FAQs - US Immigration Law

In an effort to help you find as much information as possible, we have compiled some of our clients' most frequently asked questions. Feel free to browse through them and visit related pages for more detailed information.

Please note that some of the topics are closely related, so you might want to check different categories while looking for answers.

 

Adjustment Of Status

My  I-485 is pending and my EAD (work permit) card is expiring in a week. I applied for the renewal a bit too late, so it is not going to come by the time the old one expires. My driver’s license also expires in a week. Will I be able to renew my driver’s license?

Each state has their own guidelines for issuing driver's licenses. It is most likely you will need to await for the new EAD, however, if you application is based on an already approved I-130 for example, you may be ok. Check your State's acceptable documents table.  The link for Florida’s acceptable documents is here. http://www.dmvflorida.org.   Back to Immigration FAQs

My I-485 is pending and I have to apply for the renewal of my EAD . Do I have to pay the fee for renewal ?

No fee is required, so long as the application for adjustment of status was filed after July 30, 2007.   Back to Immigration FAQs

 

Family Petitions

I recently became an US citizen. My only brother lives in a country where I came from. I want bring my brother with green card. I checked the Visa Bulletin. According to the Bulletin, My brother has to wait some kind of line for about 11 years (to be "current"). I was shocked! Is this understanding of the Bulletin right one? If it is right, then is there any way to shorten this long period?

There is no way to speed up the process. Please keep in mind there are other visa options like, employment, investor, etc which may be applicable to your brother. You would want to consult with an attorney to verify if there is any option, although he will not be an immediate relative upon entry, he may be able to obtain some other status while he awaits your petition.   Back to Immigration FAQs

My mom has a tourist visa, she visited me several times. I'm a citizen. Should I wait for her to visit me and apply for a green card? Or should I start applying from here first? which one is better?

As a US citizen, your mother is considered an immediate relative. This means she can pursue adjustment of status within the United States, or an immigrant visa through consular processing. PLEASE NOTE, your mother can not enter the US on her tourist visa solely to pursue adjustment of status within the United States. This would mean she has entered with immigrant intent on a nonimmigrant visa, which can lead to accusations of fraud. If you are to pursue adjustment within the US for your mother, I would suggest consulting with an attorney.   Back to Immigration FAQs

 

H-1B Visas

How can I get a copy of I 797 for my previously filed H1B when I have a case receipt no. with me? I filed my H1B in June 2008 through one of the company here in India. It got approved in the lottery. But I never got my I 797 from them. I only have my receipt no from which I can track the status on USCIS website. Now my current employer wants to do my H1B for which they need the old I 797. Can you help me in how I can get a copy of my I 797. My H1B was filed from VT center.

You can make a Freedom of Information Act (FOIA) request. I would suggest filing a FOIA request with the USCIS, and the DOS. It may be worthwhile to contact the previous petitioning company as well.   Back to Immigration FAQs

 

Marriage and fiancé(e) Visas

We just finished the interview process on our marriage, and received the “green card” in the mail.  Why is it only for two years?

For marriages that are less than two year’s old, you will receive Conditional Permanent Resident Status. A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition, form I-751 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.   Back to Immigration FAQs

What happens if I leave my USC spouse and/or we are divorced prior to the Conditional Resident Card expiring?

IF you are legally divorced, you can file your form I-751 immediately after the marriage has ended.   Back to Immigration FAQs

We filed my I-751 almost a year ago, I am still married, can I apply for naturalization based on being married to a US citizen for 3 years ?

Yes, you must be living with the USC citizen petitioner. The N400 will not be adjudicated until. Please note the average processing time for an I-751 is around 12 months. This is why with your I-751 receipt, you’re given a 1 year extension.   Back to Immigration FAQs

It has been more than 1 year since filing my I-751, I have no proof of my status, am I allowed to travel?

Yes, however, you must evidence your status. This can be done by obtaining a stamp on your passport to evidence your pending application. This can be done by making an infopass appointment at the uscis.gov website.   Back to Immigration FAQs

My US citizen spouse is abusive and/or refuses to sign my form I-751, what can I do?

I am very sorry to hear about such emotional and physical abuse. The good news is, you do not have to remain in the relationship or obtain their signature. You will need to request a waiver of the joint filing of the Form I-751 based on the abuse. You will still need to establish the marriage was based on good faith.   Back to Immigration FAQs

My case was completed on 7/18/2014 at the NVC. How long will it take my spouse to get interview from consulate of Suva Fiji Island. I called NVC yesterday and they told me case is completed, but I never got email yet. How long do he have to wait for interview date now?

Some consulates provide statistics for processing times, this can be found at www.state.gov.   Back to Immigration FAQs

I just got my I-130 approved but my court I still have immigration court proceedings. I need to file a motion to terminate. Can you please give me the format?

It is best to contact an attorney. The attorney can file a Motion to Terminate. If removal proceedings are not terminated, USCIS will not have jurisdiction on your adjustment application and the case will be denied.   Back to Immigration FAQs

My husband is a US citizen, but in school and not working, Who can be my joint sponsor me for my affidavit of support?

Any individual that is a permanent resident or US citizen that can overcome the poverty guidelines can be a joint-sponsor. There does not need to be a familial relationship to be a joint sponsor.   Back to Immigration FAQs

 

Naturalization

I would like to know when is the right time to apply if application for citizenship again because my first application  was denied due to good moral character? I was given letter that I may apply for appeal but i don't have money for the application. How long should I wait to re apply ?

One of the requirements of naturalization is a demonstration of good moral character. If the denial was based on criminal history which occurred prior to your application , but within 5 years of your application, you would need to wait 5 years from the date of your conviction. If the denial was based on a misrepresentation which occurred during the interview, you would need to wait 5 years from the interview date. It would be wise to consult with an attorney, to avoid any additional time or money waste. Also, please be advised some criminal history may make you removable. You would also want to have the attorney review this as well, prior to any application for citizenship. Best of luck next time!. Back to Immigration FAQs

 

 

 

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Mubarak Law
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