I want to thank Homa Naderi for her efficiency,promptness and patience. She answered telephone calls and emails within the hour and did not tire of answering questions that appeared confusing to a lay person. Most importantly she always conveyed to us her belief that the applications will be accepted. I will be happy to refer people to her.
U.S. citizens (USC) and Lawful Permanent Residents (LPRs) may file immigrant visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may immigrate to or remain in the United States. Sadly, certain cases exist where U.S. citizens and LPRs misuse their control of this process to abuse their family members. Consequently, most battered immigrants are fearful to report the abuse to the police or other authorities out of fear of losing their immigration benefits.
I arrived in the U.S. with a non-immigrant visa that expires 2016, my dad is a permanent resident who is now applying for his citizenship. My dad wants to sponsor me while i remain in the us. What forms do we have to fill out and would i be able to live and work in the us while my status adjustment is processing.
Review Form I-130. You cannot stay in USA while or just because the case is pending, unless you have some visa/status that allows you to stay.
My friend filed a petition for an adult child (over 21 years old) six years ago and just received notification this year that there's a visa number available for the child. Meanwhile, the child has traveled to study and obtained a permanent residence in Canada. However, the child still wants to join his mother to the United States. Will the US give the child a GC if all the requirements are met?
Sure. The fact that he is in Canada is not an impediment.
My mother just got recently approved to migrate to the US as LPR. I am a USC. Now I was wondering how soon my mom can submit a petition for my brother who is unmarried and over 21. I am assuming it would be faster for my LPR mother to petition my brother than me.
It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.
My parents got GC and I could not get it since I was 21. I am now in the US on H-1B. My mom applied for me when she was a permanent resident under the unmarried son/daughter category. In 2009 I got a letter from USCIS that my visa is available since my priority date was Sept 2001 but in 2009 I was already married and my mom became a citizen after we got married. My question is - can I file for new I-130 and request them to allow me to use the old priority date (Sept 2001)? What are the chances of them allowing me to do that?
As far as I know your PD cannot be reused because you lost it through becoming ineligible for the visa category.
What can happen to the US citizen if a spousal abuse case is filed by an illegal immigrant?
The abusing spouse can go to prison.
This Policy Memorandum (PM) restates the Violence Against Women Act (VAWA) revocation policy.
I am on H-1 Visa and my son is on H-4 visa. He is 17 years(studying 11th grade). I wanted to know whether i need to change the visa status at the age of 21. If so, the green card processed by my employer for him will still be valid or not. Also, if he goes to India for studying his degree for like 4 or 5 years, will the green card processing for him will be valid.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I recently became US citizen and now planning to file for green card for my own parents from India. However, in past my parents overstayed on their visitor visa(6 months) in UK from 2002 to 2013. They applied for asylum in 2006 and case was going on but then they withdrew their file and then they were sent on their emergency passports(as their old passports were lost and expired, they were given white passport) to India. They had no other criminal activity there and also have No Objection Certificate from Police department of the city they were staying in UK. Now they have their new passports printed from India.
I wanted to know that Does any of this situations in past makes it difficult for them to obtain permanent residency in USA?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Department of Health and Human Services (HHS) proposed rule on the removal of HIV infection from its list of communicable diseases of public health significance - As of now with respect to the above proposed rule the Chicago Field Office has not received any guidance from HQ. Hence the office will not hold such applications in suspension until further notice.
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I - 360, Petition for Amerasian, Widow(er) or Special Immigrant , filed by a self - petitioning adopted child, when the adopted child has been battered or abused.
Please click on the attachment to read more.
My sister is a naturalized US citizen and she is planning on applying for my GC. I have 2 questions:
1. If my company decides to sponsor my L1-A visa (after my GC application is submitted) will my L1-A be denied because of my GC application?. I have a multiple entry 10 year tourist visa that will expire in 2017. If I apply for a new tourist visa in 2017, will that be denied?
2. Furthermore, my father's GC (consular processing) is being processed currently. Once he becomes a GC holder, can he apply for my GC (I am single over 21 years of age) in such cases Processing time is also much less. If my father can sponsor my GC, what happens to my application in the unfortunate event of my father's demise during this period?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/R4-_pic6TzY?t=103
FAQ Transcript
As stated by The New York Times, the House on Thursday gave final approval to a renewal of the Violence Against Women Act, sending a bipartisan Senate measure to President Obama after a House plan endorsed by conservatives was defeated.
To read more on this news story click here
Yesterday, President Obama signed a bill that both strengthened and reauthorized the Violence Against Women Act (VAWA).
For more on this news visit this link
Please check the attached document to read USCIS memo on timeframe to respond to RFEs on provisional unlawful presence waiver requests.
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, filed by a self-petitioning adopted child, when the adopted child has been battered or abused. Please click the attachment for more information on the memorandum
On January 21, 2022, USCIS published the following information on its website, which we have edited to provide clarifying remarks:
You may be eligible to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status, to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers. USCIS may, in its discretion, grant a transfer request, if:
I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:
1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?
2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?
If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.
Timeline:
I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485
My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know
1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?
2. If we interfile, will there be an impact on the EB-3, in case they reject it
3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?
1. First of all you cannot interfile because you are not with that employer who holds your EB-2 I-140. Regarding rejection, you are right.
2. It could be.
3.Have your new employer start a new case. Start from PERM upwards.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
What exactly is interfiling?
Hello Rajivji, in other question, you mentioned you can not interfile as EB2 is converted to EB3. Can you please help clarify? Employer 1: PD April 2013, EB2 Employer 2: EB2 in Jun 2019 in Oct 2020, Downgraded to EB3 as amendment I-140 and this EB3 I-140 is approved, I got EAD/AP too. I interfiled with 485J in March 2022. Would my interfile be accepted? if no- what are my options? I don't want to stuck in EB3 for next 5-10 years! Thanks for your help.
When an I-140 downgrade to EB-3 has been filed as an amendment instead of a new case, to get back into the EB-2 category, you have to file a new I-140 using the same PERM application. If the dates are current, you can concurrently file for adjustment of status.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
FAQs: Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling || Green card application for parents during tourist visa || How are PERM minimum job requirements determined? || Extending or Renewing F-1 student visa risks and requirements || Various Interfiling Issues ||
I am very much impressed with the professionalism of two of Mr Khanna's staffers. Shivane and Prerna were very patient and worked very hard to complete all the forms and putting the supporting documents together before filing with USCIS. I would certainly recommend this firm to others. Keep up the good work.