Form I-130

J-1 Physician applying for following to join after waiver

Question details

I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Recording of Free Community Conference Call (Every Other Thursday), 17 November 2016

Immigration.com

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 17 November 2016:
FAQ: Refused entry 212(d)(3) waivers; L-1A for functional managers; Leaving employer after getting a green card; Changes in immigration after Trump.
Other: AOS for out of status; Giving and receiving money on H-1B visa/status; Name error in I-140; Medicaid for parents; Translations; Functional managers on L-1A; Denial of I-130; Losing green card; Amending H-1 is vendor changes; H-1 visa revocation; H-1B extension beyond 6 years; Priority date transfer; H-1 visa stamping; F-1 OPT based upon an employer who was not joined, etc.

Recording of Free Community Conference Call (Every Other Thursday), 2016, September 8

Immigration.com

Citizenship and Naturalization

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday, 8 September 2016:
FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A; 
Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.

Recording of Free Community Conference Call (Every Other Thursday), 11 February 2016

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday, 11 February 2016:
FAQ: Traveling on EAD, Advance Parole, H-4; Does changing jobs require restarting green card; Returning to H-1 after I-485 EAD; Birth certificates and affidavits of birth, non-availability certificate, secondary evidence; E-3 visa change of employers and filing green card; Options after 6 years of H-1 are completed; Extending B-2 visa and status for dependent parent; Effect of change in project on EB-1C (International Managers/Executives) green card.

Other: H-4 for autistic son over 21; H-1 amendment location has changed; Using B-1 B-2 visa after Advance Parole expire, I-485 is abandoned; H-1 reuse and quota; I-140 priority date transfer and returning to old employer; H-1 quota if no visa was stamped; I-485 RFE; Correcting errors on Form I-130; Starting green card with new employer, porting (transfer of) priority date; AC21 changing jobs while RFE is pending; Denial of Form I-751, conditional permanent residence (green card); Resetting the clock on H-1B and L-1B; H-4 EAD issues; Applying for change of status from H-3 to F-1.

Applying for green card while visiting the USA

Question details

I am contemplating marriage to a GC holder and I have a question regarding I-130 and AOS. My prospective spouse got GC in Jan 2015. I currently hold a valid visitors visa to USA and I have visited USA many times on this visa.Is it possible to get married, enter USA on the existing visitors visa and then immediately apply for I-130 and Adjustment of Status. What are the risks/implications with this approach. What is the best procedure in these circumstances?

See clip from Attorney Rajiv S.

I-130 Petition

Question details

I am a US Citizen residing in the UAE with my Wife and two children. My Wife is a Syrian passport holder. We petitioned her case for residency in the US under I-130. We have received the first notice from the NVC which was on the 24th of June. The letter stated that all documentation necessary to complete the National Visa Center processing of your case has been received, and as soon as an interview date has been scheduled then we will be notified.
How long does it take to receive the second notification with an Interview Date that we are closing on week eight?
Is there a way that you can expedite an Interview Date?
If the answer is Yes, Could we officially request your service?
Case Number: ABD2014671004
Beneficiary's Name: KINANA WARD
Preference Category: IR1
Priority Date: 25-NOV-13

Hi Loay. Times are highly variable from a few weeks to a few months. Expedites are only granted for showing of some sort of urgent humanitarian situation in cases like yours. We would like to help, but I am not sure we can add much value at this stage. Contact us if there are any issues (other than timing). 

Withdrawal of Application for Admission at the Airport Under INA 212(a) (7)(A) (i)(I) & 235(b)(1)

Question details

Iam a Indian National Married to A US PR holder She has cleared her N400 Interview .I have been last year Denied Admission (deported) from Airport after me being initially on Student (F-1) Visa & then on H1B (61/2 years previously) with Citations : 212(a) (7)(A) (i)(I) & 235(b) (1) .
The questions I have for you are :
Q) Do I have any 3 yr, 5 Yr or 10 yr ban on my entrance to USA ?
Q) Do I need any waiver like I-212 or anything else for my future entry to USA ?
My I-130 had been approved and I believe I can upgrade my I-130 by my Spouse sending her Naturalization Certificate & her passport copy to NVC(Kentucky)
Q) Do you think I might have difficulties while facing this changed IR-1 Category Visa Interview and any other problems at the Port of Entry ?
Q) What timeframe does NVC take to notify the Consulate & Can it be Hyderabad, India ? & Overall how much time will it take for me to get the Visa or the Conditional Green Card

Video URL

Adjustment of Status, Form I-130, Form I-485, ESTA, Fraud/Misrepresentation, Waiver

We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.

Status
Green Card AOS Approved

Nonimmigrant Visas

Profession/Occupation

Immigration Law