Family-Based Green Cards

Recording of October 27, 2022, Free US Immigration Community Conference Call with Rajiv

Immigration Law

FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||

Green card application for parents during tourist visa

Question details

As per I-94, parents are admitted until 8th August 2022 for their B2 visa. We just sent the I-130/I-485 documents to USCIS.

Q1. What happens if there is no receipt generated till 7th August? Do parents have to leave the country?

Q2. If receipt is generated after they have left the country, what happens to the GC process?

Q3. If receipt is generated in time then what is the process to extend their stay or are they automatically eligible to stay till the GC process is completed?
 

Video URL
FAQ Transcript

1. Your obligation is complete when the government physically receives your papers with the proper filing fees. After that, if they delay in creating the receipt it's really not your problem. As long as you can show that the papers were sent and received by the government. 
2. The answer is No. Let's say that they did leave, then they’re I-130 would still go on but their I-485 would be abandoned and you would have to convert the case to consular processing. 
3. They are automatically eligible to stay because once their I-485 is timely filed, they are considered to be an authorized period of stay. They cannot be illegal as long as the I-485 is pending.  
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Dec 23, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest

Green Card through several categories

Question details

I got married last month ! My husband is a GC holder and next year is going to become Citizen , I have my GC (I-140- Approved) with a priority date of September 2019 on EB3 . What are my best options here ? Do I wait for him to become a citizen and then apply for my GC through his citizenship ? Or shall I apply GC now through his GC status, before he becomes a citizen ? Or shall I wait for mine ? Will my pending GC still be valid if I apply through my spouse ?

You should apply through as many green card categories as are available to you. The family-based green card can be upgraded once he becomes a US citizen. You will be able to get and keep the green card through whichever category comes through first.

 

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Obtaining student or visitors visa while a green card is pending

Question details

I am 19 years old and live with my parents in India.  I have an approved F3 family based immigrant petition which the National Visa Center has shown as “documentarily qualified” since April 2020 My priority date became current in January, 2021. I am waiting for my interview and  have received three  emails, each requesting I wait another 60 days for my next reply. This fall I enrolled in an associate degree program at  a community college in Maryland. I am studying online from India. Should I apply for an expedited F3 family based visa interview based on my educational needs if I want to go and study in the U.S.?

 

Video URL
FAQ Transcript

You can certainly try and then go for the interview once it is scheduled. Although consulates have indicated that they are going to frontline family-based immigration dedicated to family unity first, there are certain categories which you might not fall under. Regardless, it is worth trying to get an expedited interview and then try to get a student visa. More...

Note: Where transcribed from audio/video, 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.

Sept 30, 2021, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, September 30, 2021:

FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.

Green Card final interview process/questions asked, etc.

Question details

1) Please list out what are the documents need to be carried for final interview by main applicant and the dependents?

2) What are the general questions we can expect from the officer during the interview who makes decision and how the interview process will be, so we can be aware and prepare ourselves?

Video URL
FAQ Transcript

1. Always tell the truth.

2. It is okay to say I don't know.  Also, if you are struggling to reply you can say I don't  remember and always ask for a clarification if something is not clear. More...

 

Note: Where transcribed from audio/video, 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.

05 August 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

Discussion Topics, Thursday, August 05, 2021:

FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.

USCIS Removes Barriers to U.S. Citizenship for Children Born Abroad Through Assisted Reproductive Technology

WASHINGTON— U.S. Citizenship and Immigration Services announced updated  policy guidance affecting children born outside of the United States and the determination of whether children born through assisted reproductive technology (ART) are considered to have been born “in wedlock.” This policy update will allow a non-genetic, non-gestational legal parent of a child to transmit U.S.