Home > Magazine > Immigration > IMMIGRATION FAQs

 

IMMIGRATION FAQs

By Humera Subhani Email By Humera Subhani
September 2013
IMMIGRATION FAQs

The following questions are answered in a general way. You should always consult an immigration lawyer for a detailed explanation of your case before making any immigration-related decision.

• I have heard that spouses of permanent residents, like U.S. citizens, can now file for their green cards immediately, without any waiting period. I am currently out of status, so can I file?
You are correct in that the August and September Visa Bulletins state that this category (F2A) is current. However, you still have to maintain status in order to file for adjustment of status based on a permanent resident spouse. If you are out of status, your spouse (or child over 21) must be a U.S. citizen, in order for you to file for adjustment.

• I am on an H-1B visa with an IT company and have heard that the USCIS is making on-site visits. Is that true and how should I handle this?
It is true that the USCIS Fraud Detection and National Security (FDNS) department has been contacting end-client companies to verify information contained in pending H-1B petitions filed by IT consulting companies. In most cases, the end-client company is asked to verify that the foreign national H-1B beneficiary has been working, or will be working, at the end-client location set out in the H-1B filing. Make sure that your LCA is filed in the correct location and that every document submitted in the H-1B filing is accurate, so that you can avoid serious consequences to your status. You should be aware of the exact job description, title, etc. submitted with your application so you can explain this to an officer, if asked.

• I just married a divorced lady with two children and am a U.S. citizen. Can I file for my stepchildren as well as my wife?
Yes, as long as the children were under 18 when you married their mother, they can qualify as “child” for your petition. If they are under 21 now, then their category is current and they should be able to obtain permanent residence at the same time as your wife.

• I received my permanent residency recently and want to travel to India and stay for several months. However, I do not want to take that risk if it will delay my citizenship or cause a problem with my green card. How long can I stay safely?
You can travel on your green card for less than six months at a time, in order to preserve the “continuity of residency” for citizenship purposes. However, you should also be aware that you have to satisfy the physical presence (in the aggregate) requirement, which states that you have to live in the U.S. for over 2 ½ years in the five-year period before applying for your citizenship. Another thing to keep in mind is that if you travel for many months every year, you may be questioned upon entry to the U.S. whether you are truly residing in the U.S., or merely visiting. You should always keep proof of your residence in the U.S., such as home ownership papers/lease, bank statements, job letter, etc.

Please be aware that there are other requirements that must be met before applying for citizenship, but this answer is geared specifically towards your travel question.


VISA PREFERENCE NUMBERS FOR September 2013

 

FAMILY

India

Pakistan/Bangladesh

1st

15Sep06

15Sep06

2A

Current

Current

2B

15Sep06

15Sep06

3rd

22Jan03

22Jan03

4th

22Jul01

22Jul01

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

15Jun08

Current

3rd

22Sep03

01Jul10

Other

22Sep03

01Jul10

4th

Current

Current

5th

Current

Current1B



 

Enjoyed reading Khabar magazine? Subscribe to Khabar and get a full digital copy of this Indian-American community magazine.


  • Add to Twitter
  • Add to Facebook
  • Add to Technorati
  • Add to Slashdot
  • Add to Stumbleupon
  • Add to Furl
  • Add to Blinklist
  • Add to Delicious
  • Add to Newsvine
  • Add to Reddit
  • Add to Digg
  • Add to Fark
blog comments powered by Disqus

Back to articles

 

DIGITAL ISSUE

10_17-Cover-Passions.jpg
 

 

eKhabar

Sign up for our weekly newsletter
eKhabar

Click here  

Writing-Contest-BANNER.jpg 

 

Krishnan Co WebBanner.jpg

PCPD- RED.gif

DineshMehta-CPA-Banner-0813.jpg

SDK small banner 7-16.jpg

PrimeTravels_Banner ad_1017.gif

SERVITIX.gif

 
Raj&Patel-CPA-Web-Banner.jpg