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FAQs

What are the different types of Non-immigrant Visas?

Please visit the U.S. Department of State: http://travel.state.gov/visa/temp/types/types_1286.html

 

Can an LPR be removed/deported from the U.S.?

Yes, an LPR can be removed from the U.S. for violations of immigration laws. Examples of violations are “alien smuggling,” “false claim to U.S. citizenship,” and certain criminal convictions in the U.S.

 

How long can an LPR be away from the U.S.?

An LPR can’t be away from the U.S. for more than six months without the U.S. government having the right to question whether the LPR has abandoned her/his U.S. residency.

 

How do I bring my fiancé to the U.S. to get married here?

You can apply for a K-1, Fiancé visa.

 

What is the quickest way to bring my spouse and minor children to the U.S.?

The quickest way to bring your spouse and minor children to the U.S. is to apply for the

non-immigrant K-3 visa.

 

If a student with an F-1 Student Visa gets an offer for employment from a U.S. company can the student stay in the U.S.?

Yes, if the employer qualifies for a work visa (e.g. H-1B).

 

Is an H-1B Visa employee eligible to apply for lawful permanent residency?

Yes, an H-1B Visa employee can apply for a lawful permanent resident status.

 

I overstayed my B-2 tourist visa. While in the U.S. I met someone, fell in love, and we want to be married. Can I still apply for immigrant status?

If your fiancé is a USC, you can get married, your spouse can petition for you, and you may adjust your status to LPR.

It is advisable to consult with an immigration attorney, though, to see if there are any other immigration issues that may bar you from receiving your LPR status.

 

I work as an executive for a multinational company in my home country. My company wants to transfer me to their offices in the U.S. What visa do I need?

You may eligible apply for an L Visa.

 

I had conditional lawful residence as a result of my marriage to a USC. We have since divorced. Can I still apply for a permanent residence when my “green card” expires?

Yes, the requirement for jointly filing a Form I-751 to lift the condition can be waived if you can provide evidence that it was a bona fide marriage. There are also other exceptions to the joint filing.

 

I was convicted for one misdemeanor crime in the U.S. I am now applying for my “green card.” Will I be denied?

Having a criminal conviction doesn’t automatically mean you will be denied. There are waivers available for certain convictions. It all depends what kind of crime you were convicted of.

It is advisable you consult an immigration attorney.

 

How many years do I need to be a lawful permanent resident before I can apply for U.S. citizenship?

You will need to be physically present in the U.S. for at least 30 months out of the five years of LPR status immediately prior to for naturalization. For LPRs who received their “green cards” due to marriage to a USC and if they are still married to the USC they only need to be physically present in the U.S. for at least 18 months of the three years prior to filing for naturalization.

 

My spouse is a lawful permanent resident and she petitioned me, how long is the waiting period?

It depends when your spouse priority date is issued by USCIS after your spouse filed the petition and what country you are from. To find out whether your priority date is current and an immigrant visa is available go to http://parwanilawfirm.com/immigration-links.html.

 

Can siblings petition their non-immigrant siblings?

Yes, U.S. citizens can petition their siblings. They are classified under the 4th Family Preference Category.

 

Can family members join a non-immigrant visa holder working in the U.S.?

Yes, spouses and unmarried minor children (20 year and below) can accompany or follow-to-join the non-immigrant visa holder when they go to the U.S. to work.

 

Can USCIS deny my application?

Yes, many applications are submitted and rejected by USCIS or returned for errors in submission causing longer delays and loss of filing fees. At the same time, there have been cases where USCIS commit errors in adjudicating applications.

Note: Therefore, it is always advisable to contact an Immigration Attorney to assist you in this process.

 

 

 

 

 

 
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