I am turning 21 on July and I filed my I-485 on sep 2007, I wanted to know if there is a problem with me turning 21 while my I-485 is pending or if the child status protection act applies to me.
Speak with your lawyers. You will be protected to some extent by CSPA.
I have an L-2 dependent visa as a child and I am currently attending US College. However, I am turning 21 in December of 2010, does that mean I will no longer be eligible for an L-2 visa through my father's company? And do I have to change to F-1 status?
Correct. Once you are 21, you cannot be on L-2 status.
First of all I would like to thank Rajiv for this website. I am a new user but I've read some answers and felt so easy already. I had a misdemeanor charge back in 2007, shoplifting (less than 500). I did community service 24 hours and was on probation, got early termination of probation in 2008. All records got cleared in the state of Colorado. I am thinking to apply for US citizenship but very nervious about it. Please advise. I have two daughters. My husband could apply first with kids and I could try after them. Please help me. Need your advice.
Thanks for your kind comments about our web site. You can apply, but USCIS can certainly make an issue about the misdemeanor. You may want to retain a local lawyer.
My girlfriend and I decided to get married. She is on a B1/B2 visa, we didn't know it is some kind of offense, how to deal with this? I don't want her to be deported. Where do we start?
For all people on B visa or illegal in USA who are marrying a US citizen, I strongly advise at least one consultation with a lawyer to make sure you will not run into trouble.
I just got married to an American Citizen, unfortunately I am in his country illegally. I want to know what process would we have to go through to get me a Green Card and make me a resident. I am also pregnant, will this affect anything at all?
For all people on B visa or illegal in USA who are marrying a US citizen, I strongly advise at least one consultation with a lawyer to make sure you will not run into trouble.
I have an L1B VISA and want to convert to H1B in order to shift from my current employer to a permanent employer in US. I am aware that quota for H1B is full for the year 2009 but need the H1B VISA by 2010 Feb for my new employer. Is it anyway possible to get this done before Feb 2010 although the quota is full?
Once the quota is full (as it is now) you can get an H-1 only for a job that is quota exempt (not just an employer that is quota-exempt)
For EB5 investment visa, can one of my relative living in USA gift me the $500K required to invest in a "targeted employment area"
I do not see why not. But check with a CPA about gift tax.
My husband is a US citizen and was assigned in kuwait,, so we decided to stay in the philippines while his working there for 1yr. Im only a greencard holder and we are in philippines right now for 2 months and planning to go back states to apply re entry visa. My question is is it possible to apply re entry visa in states and come back in the philippines while its on process or i have to wait till i get the visa? Do you think they will approve my request?
Reentry permits are granted where there is a genuine need for you to be outside USA for a limited period of time and you have no intention of abandoning your permanent residence. Since this is an important and complex issue, you should consult a lawyer. Once you have done the biometrics for the reentry permit, you can leave while the application is in process. But keep in mind the risk of a denial if you have left. So, do speak with a lawyer.
Can I petition my brother to come here who has a serious medical issue and needs my help?
Green cards for brothers take approximately 10 years to come through. But for medical treatment, a B-1 visa can be applied.
I am a college freshman student on an F-1 visa and am thinking about applying for green card, as I have also completed 2 years of HS in the US. Any idea how long the green card process may take and should I apply already for green card now in order to possibly get it by the time I graduate college?
The time frame for employment based green cards depends upon two things: your country of chargeability (usually the country you were born in) and the category of green card through which you apply: EB1, EB2, EB3.
I'm on F1 and got pregnant. Can I take a break for sometime and get back to studies? My husband is a GC holder..well we got married after he got GC. Now can he apply for a family based GC for me, I kind of know that it takes atleast 4 yrs for me to get GC...but just wanted to make sure that he can apply while I am on F1
For various reasons, I usually see no point in applying for a green card through a permanent resident spouse while you are on an F-1. About taking a break, the F status requires you to attend school full time unless there is a medical necessity. You need to discuss that with your international students advisor.
I have a pen pal that is a citizen of Honduras. He would like to come to the US to visit me and our beautiful country. My question is this: if he obtains a 6 months B-2 visitors visa, then maybe half way through, he thinks he would like to move to the US and work here, could he apply for a green card during his 6 month stay. He has no family here in the US, just me, his friend.
That does not sound possible. Green cards to USA are granted based upon very limited basis. But, you should have your friend speak with a lawyer to see what options may exist.
I came to US by b1/b2 visa, now I want to change it to f2. My wife (we got married 4 months ago, when i came to the states) is studying here. We have a baby whom was born here 3 months ago. Now I can't go back to my mother land to get a visa, because my wife doesn't have a visa but just valid I-20 form. Do you think I should apply for a status change here or should we go to Canada to get visas? What is more safe for us?
On Yoga of Action -- Karmayoga
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Here is a question from our clients-only extranet.
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.
I have received e-mails from folks about my 2009 articles on immigration law compliance and end-client letter issues in H-1B cases published by American Law Institute - American Bar Association. Here is the link:
http://www.immigration.com/articles-rajiv-s-khanna
U.S. Customs and Border Protection (CBP) started implementing the automated version of Form I-94, Arrival/Departure Record, at air and sea ports of entry and will by week’s end include Charlotte Douglas International Airport in North Carolina, Orlando International Airport in Florida, McCarran International Airport in Las Vegas, Chicago O’Hare International Airport, Miami International Airport and George Bush Intercontinental Airport in Houston. Implementation will continue across the nation through May 21, to include air and sea ports of entry that support international arrivals.
Question 1:
The husband has a company. Wife and husband are both U.S. citizens, and they want to get her brother over to the United States on some kind of a work related visa. Assuming the husband’s company is small and the brother is professionally qualified can they get him through the husband’s company.
Answer will depend on qualifications of the brother, and what sort of a company that her spouse has. For example: Is the company large or small? How many employees? How long has the company been in business? What kind of work do they do? Does the company have any branches outside of the U.S.?
Answer: If the company's business and the brother’s qualifications are both professionally oriented we could seriously think about an H-1 Visa. If there is a branch outside the U.S., then we could get the brother employed outside the U.S. and think about an L-1 Visa in a year. Also under the new laws, as they are being considered, we should be able to have more options than what I have just discussed. So I am right now I am examining the matter only under the current scheme of laws, and H-1 and L-1 are two obvious options. Of course I am assuming that everybody here is an India born citizen of India because if you are citizen of another country you might have other options like E visa, etc. So bearing this in mind, there are some assumptions I am making and I am also clarifying that I am looking at the current schemes of the laws. Future schemes of the laws might be different and might be much more beneficial for us.
Question 2:
What is the chance of an L-1A Visa holder with nine years of experience qualifying for EB1 category. Can I apply for a Green Card for myself in the EB1 category?
There are three kinds of EB-1's. Let’s start with the EB1 category that is the easiest to understand.
1. Outstanding researchers or professors - given the designation of EB-1-2 or EB-1B.
Under EB-1, the second category is outstanding researchers or professors. Basically we are looking for people who are highly qualified in their own field and there are certain criteria. Look at our website for more information.
http://www.immigration.com/greencard/employment-based-green-cards/emplo…
So one category is for outstanding researchers or professors, for which you need a research or professorial position.
Then there is another category EB-1C or EB-1-3 category for international executives and/or managers. People who are on L-1A can pretty much qualify for EB-1C category. This is another great category.
Then there is the first category, extraordinary ability aliens. This is not for everyone. Here we are looking for sustained national or international recognition. Somebody who is hailed as a leader in their business For example, Bill Gates would qualify, but Rajiv S. Khanna would almost certainly not qualify. So we are looking for people who are nationally and internationally recognized.
So the question asked was can I do it on my own out of these three categories. The only one in which you can apply on your own is the first category EB-1A, which is extraordinary ability aliens. You are nationally or internationally recognized, and you have articles written about you and have international awards. Again there is a list of criteria and you have to meet three out of the ten listed criteria or similar. All this information is on our website as well.
http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
In your situation the best option is to apply for EB-1C if you can get your employer to apply for you since you are already on L-1A getting a EBC green card is absolutely perfect choice and you got your Green Card within a year. EB1 is the fastest way of getting our Green Card.
USCIS is moving the existing online payment for the USCIS Immigrant Fee to its Electronic Immigration System (USCIS ELIS). Customers will soon pay the $165 USCIS Immigrant Fee using USCIS ELIS after they receive their immigrant visa package from the Department of State and before they depart for the United States. USCIS ELIS is easy to use and provides direct access to case status updates. New immigrants will also use USCIS ELIS to file future applications and petitions when they become available in the system.
I was really glad with Mr. Khanna's knowledge and experience in immigration matters. I had 15 mins appt. which I thought will not be enough but he was able to answer all my question as well as sent me an email that I needed. He was very good to talk to and put me at ease to discuss issue in detail without making me feel that he has to rush. I will definitely recommend him to anyone who has immigration questions. -Yogesh