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 |
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