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I came to consult with Atty. Mary towards the end of the day with a very urgent immigration issue…. Mary and her assistant stayed with me until 9 pm in order to file all the needed paperwork for me.”
My mom filed a petition for me when I was single and she was a green card holder at that time. My mom became a US citizen in 2015 and I am now married with one child who is a US Citizen (We live outside USA). My priority date is May 31, 2008. What do I do? Should I adjust my status now or wait until I get contacted by NVC? By doing so how does this affect my priority date?
When did you get married? If it was before your mom became a US citizen, the petition has been revoked because permanent residents can file a petition for UNMARRIED children only. There is no category for married children of permanent residents. If you got married after your mom became a US citizen, your category would change to an F3 category for married children of US citizens.
The F3 category has a long waiting period for the priority date to be reached (more than 15 years). The way to speed up immigration is through employment-based immigration. You or your husband may pursue employment-based immigration (EB-2 or EB-3, depending on your qualifications and the job offer). Either way, whether it is you or your husband as the principal beneficiary, you will benefit from each other and children (born outside the US) who are below 21 will benefit also as derivative beneficiaries.
I am a foreign professional worker on an H-1B visa and got laid off. Do I have to exit the U.S. immediately?
As of January 17, 2017, an individual on an H-1B visa or status has a grace period of up to 60 days after employment has been terminated. One important thing to consider is that the grace period is up to 60 days or until the end of the authorized validity period, whichever is shorter. This 60 days grace period not only applies to individuals on H-1Bs but also to individuals on E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN and his/her dependents. Keep in mind that each case is different, thus, if you are in this situation, you should contact an immigration attorney so he/she can go over the specifics of your case an determine if you can avail of the 60 days grace period.
Learn more about maintaining your non-immigrant status.
K-1 visa holders are eligible to apply and obtain a social security number upon entry to the United States. It is advisable that the K-1 visa holder waits around two weeks before applying (so that the Social Security Office can verify his/her arrival record). At the same time, the K-1 visa holder should not wait too long to apply either. If he/she applies within two weeks of the I-94 expiration, the social security office may not be able to process the request. When applying for the social security number, the K-1 visa holder needs to submit proof of his/her legal status in the U.S. by showing his/her original passport with original K-1 visa, valid I-94, and his/her original birth certificate.
Being in the US under a nonimmigrant visa does not reduce the waiting time for an immigrant visa to become available, but if your goal is to get to the US sooner, then it may be more desirable. Consular processing waiting times at the US Embassy may vary from country to country, but they are still generally faster than processing times at USCIS Field Offices for Adjustment of Status.
The US employer must first obtain a “labor certification” from the US DOL in connection with the job opening. Once the certification is issued, the US employer must then file the immigrant petition with the USCIS. Then once this petition is approved, and if a visa number is currently available, then the foreign national may apply for the visa either thru Consular Processing if located abroad, or thru Adjustment of Status if lawfully present in the US.
It depends on the foreign national’s country of origin and the qualifications of the job. Positions that require a bachelor’s degree usually have a longer waiting time than those that require a master’s degree. Processing times may vary between a few months, to several years.
A foreign national who desires to work for a US employer must go through the usual recruitment and job-hunting process.
It is an immigrant visa to allow a foreign national to live and work in the US, because of an approved petition filed by the foreign national’s US-based employer who has hired the foreign national because he or she is qualified to perform a job where there are no sufficient US workers willing and qualified to perform it.