|Frequently Asked Questions
NONE OF WHAT FOLLOWS IS TO BE CONSIDERED LEGAL ADVICE.
IMMIGRATION LAWS CHANGE FREQUENTLY AND THESE FAQ MAY BE
PLEASE CONSULT A SKILLED IMMIGRATION ATTORNEY BEFORE MAKING ANY
DECISION REGARDING YOUR IMMIGRATION STATUS OR PLANNED VISIT TO THE
Content is updated frequently and is also posted on our Facebook Page.
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
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.
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.
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
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