FAQ

We have listed some of the Frequently Asked Questions (FAQs) in this section. Have a Question? Post it here and Prashanthi will answer it for you.

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FREQUENTLY ASKED QUESTIONS

Posted by : Ramesh , On date : 2020-08-20 15:02:09 Category :General
You might be able to use the petty offense exception if you are convicted of a misdemeanor and be okay in case you are placed in removal proceedings. Best to get your attorney to fight it and have the charges thrown out.
Posted by : Pavan , On date : 2020-06-30 07:48:14 Category :H1B Visa
You have to file your H -1 from the same employer that has registered for the cap lottery and was picked.
Posted by : Sarala Rao , On date : 2020-05-14 21:23:32 Category :Green Card
I don’t see a problem, you and the children will still get the Green Card as your relationship with your sister will not change even if you get a divorce. If your spouse is not migrating with you, inform the uscis of the same.
Posted by : Ajay Kumar , On date : 2019-11-30 01:02:55 Category :Green Card
The USCIS only accepts birth certificates from organizations that are required to issue these certificates under Indian Law. This would usually be the city municipal office or the registrar’s office of birth’s and death’s.
Posted by : Kiran , On date : 2018-06-10 06:29:00 Category :General
He can stay in the US for a total of 1 year on a visitors visa, they usually give for an initial period of 3-6 months at the port of entry and you can apply for an extension of upto 6 months. You have to have a good reason for asking for an extension, they might deny the request. In which case you have to leave. You cannot stay beyond the time that you requested even if you don’t get a response from them within that period.
Posted by : Naga , On date : 2018-05-03 10:45:44 Category :H1B Visa
You should apply for a Labor and I-140 for yourself, you still have sufficient time. This way you can continue to extend your H-1b for three years once your I-140 is approved or for 1 year once your labor cert or I-140 has been pending for 1 year. You also have the option of converting to H-4, but given the present scenario it might be risky to only depend on that option.
Posted by : Monika Sachdeva , On date : 2018-01-04 20:09:38 Category :I-485
You cannot be on two status's at the same time, if you want to move your status to I-485, you can start using your I-485 EAD and withdraw your L-2 application before it gets approved. If you want to keep your L-2 applicaiton active and change to L-2 status, you should start working only once you get your L-2 EAD, you should not start working on I-485 EAD. Travelling on I-485 AP does allow you to stay on L-2 when you come back, but working on I-485 EAD changes your status to pending I-485, you cannot get back on to a L-2. I hope this is clear, otherwise you can get a consult from our office.
Posted by : Jaydip Patel , On date : 2017-05-16 12:44:13 Category :H1B Visa
In order to apply for a H-4 visa you will have to first withdraw your request for the H-1b visa, as you have correctly pointed out, it is hard to say how long administrative processing will take, it sometimes takes upto 6 months.
Posted by : Akhilesh Pasupulati , On date : 2016-12-02 15:01:35 Category :AC-21

Yes you can file from the same company, as long as the offer of employment is bonafine.

On date : 2015-11-28 02:24:55 Category :General

If an Immigration Judge finds you to be illegally present in the United States, it does not necessarily follow that you will be deported. The laws provides you with many types of relief from deportation What follows is a brief explanation of how one becomes a US citizen by each of the above methods.
Chief among these are:
1. Waivers of excludability and deportability
2. Suspension of deportation
3. Adjustment of status to permanent residence
4. Asylum and withholding of deportation
5. Legalization and registry and, if all else fails
6. Voluntary departure
Waivers of Excludability and Deportability:
The immigration law enumerates various grounds by which an alien in the United States may be subject to deportation. A common ground of deportability provides that an alien may be subject to deportation if he was excludable when he entered the United States. There are many grounds of excludability found in the law.
Eligibility for waivers of deportability and excludability depend upon your ability to show "extreme hardship" to certain close family members who are US citizens or permanent residents if you are forced to leave the US. For example, if you have resided in the US for seven years, at least five of which were as a permanent resident, you may be able to qualify for a waiver of many grounds of deportability and excludability. However, recent laws severely limit your ability to obtain such a waiver if you were convicted of any wide range of crimes.
Cancellation of removal:
A deportable alien may apply for permanent residence from an Immigration Judge through Cancellation of Removal if he meets the following requirements:
1.He must have been continuously physically present in the US. for at least ten years before he is placed under removal proceedings. Absences of less than 90 days, or 180 days in the aggregate do not affect the continuity of one's physical presence.
2. He must be a person of good moral character.
3. He must not have been convicted of certain designated offenses.
4. He must establish that his remove would result in exceptional and extremely unusual hardship to his US citizen or permanent resident spouse, parent or child.
Adjustment of Status to permanent residence:
A deportable alien who is an "immediate relative" because he is the parent, spouse, widow or child of a US citizen may be eligible to apply to the Judge to adjust his status to that of a lawful permanent resident. Also qualified to apply for adjustment of status is any alien whose priority date for permanent residence is "current" Aliens who obtained conditional permanent residence based upon their marriage, or the marriage of their alien parent, to a US citizen or permanent resident may have their legal status terminated by the INS if they fail to meet certain requirements. However, once INS places them under deportation proceedings, they may renew their applications for permanent residence before an Immigration Judge. The same holds true for an alien who becomes a conditional permanent resident based on investment.
Asylum and withholding of deportation:
Those who have a well-founded fear of persecution if they return to their home country may apply for asylum if their fear is based on any of the following grounds:
1. Political opinion
2. Religious belief
3. Nationality
4. Race
5. Membership in a particular social group
If a person is granted asylum, after one year he may apply for permanent resident status.
Withholding of deportation is similar to asylum, with the following two exceptions
(1) It does not permit the alien to apply for permanent residence, and
(2) It only prohibits the INS from deporting the alien to the country where he fears persecution, not to third countries, which are willing to accept him.
Legalization and Registry:
Once an illegal alien has been found qualified for legalization or "amnesty" by the INS, the deportation hearing will typically be terminated since the alien will have attained the legal right to remain in the United States.
Registry is another means of attaining lawful permanent residence in the United States. It is available to aliens who have resided continuously in the US. Since prior to January 1, 1972, who are persons of good moral character, who are not deportable on certain aggravated grounds, and who are not ineligible for citizenship. Registry may be applied for affirmatively, not only as a defense to deportation.
Voluntary departure:
If you are ineligible for all of the above forms of relief from deportation, you should still consider applying for voluntary departure. Departing voluntarily from the US. avoids both the stigma and the legal impediments to return to the US imposed by deportation.
Voluntary departure is available to aliens who are not deportable on aggravated grounds, who have the means to pay for their departure from the US., who agree to depart within a period of time granted by the Immigration Judge, and who can establish good moral character during the previous five- year period.
All forms of relief from deportation, except withholding of deportation, may be granted at the discretion of an Immigration Judge. Final orders of an Immigration Judge may be appealed to the Board of Immigration Appeals, and from there to the appropriate US Court of Appeals.

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