--Q&A 9/18/07--
Q- I'd like to know in general terms what is our chance of getting a permanenet visa to US for me and my wife, and our two grown children who live with us.
Here is a short overview: We're currently waiting the results of DV-2008 Lottery. If we get lucky, then it's great! But meantime I want to see how to start our application process in case we don't get lucky. Me and my wife have a small business(under my wife's name) . It's gemstone jewelry design and creating. My wife is the designer and I do the photography and other things. We are doing art & craft shows around Ontario and last year we started doing shows in US as well. This year most of our shows will be in US. The shows are organized by different promoters. The main reason we want to settle in US, particularly, in Florida -our designs appeal to an upscale clientelle, which comes for top quality art & craft shows. In Ontario we have run out of these shows. Only 3-4 shows is not enough. So the only solution is doing shows in US. Going thru the customs 20-25 times a year is tough and very un-pleasant experience. This business is our bread & butter. Nothing more. My wife loves creating and designing and she is very good in this. It will benefit the local community and the local art & show circuit. During winter months we obviously have no shows and accumulating debt. Florida would be the only place to maintain and grow our business, since it has hundreds of shows year around.
A- There is a nonimmigrant category called L-1 which allows “intracompany transferees” enter the U.S. on a temporary basis (up to 5 or 7 years, depending on the job duties you will be performing). If you have an existing business in Canada and seek to enter the U.S. to set up a related company or a branch office, the L-1 could work. To get L-1s, both you and your wife would have to show that you engaged in managerial or specialized knowledge positions in Canada and seek to do the same in the U.S. (Note that if your wife is the only one who qualifies for the L-1 based on her job duties, you could still accompany her on an L-2 as her spouse and you could apply for employment authorization after entering the U.S., which would allow you to perform work for the company). However, to get and maintain the L-1, you would need to keep the company in Canada operating in your absence.
Note that on the L-1, your adult children would not be able to accompany you if they are over age 21, unless they qualify for their own work visas.
Q- I'm a pastor from Costa Rica and I have been assigned to work with a Baptist Church in Colorado in an Associate Pastor position. We need to know what documents I will need to take to the immigration office to change my tourist visa. And please let us know about the I-360 benefits for religious people.
A- You would need to file the I-129 with a number of supporting documents to obtain a change of status from visitor to R-1 religious worker. Unfortunately there is a temporary delay on adjudication of R-1 change of status petitions and it may well be many months before you could begin working. Each case has to be personally investigated by an Immigration Officer including a visit to your church and sometimes your home. I am suggesting to my clients that instaed of filing for a change of status that it is much quicker to return to your home and file a new R-1 visa application at the consulate.
Q- I'm a US citizen. I recently married a Cambodian woman. We got married in Cambodia. We filled all of our proper documents. I just need to know, is there any way she can be granted access to the United States as soon as possible? My case for I-130 is still pending. How can I bring her to America without waiting for several more years. What is the estimated wait time?
A- You could consider filing a K-3 visa which may speed things up, but this is still not a really fast process. I would estimate that you will have a 9 month waiting period using hte K-3 process.
Q- I was present in the Untied States on an H-1B visa. I lost my job due to illness. The DHS arrested me and placed me before an immigration judge. The judge granted me voluntary departure. I was totalyl present in the U.S. for 170 (incluidng INS detention for 115 days) after I lost my job. Could you tell me the number of days I was unlawfully present in the US?
A- Without being retained to review all the facts of your case and seeing the relevant documents, we would not be able to give you a conclusive answer. Generally, unlawful presence accrues starting the day that your I-94 card expires or the date you are found by an Immigration Judge or USCIS to be out of status. Being out of status, without one of these events, does not trigger accrual of unlawful presence. Once Voluntary Departure is granted, you stop accruing unlawful presence.
Q- I recently came to the US in Feb. 2007. I applied for the SSN within 3 days of my landing. Since I haven't received the SSN til date, I enquired with the SSN office for details. In my I-94, my first name was updated as last name and the last name was left blank. SSN was delayed because of the mismatch. At the POE in I-94 it seems to be my family name was left blank, but not sure. How do I correct the entries in the I-94 and USCIS? How will the information be passed to the SSN office?
A- You would need to contact CBP, not CIS. Corrections are made by the deferred inspection units. You acn find the nearest one at this website. It mentions what needs to be done to correct your documents. The corrected I-94 is sent through the same process as the initial one was.
Q- I am a naturalized US citizen filing bankruptcy. My wife has had her residency for 2 years now and has to file a petition to remove the conditions of her permanent residency. She might have to file for bankruptcy also since some accounts were joint. Will this affect her negatively?
A- Bankruptcy should not have any effect on the I-751. It may on an application for citizenship.
Q- I am from the UK, basically I am from India. On base of IT I got 5 year work permit of UK. I plan to move and settle in USA. Is there any chance for me to get a visa and settle for a short period? I have four friends who also moved to the USA, but as per law, so let me know the procedure for the visa.
A- In order to get a work visa to come to the U.S., you first need to set up a qualifying job with a U.S. employer. We do not assist foreign nationals in locating U.S. employers; we only assist in filing visa application paperwork after you have found a job.
Basic employment-based nonimmigrant categories and their requirements are found on our website.
Q- My sister came to visit me about 4 years ago. She was pregnant that time and had an early delivery due to some medical circumstances. Her daughter was born here in the U.S. and she went back home with her baby because she only had a visitors visa. Is it possible for her to come over here in the U.S. and raise her daughter who is a US citizen here in the US? How should she go about doing it?
A- No, the child cannot benefit the mother until the child turns 21. She is free to send the daughter here to be raised by someone else so that the child benefits from her citizenship.
Q- Is the consulate processing still faster than filing for adjustment of status? Does the consulate processing also require the priority date to become current. If so, then how is that faster than filing for I-485? My I-140 got approved recently and I had requesed consular processing but now I am not sure if it's going to be faster that way to obtain my green card.
A- It depends on your priority date, and where you and your spouse were born and whether you are EB2 or 3 as to which might be faster. You still need the priority date to be available, but consulates begin the process so that the IV is issued the month it becomes current, and CIS only starts the I-485 the month it becomes current.
Q- We are a family of 2 adults and 3 children, entereed US on a visit visa in Sept. 2000 to visit US and then go for our Canadian immigration (which we applied for when we were still back home) interview here in America since our lawyer said it will be within a period of six months. Unfortunately the date for interview was delayed and we overstayed our visa for more than a year waiting for the interview. Our lawyer reassured that after the interview no one will ask for anything and if we go back to our home country, will not be able to come to American for Canadian interview and it will take a long time to change the region for interview. As we got the interview done and were leaving the US we were asked questions and sent back to US for charges of overstay. After explaining everything to the officers there, they checked all our statements and gave us voluntary departure without any bars or any other penalties.
For the past four and a half years we are in Canada, got our citizenship and have not even once tried to go to the U.S. Now recently my husband started a driving job and he has to go to the US frequently. He kept doing it for the past three months, about 7 visits. Everything went well but two days ago in Detroit, the border officer asked him to get the waiver. Except for this there are no other problems. How did this happen? Can they do this five years after everything was cleared? On his 7th visit? What are the chances of getting a waiver? What are the chances of changing our status for going to US after the waiver (i.e., if he gets it)? Will he be able to work for a U.S. employer ever? Also, our children were under age 14 at the time but, do I need to apply for a waiver for them too?
A- As you overstayed for more than 1 year, you are barred for 10 years. Whenever it is discovered it can be imposed. You woul dneed a waiver as well. It is difficult to get a permanent waiver to reside in the U.S. If you need more information, please contact me for a paid consultation.
Q- I have a pending employment based immigrant visa petition pending with USCIS. I was interviewed more than 1 year ago, and visa numbers were available then. However, there were some missing documents that I had not provided then, so I was not able to obtain my visa. Once the missing documents were provided to the embassy, there was a problem with my employer due to changes in names. Now all those problems have been settled. My paperws were reaffirmed by USCIS and are now sent to NVC for visa processing. My question is whether my original visa number is still availalbe after more than 1 year after our interview? How long can they hold a visa number?
A- When a visa number is requested for an interview, if the immigrant visa is not issued that month, the number is returned. Your piority date would now need to be current to continue processing.
Q- I am an international student on F1 visa. I will graduate in Spring 08 and will get OPT thereafter. I want to know how should I apply for OPT (timing) so that there is no time gap between OPT period and H1B start date.
A- It can't be done unless Congress raises the number of H-1Bs so that there is no shortage or if you graduate in August and start the OPT in October with it valid to the next October.
Q- I have visa L1 that expired March 2007. I have got the paper and approval for extension till March 2009, but my passport is not stamped with a new visa. Since I have got the approval document, can I stamp my passport in the US? If not, do I really need to go back to my country for passport stamping or can I send my passport by mail?
A- Unfortunately visas cannot be renewed in the U.S. You would need to travel to a US Consulate in your home country to get it stamped, or apply for the visa in Canada or Mexico as a third country national. There may be reasons why consulates in Canada or Mexico would not accept your application. In the event that the visa is denied in Canada or Mexico, you would not be readmitted to the US until you travel to your home country, get a new visa stamp there, and return to the U.S.
Note that you are not required to have a visa in your passport in order to maintain your status in the U.S. You would only need a new visa if you travel outside the US and return to resume your L1 status.
Q- Do you know how long approximately it takes for brothers and issters to get a visa number available? I applied for my brother last October and received a receipt notice, but I was wondering how long it would take to get an approval or denial?
A- USCIS holds I-130 petitoins for adjudication until a visa number is avialble. It could be anywhere from 12-20+ years before visa numbers are available and the petition is approved.
Q- After getting a Canada visa from Canada visa office in NY City, while entering to Canada through Buffalo, do I need to surrender my existing I-94 card to US immigration authorities? If yes, while coming back to the US after completing my Canada trip within 2 or 3 days, will I get my old I-94 back or will it be a new I-94 card?
A- Unless you have a multiple entry I-94 card you need to surrender it when departing from the U.S. You will be issued a new I-94 card upon readmission to the U.S., if you prove eligibility for admission. If however, you are taking advantage of automatic visa revalidation, you must not surrender your I-94 card; otherwise you will be unable to return to the U.S. after traveling to Canada.
