work visa for an artist

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I am a visual artist. I recently finished my Masters in Fine Arts. I have a job offer to work as an art teacher for a non-profit organisation. I am offered only 1 hour per week job. What kind of work visa can I apply for?

I cannot think of any visa that could permit work for one hour a week.

EAD - Job title change on the same job

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My wife and I am on EAD and also both have H1B (I am in my 8th year of H1B and wife is in 5th year as teacher). Our EAD is based upon my job in EB3 category in IT as System Analyst/Administrator, my priority date Aug'2003. Last year I have completed MBA in Finance and can now work as a Project manager within the same company. Can I change my title to Project Manager or IT Manager and also can I change my profile now to work in Investment Company or any other non-IT field in the same company I am already working. As these delay of getting green card are actually causing problem in my career.

If you change your field/job description, it is very likely that you have to start your green card all over again. You should be able to carry the same priority date, but the PERM/I-140 may have to be done again.