I am a green card holder, but had to travel back to my birthplace for a family emergency. I had a death in the family and stayed for family support. I have been home for five months. Now I hear from rumors that you cannot be out of the U.S.A. for more than six months. I will head back to U.S.A. next month. But I had some other family business to take care of first. What I need to know is, is the six months rumor a reality and what proceedure should i take as I do not want to loose my Green Card.

Dear Anonymous:

The law reads that if you are outside of the US for more than 6 months, there is a presumption that you have abandoned your permanent residence. If you have good evidence as to why you have been out so long, you can still be re-admitted as a permanent resident.

If you stay out more than one year, then you will be considered as having abandoned your residence.

To determine whether the reason for your lengthy departure is sufficient to overcome the presumption that you have abandoned your residence, you should consult with an immigration law attorney. Otherwise, you may wish to return before 6 months, just to play it safe. Good luck.

Hi,
I've applied for GreenCard. My I-140 is approved, my priority date is oct-99. I'm in EB3, I heard from my friend, if you have more than 6 years of experience with Bachelor degree, now can I do some ammendment and I can change from EB3 to EB2, is that true? Is there any way to do that?

Dear rvm:

You can always file a new petition to change your classification from the EB3 to the EB2 category. However, you must meet all of the qualifications for the new preference category. Just having a bachelor's degree and six years of experience does not mean that you automatically qualify.

We would suggest that you speak with an immigration law attorney who is experienced in handling EB2 cases to see if you qualify. If so, then it may be to your advantage to file a new petition in the EB2 category. Good luck.

Dear Sir,

I'm a L-1A visa holder, I have filed I-140 in July 2001, the latest update from my lawyer is that INS Texas is currently processing the petitions filed on April 2001. How long will it take once they start to process my petition until the I get approval? And after approval, how long will it usually take to complete the adjust of status process? I got married in December 2001, will my wife be able to adjust the status at the same time as me? And will we receive the greencard at the same time? I also travel frequently on business trip, is there a limitation on how often I can travel or is there a minimum accumulative day that I have to stay in the US while I wait for my greencard approval?

Thank you.

Dear Sir,

This is Archy again. If after my I-140 is approved and I'm in the process of waiting for adjustment of status, will I be eligible to stay in the US even if I quit my job? Or I still have to wait until I finish the adjustment of status to be able to quit my job.

Thank you very much.

Dear Archy:

Once your processing date is reached, a decision is usually issued within a few days. Then you will have to file your application for adjustment of status. If you are then married, your wife can also file an adjustment application.

At the present time, it is taking about a year to adjudicate those applications. You and your wife would receive your approvals at the same time.

There is no limit on the number of times that you can leave the US, as long as you always have a valid visa, or advance parole document.

If you quit your job, and your employer has no intention of continuing with the petition filed on your behalf, then you will no longer be eligible for adjustment of status. Good luck.

I came to the US on a visitor's visa and later applied for a change of status to F-1. I have not left the country since. That was in 1998. I got married a year ago, my husband is a green card holder and will be eligible for citizenship in 2004. I will be graduating from college in May of 2003. Is there something that my husband can file for me to prevent me from falling out of status whe my F1 expires in 2003. My I-20 says that I have until 2004 to complete my studies, does that mean that I can apply for a work permit to work for a year? Have I violated any INS rules from what I have told you so far?

My mother has been married to her husband now for about four years. He is a US citizen and Vietnam veteran. He filed for a green card for her in 1998. They told her after the interiew that her case is "pending". It is now 2002 and her case is still pending. She called the Ins office and they apologized for holding the case so long and promised that they would do something about it. A few days later they asked her to do a medical exam (she had already done this in 1998). She did the exam sent in the papers and still no word from INS. She came here on a visitor's visa and was never out of status. I have no idea what the problem could be. She has been told by friends that the reason is because she does not have a lawyer. Is there any truth to this? What can she do to help her situation?

Dear Anonymous:

You look like you have been fine up until now. One option is for you to request optional practical training after you complete your studies. This can be granted for up to one year.

You might also consider going to graduate school and remaining in F-1 status. You can do so, even if your visa will expire since that is only used to enter the US. We presume you have duration of status, so you can remain here as long as you are still a bona fide student.

Then you have to make sure that your husband gets his citizenship as soon as possible. Good luck.

Dear Anonymous:

It is obvious that your mother's case fell through the cracks somewhere along the line. Possibly it would have helped to have had a lawyer because he or she could have checked up on the case during this period of time, but that is not the reason why the case has not been finalized.

You do not say how long ago the fingerprints were taken. If it has been more than 3 months, she needs to go back to INS and inquire again. If less than 3 months, they are probably waiting for FBI clearance. Good luck.

I am currently in F1 status. I am married to a green card holder. I know that I can apply for practical training when I graduate but I was wondering if there was something that my husband could file for me in order to allow me to remain in legal status here in the US when my F1 status has expired. Thanks in advance for your help.

Dear Anonymous:

There is nothing that your husband can file for you to keep you legally in the US, until he obtains his US citizenship.

You may be eligible to qualify for some type of non-immigrant visa such as an H-1B, but you should speak with an immigration law attorney to see if you qualify. Good luck.

I will be graduating from college in 2003. What are the requirements for the H1 visa? I came here as a visitor and then changed to F1 status. I have not returned to my country since because I was told that if I did, I would have to apply for a student visa im my home country in order to return to the US.The chances of getting a student visa in my country are very small. Will the fact that I have not returned to my home country limit my chances of obtaining the H1 visa? If I qualify for the H1 visa, would I have to leave the country in order to receive the H1. Would the H1 visa allow me to travel freely in and out of the US? Please help.

Dear Anonymous:

For more information on the requirements for the H-1B visa, see our Hints & Tips page.

The fact that you have not returned to your home country to obtain the F-1 visa will not have an effect on your eligibility for the H-1B.

You can obtain a change of status to H-1B in the US. However, if you do leave the US, you will have to obtain the visa from a US consulate abroad. Good luck.

My husband has a green card and would like to make a petition for me to obtain a green card. My status here is F1. I know that I would have to wait a while in order to obtain the green card. I am planning to apply for H1-B after I graduate. My question is this, if my husband petitions for me to obtain a green card while I am still in F1- status, would that prevent me from applying for H1-B later on?

Dear Anonymous:

Based on current law, the fact that your husband has filed an I-130 petition for you should not prevent you from obtaining an H-1B if you qualify. Good luck.

A freind of mine entered the US 1995 and obtianed a work permit through marriage, unfortunately he had to to get divorced after 2 years due a marriage hardsyhip.

Now she found a sponsorship who can sponsor her.
Her work permit experied in March, and now she is out of status, but not working.
She will have to wait to get an asswer from the labor Dept so she can apply for a work permit.
It usually takes 3 years to get teh Green card.

Once the 3 years gone can she can get her Green Card???

Tks
Yacob
is being out of status can make my chance dificult to obtain a Green card.

My husband has a green card and will be eligible for citizenship in two years. Does it make sense for him to file form I-130 now or should we just wait until be becomes a citizen? How would we benefit from I-130 if we file now? By the way, I am currently a student (F-1) here in the US. Thanks in advance for your help.

Dear Yacob:

If you are still in the US when your labor certification and visa petitions are approved, and you are otherwise eligible for permanent residence, then you will be able to file for adjustment of status in the US because you are grandfathered under section 245(i) because of the visa petition filed by your previous wife. Good luck.

Dear Anonymous:

Since you are in lawful status in the US at the present time, our advice would be to have your husband file an I-130 petition for you at this time. Our answer would be different if you plan on travelling outside of the US prior to your husband obtaining citizenship.

However, if you are sure your husband will file for citizenship when he is eligible, and you are sure that there is no basis for his application being denied, then it is just as feasible to wait until that time. Good luck.

When is green card premium processing for employement based petitions going to take effect? When it does, will the entire process take 15 days just like H1-B petitions? Please let me know. Thanks.

Dear Anonymous:

Premium processing of I-140 petitions was supposed to have begun by May, however, it has now been pushed back indefinitely. We would guess that it will go into effect after a few months.

The process will take 15 days just like the current H-1B processing. Good luck.

I am a British National who wants to marry an LPR.
She is not eligible for citizen status until 2004. What, if anything, can we do to a) get married in US and b)Have me legally resident in US with her.
Thankyou in anticipation.

hi i have F2B case i want my brother who is us citizin to submit me F4 case does this cancell my application for F2B case ?

At what point in the GC application process does one actually have a GC? i.e. at what stage does one no longer rely on the petitioning employer?
This inquiry is in relation to 2 different cases -
1. A manager who bypassed labor certification and whose family have recently received their EADs - if the manager leaves the company now, do the rest of his family loose status or does receiving the EAD signify the granting of a GC?

2. A nurse, who also bypasses labor certification, who has just submitted form 140

Thank you

Dear Sir,

I am a green card holder (permanent resident) . My questions are:

1. Can I file a petition for my married children in my country to come to the U.S.?
2. What form do I use for filing such petition?
3. More or less - how long is the waiting time?

Dear David K:

The only way you will be able to remain lawfully in the US, while waiting for your wife to become naturalized, is if you can change to some other non-immigrant status that will permit a longer stay.

As you probably already know, the mere filing of the I-130 petition by your LPR wife will not permit you to remain in the US until she obtains US citizenship. Good luck.

Dear Anonymous:

The filing of a new I-130 petition by your US citizen brother will NOT cancel your pending F2B petition. Good luck.

Thankyou for your previous response which was

"The only way you will be able to remain lawfully in the US, while waiting for your wife to become naturalized, is if you can change to some other non-immigrant status that will permit a longer stay. "

Could you please expand on which of the non-immigrant status' is likely to be the easiest to obtain. (I am an educated computer professional)
Thankyou in anticipation

Dear McGooglies:

In neither scenario that you describe does the person have permanent residence (a green card).

In the first case, they just have work permits, and in the second case, the petition is approved, but they must now file for permanent residence. Good luck.

Dear Sir,
I am applying green card through my
employer. and I had my finger print done in
Jan. 24,2002 at Los Angles. My question is
how much longer will I know whether I will be
asking for interview or not. If I don't need to
have a interview when will I get my green
card? Is it truth, if people who graduated in
four years university in the Unite States, they
don't need to get a interview. Thank you for
your time. :-)

Dear Joe:

A lawful permanent resident alien of the United States may not file an immigrant visa petition on behalf of married children. You would have to be a US citizen to do so. Good luck.

Is it still possible to get, and what are the requirements, a B1/B2 visa when travelling from the United Kingdom (England). I am a British Citizen.

Dear David K:

There are numerous types of non-immigrant visas that will permit you to remain for extended periods of time in the US. These include an H-1B professional visa, an F-1 student visa, an E-1 or E-2 treaty visa, and many more.

There is obviously not enough space or time to discuss all of the available options on this Bulletin Board. We would suggest that you go to our Hints & Tips page for more information on many of the visa types, or you may wish to purchase our Immigration Manual that discusses the most widely used visas in greater detail. Good luck.

Dear Anonymous:

If you were fingerprinted in January, your case should be fairly close to finalization.

Most employment-based cases do not require an interview. Interviews are usually scheduled when there is some question about the education, experience, or immigration status of the beneficiary, and not because they did, or did not, graduate from a US university. Good luck.

Dear TomW:

Yes, you can still apply for and obtain a B-1 and/or B-2 visa from the consulate in England. You should be prepared to show that you will probably have to stay in the US on business or pleasure for more than 3 months, so that using the visa waiver would be inconvenient for you. Good luck.

hi i have F2B immigration category and my priority date is 21-sep-95 do u think as it is now come to 1-oct-93 it needs exactly 2 years to get my immigration visa? or more than that? from your experince,
thanks.

Hello Dear Sir/Madam,

Could you please let me know the procedure stages for the green card through employment?
Also could you please tell how long it will take for the whole process before receiving the green card?
How long is the validity of the green card received through employment?
Thank you for your assistance.

Dear Anonymous:

Unfortunately, we think it is going to take much longer than 2 years for your priority date to become current. Based on the current number of persons on the waiting list in your category, our guess is that it will take about 4 years.

However, we are only guessing, based on our experience, so it could be faster.

Of course, if your parent becomes a US citizen, you would be immediately eligible to file for residence. Good luck.

how come it will take 4 years and it is alomst 2 years differance between my case date and the current proiruty date the INS processing and if you say 4 years this mean 11 years of waiting and this is hard to belive,unless there is something else i don't know?

Dear Anonymous:

If you will go to our Hints & Tips page and check under labor certification you will get an idea of the procedure for filing for permanent residence through an offer of employment.

How long it takes depends on the way you filed, and the offices that handle your application. You can get current processing times by going to our Home page and clicking on the appropriate processing time links.

A green card obtained through employment is valid indefinitely.

For a more detailed discussion of the procedures in employment cases, you may wish to purchase our Immigration Law Manual. Just click on the scrolling marquee on our Home page for more details. Good luck.

Dear Anonymous:

Unfortunately, the priority dates do not move month by month. We are sure that when you filed your case years ago, the waiting list was much less than the 7 years you have had to wait already. Good luck.

Both my partner and I are british citizens. We currently own a print business. We aim to sell it in 3 years time and get approx £400,000 - 500,000 pounds sterling for it. With that and savings etc we already have, we would like to settle in the USA (pref. California or Oregon). I am 37 and my partner is 48. Will this be possible if we buy a property there? Will we need to get a green card to work? What is required of us with regards to visas etc?
jos

Dear jos:

Unfortunately, there is no longer a retiree visa to live in the US. The mere fact that a person has a substantial sum of money in the bank or in a home will not give that person the right to work, or live permanently in the US.

Since you are both still young, you may be interested in purchasing and operating a business in the US. If you do, you should have no problem obtaining an E-2, Treaty Investor Visa. That will allow you to live and work in the US for as long as you have your business.

If you want a permanent visa, you would have to consider an immigrant investor visa. That will require each of you to invest at least $500,000.00 in a new business in the US, with 10 or more US citizen or permanent resident workers.

You both could also qualify for labor certification in the printing business if you could find a US business that is willing to petition for you.

We would suggest that you review the different categories on our Hints & Tips page, or that you consider purchasing our Immigration Law Manual that will describe the above visas, as well as others, in greater detail. Good luck.

Hi there, this is Jos again.
Thank you very much for you help so far.
I did not mention that we will be getting married in a years time. Will this affect the sum that is invested? ie. a minimum of $500,000.00 per person or would it be per couple if we are married?
I look forward to your reply.

Thanks jos

If we bought a property in the US how long could we stay each year as visitors?
Jos

hello,
i wanted to know if INS have tightened security on checking green cards upon entry to the U.S.A after 9/11 ?
i have over stayed my 6 months and i am planning to come and visit my children from the carribean.
What are my chances?
will they take the green card away on the spot? or give me another chance?
i have not been in the states since september last year and am planning to come in july.
If i do give away my green card will they give me a visa?
thank you
please need advice

Dear Jos:

If you are married, the investment amount due would apply to the family unit. Therefore, your total investment would have to be a minimum of $500,000.00, depending on the area of the country where you will be making the investment. Keep in mind that in some areas, the minimum investment required is $1,000,000.00. Good luck.

Dear Anonymous:

Yes, INS has tightened security when checking the validity of green cards. If you have been outside of the US for more than 6 months, but less than one year, you can still retain your permanent residence if you can convince the INS officer that you have no intention of abandoning your permanent residence and that you had a good reason for staying out so long.

Since we do not know why you have been out of the US for such a long period of time, we are unable to answer your other questions. Good luck.

If you shoplifted when still a minor and were caught, does it show in the FBI report when they take you fingerprints?

jp

jp

minor (16 years old)

Dear JP:

Yes, it will show no matter what age the crime was committed. Therefore, it is important that you reveal this fact on your immigration application. However, we would suggest that you first speak with an immigration law attorney to see if the offense to which you refer will require the filing of a waiver. Good luck.

My friend is a legal permanent resident currently marrried to a USC. She has a shoplifting record in 1988, was granted pre-trial diversion, completed 2 years probation. This shoplifting record is on the FBI record. When she leaves the country and comes back, will she encounter problems at the port of entry? Will they detain her and consider her inadmissible because of her record. With tighter security and inspection at the airports, what would be your advise on traveling in situations like this?

Dear Anonymous:

While it does not appear, from the brief information you have provided, that your friend was convicted of any offense, we would definitely suggest that she speak with an immigration law attorney before she travels outside of the US. The attorney will need to see a copy of the arrest report, court disposition, and criminal statute under which she was charged. He or she can then give a solid opinion as to whether the crime with which she was involved could render her inadmissible to the US. Good luck.

I was married with a US citizen and my spouse filled for my immigration
I received my work permit and after the work permit marriage didn't last
more than 6 months we didn't divorce but start living seperately. Initially
my lawyer filled all the papers like I-130, adjustment of status, work
permit and etc. I think I was called for the interview but I didn't go and
didn't reply to INS. After year an half I was re-married again after giving
the divorce with a US citizen, my lawyer filled a new I-130 and all the paper
work for adjustment of status and work permit. I recived my work permit, I
didn't get a call for my Green card interview till now which is almost 3 years.
I spoke to my lawyer, am I going to have any problems? he said no your case is
straight forward. I have decent job, me and my spouse are living together since
last three years we have all of our tax papers, bank account and family wedding
pics. I want to get a second opnion if someone have been through this situation
or have any information about a case like this and if they do can you please
help me out and warn me for anything that I should be careful about?
I would really appreciate your help.
Thanks

Hi guys,

I want to immigrate to the USA by the end of this year 2003, but want some advice on how to apply for a green card. I am a british citizen and a professional (Image Consultant). I also have children. What and where do i start, how long does the whole process take?
(QueenBabbs4@yahoo.co.uk).

Thank you.
QB

After being cleared by the FBI, How much time does it usually take to attain the green card? I was cleared on June 2003 and have heard nothing from the INS.

WHAT CHANCE DOES SOMEBODY WITH A SHOPLIFTING (MISDEMEANOR) RECORD HAVE,TO OBTAIN A 10 YEAR GREEN CARD AFTER THE 2 YEAR CONDITIONAL GREEN CARD?

I am in possession of green card which does not have an expiry date as I got it back in the 80's. With this type of green card will I need to go thru fingerprinting process upon return to US from a trip abroad?

JR

I am currently on OPT and it will expire in 9 months. My fiance has a green card. I am trying my best to get a H1 sponsored job but if I dont, what is the best way of staying here in the US. Will I be ok if we get married in two months?

Dear Sir,

I am a greencard holder and im petitioning my unmarried son in the Philippines. Im presently staying in New Jersey but decides to relocate next year in California. Where should the petition be mailed? Should I sent it in INS agency here in New Jersey or in California?
thank you.

Nitz

hi my best has won a green card and is in the final stage of getting it when she goes to the U.S... however there is a great need for me to live in America.. and she would like to give me the right to have her green card...is that possible?

hi

i completed my MS this month may 2004. I am on OPT......My employer will get me a H1 visa in Aug 2004 and I'll be starting my job from then. I want to return to India in Dec 2004, marry and come back. What documents do I need for H1 stamping in India. My friends said I need atleast 6 months paychecks. Is it true. If its true, is there any way I can go to India and come back in Dec.

Thanks
M.

I am a H1B holder who is married to a USC. My
visa will be going out of status due to the 6
year limit. Now I have a job offer pending from
a new company. We plan on applying for a EAD
which may take 90 days. Should I not take the
job? As start date is within two weeks??

I am a green card holder and am thinking about getting married next year to a us citizen. how will this affect my status? Would you advise me to wait unitl I am naturalized and then consider marriage.

thank you.

Hi
I was convicted on two crimes involving moral turpitude.
The violation is called soliciting an act of prostitution.
One in 1984 and another one in June 1989.
I have never been a problem to any law since than!However I was convicted of these crimes in the US and paid for my lessons.
According to the new laws,fingerprinting will this show on my records,once I enter the US as a visitor.
Will they deport me?
What shall I do.
Will this totally exclude me from visiting the US for ever.
I have lots of business and assets there and actually I feel awfull that I have done this.
My daughter was born in the US and is now almost 14 years old.
Some day I would like to immigrate to the US.
I am married since 15 years and this makes me feel so bad that I do not feel very happy living any more.
Shame on me.

Thanks for any Information and help!

Hello I am hoping in the near future to live in Ohio USA, I have family who live there and I have been visiting them every year for the past six years.The family that are there are a great Aunt and second cousins.
I don't know where to start in applying for a green card and wondered what you think my chances are of obtaining one? I am 30 years old and I am a qualified teaching assistant for children with special needs. what would you suggest I apply for and roughly how long does the whole process take?
thanks for your time
from
Mandy

My friend, age 29, wants to come to the US and become a legal citizen of the state of Pennsylvania. He has asked my advice several times or at the very least to point him in the right direction to begin. He speaks very little English. His languages are Portuguese and Spanish. His skills are in resaurant work and auto repair.

Please advise on what we can do to get him started.

Thank you. Just seeing your site here is a comfort. I'm going to send him this link if I can translate to Spanish for him.

I will be looking for your response. Have a great day.

PLEASE HELP !
Dear Sir/M'am,
Please help me ! My application for Labor Certification was filed in Dec 2001 as a RIR. The requirement I assume is that additional documentation is required in the filing to show previous recruitment efforts were unsuccessful(6 continuous months of advertising). When the advertising efforts for this were being executed, the person in charge of this in the HR department in our Company forgot to run this for a month in between. They made it up by running a 7 th month advertisement. NOW, IS THIS OK ?!!! My application is yet to come up for review by the SESA, but I am worried as to the rejection because of this issue. The processing time in my state is very long, and I am extremely worried that they might kick this application back to redo advertisement efforts and reset the clock again for Labor certification !!)

Thank you very much for your advice.

Hi,
I'm a Canadian currently engaged to a US citizen. We are planning on marrying in the spring in the United States. My questions are:
1) will he have trouble filing for me since he is on probation?
2) Under what auspices should I enter the country -- tourist visa for 3 months?

Thank you

AS FAR AS THE VISA BULLETIN IS CONCERNED,

I have been keeping a close eye on the bulletin every month, and for the last 2 months june and july of this year, the visa numbers for family category 2B have not changed from JUNE95. Is there a lapse for applications for that month and year, and if so how long do we expect the department of state to start progressing forward to july95 onwards and so on. This would mean if they are still processing june 95 this year in june and now july, all applicants would be delayed a few months before they get a visa number allocated for those who have priority dates that fall after june95. If this is somehow correct, is this going to continue like that for the month of august 2004 again, or is it just a matter of luck and how many cases they have to process for june 95 applicvants. thanks.

I am a GC holder and I am interested to visit the Caribbean, what Islands that I can visit without applying for a visa?...

Hi, i travelled to the USA with my parents back in 1979 (i was one year old) & i acquired the Green Card same year & i do have my Social security number, we went back to our Country in 1989, now i would like to go back to the USA.. i heard that green cards issued from 1979 till 1988 are permenant?. can i renew my green card ? can i renter the USA and live with my green card? i did travel 2 times back to the US in 1998 & 2000 but i did not know that my Green card could be valid so i took USA visa...thanks

i have had a H1B for three years and my company wants to sponsor me for a second. i would like for the company to apply and pay for a green card application. there are obvious personal benefits of a green card but what are the incentives for the company to get me a green card?

dear sir my age 21 year what my visa for f4 categary

Hi:

I have filed for I-485 in May 2002. (Texas Service Center). Till date, I have not received any notice for fingerprinting. Is this normal?

I tried to call INS, the only reply I received was - wait.wait..

Any suggestions? Any proactive steps, should I be taking?

Thank you for your time.

If you have received your permanent residence status do you still have to pay $175 for your worker's permit??? And if you don't and it's already been paid how do you get the money back?