| Frequently Asked Questions |
NONE OF WHAT FOLLOWS IS TO BE CONSIDERED LEGAL ADVICE.
IMMIGRATION LAWS CHANGE FREQUENTLY AND THESE FAQ MAY BE
OUTDATED.
PLEASE CONSULT A SKILLED IMMIGRATION ATTORNEY BEFORE MAKING ANY
DECISION REGARDING YOUR IMMIGRATION STATUS OR PLANNED VISIT TO THE
USA.
Content is updated frequently and is also posted on our Facebook Page.
FAQ
Q. I am a US citizen, can I "sponsor" my brother/sister? How long do they have to
wait for a Green Card?
A. Yes, you may file an immigrant petition for your brother/sister, but siblings are not
considered "immediate relatives”, therefore cannot concurrently file for adjustment of
status and face a substantial wait time. They are classified as beneficiaries of a 4th
family-preference petition and according to the DOS Visa Bulletin currently face a nearly
10 year wait.
Also, your brother/sister should consult with a skilled immigration attorney if they want
to visit the US temporarily during this wait period to discuss the issue of “immigrant
intent”.
Q. I am a freelance translator, can I get a visa to work in the U.S.
A. Freelancers are tough. A simple B-1 temporary visa does not allow for gainful
employment while in the U.S. (regardless of where the money is paid) and most
employment visa categories require a U.S. Petitioner. This candidate probably does not
qualify for a visa.
Q. I have an I-140 pending, can I premium process it?
A. Not all I-140 categories are amenable to premium processing. See http://www.uscis.
gov/files/article/premproc_22jun09.pdf
Q. I have entered the U.S. under the visa waiver program and was admitted for 90
days. Now I have found a school that I am interested in attending, can I change my
status and extend my stay without going back to my home country?
A. No – A person admitted pursuant to the Visa Waiver program expressly waives any
and all rights to seek an extension or change of his/her nonimmigrant status. You will
have to go back to your home country and apply for the proper visa at the local U.S.
Consulate.
Q. I have entered the U.S. with a B-1/B-2 visa can I extend/change my status?
A. Maybe – Under the appropriate set of circumstances A B-1/B-2 entry can be
extended/changed. Please note that the applicant bears the burden of proving
nonimmigrant intent.
Q. I am the spouse of an E-1, E-2 or L-1 visa holder and have just entered the U.S. -
am I legally authorized to work and can I obtain a Social Security Number?
A. Although since at least 2002 the law has provided that the spouse of E and L
principals are authorized to work and although in some cases the Social Security
Administration has issued Social Security Numbers to such dependent spouses,
USCIS has taken the position that an E or L spouse must file and obtain a separate
employment authorization to be legally authorized to work in the U.S. This is in my
opinion nothing but a thinly veiled attempt to extort more filing fees, and serves no other
practical purpose. Be as it may, in order to prevent a future charge of unauthorized
employment and possible problems upon an application for extension or change of
status, as of this writing (11/4/2010) the safest course of action is probably to obtain a
separate employment authorization by filing form I-765 with USCIS.
Law Offices of Giuseppe Scagliarini
| Giuseppe Scagliarini, Esq. 37 Harrison Avenue Newport, RI 02840 Phone: +401-849-1220 Fax +401-633-7055 E-Mail: info@scagliarinilaw.com |
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