Category: Q&A

Extension / Immigration News / Info / Q&A

Current Immigration Status

Is my “Current Immigration Status” different than my “Status at Last Entry?”

Part 2, Item 25 on Form I-765, Application for Employment Authorization, asks for “Your Current Immigration Status or Category.” You may or may not have the same immigration status as when you initially entered the United States. Your current immigration status, which is generally identified by a visa category, describes the basis of your lawful immigration status in the United States.

Screen shot of current immigration status on Form I-765

When you most recently entered the United States, immigration officials likely assigned you an immigration status. This was your status at last entry. Typically, you can find your status at last entry on your nonimmigrant visa or Form I-94. However, if you changed your status since arriving, your visa category may be different. In this case you can likely find your current immigration status on a Form I-797A, Notice of Action.

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Change of Status Example

Change of status is not common. The most common requests are to change to a nonimmigrant student or to a nonimmigrant worker. For example, an individual might enter on an F-1 student visa. Near graduation, the student is offered employment with a company that is willing to sponsor. In this example, the foreign national entered on an F-1 visa but is currently in the United States on an H-1B.

No Status Example

In a similar way, it’s possible that a nonimmigrant doesn’t have any current immigration status. In this case, he or she would have no lawful status in the United States. For example, a person that enters the United States on a B-2 visitor visa and fails to leave before the expiration date on Form I-94 does not have a valid immigration status. (Note: The duration of stay is dictated by the I-94, not the visa.) The person’s current immigration status in this case is “No Status.”

Immigration News / Q&A / tn visa

TN visa after almost getting a green card

Will it be more difficult to be approved for a TN visa after almost getting a green card previously?

I’m a Canadian software engineer who previously lived in the US on an L1B, and was let go from that job during the Adjustment of Status step of my employment-based green process. I returned to Canada to meet the 60 day grace period requirement at that time, and to continue my working life.

Since applying for a green card is indicative of “intent” to immigrate, would a potential TN visa application with another employer be more difficult to get approved in the future than if I never applied for a green card previously? (since TN is not a “dual intent” category)

Answer

You are correct. Since the TN is a “single intent” status, your applying for a green card could result in your TN being denied.

Applying for a green card could result in your TN being denied. Although, it makes no sense you departed the US if AOS was pending.

Immigration News / Q&A

I surrendered my conditional green card before it expired

I surrendered my conditional green card before it expired, do i revert to my non immigrant status?

My marriage didn’t work out, i decided to go back home (PH) and surrendered my green card, do i revert back to my non immigrant (B2) status? Can I visit the US to travel?

Answer

Yes you may later visit the US if you surrender your GC.

You will not automatically revert back to a visitor visa. Rather, you will have to apply for a visitor visa and establish non-immigrant intent and that there are no other admissibility issues.

Generally, those who surrender their green card can later visit.

Immigration News / Q&A

I am a dental hygienist in Canada with 4 years degree. Can I get TN visa?

I wanna have work experience in USA. Is it possible to get TN visa or H1B?

Answer:

A dental hygienist with only experience would not qualify you for the TN or the H-1B visa.

Not directly.

https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm

Immigration News / Q&A

Where can I get the my visa?

I got the I539 (B2 to J2) approval in USA.
Where can I get the J2 visa in my passport? Just in my country? (Israel).
Do I have another options?

Answer:

A change of status from B to J does not require a visa to remain in the US. Travel out of the US will require obtaining a visa to return to the US and be admitted in J status. Home country has visa jurisdiction.

If you are currently in the United States and USCIS issued an I-797 approval for J-2 status, you do not need to immediately depart the U.S. to obtain the J-2 visa. You can schedule the J-2 visa appointment when visiting family or friends in Israel. If you visit another nation (other than your home country), you may be eligible to apply for the J-2 visa as a third-country national.

Family / Immigration News / Q&A

I am willing to sign a marriage certificate with my friend’s brother to help him keep his visa. It would be for one year only.

We are in Ontario, Canada. I am a Canadian citizen, born and raised here. My friend and her brother are from India. She has her permanent residency, he does not.

Her brother’s visa is expiring soon, very very soon. He will have to go back to India, which he does not want to do. If he goes, my friend will have to go with him, for various reasons.

They have consulted an immigration lawyer throughout this process, who advised them of their options. They resorted to paying a Canadian girl to marry the brother (on paper only), only for her to take off with the money and never contact them again. No marriage occurred. Now they’re out the money, desperate, and running out of time.

I am willing to sign a marriage certificate with my friend’s brother to help him keep his visa. It would be for one year only.

Could this end in any trouble for me? How about my friend or her brother?

I really don’t have the money to consult a lawyer of my own right now, so I’m looking for even a shred of direction here.

Answer

If you sponsor your spouse, you must give them financial support for 3 years even if the marriage or relationship fails. Sponsorship is a legal contract with the Government of Canada. You must meet its terms.

In some cases, sponsors and foreign applicants set up a “marriage of convenience.” This is a marriage or common-law relationship whose sole purpose is to let the sponsored spouse or partner immigrate to Canada.

Canadian citizens or permanent residents who are in a marriage of convenience for immigration reasons may be charged with a crime.

It’s a crime for a foreign national to marry a Canadian citizen or permanent resident only to gain entry to Canada.

https://www.canada.ca/en/immigration-refugees-citizenship/services/protect-fraud/marriage-fraud.html

Family / Immigration News / Marriage Greencards / Q&A

Form I-130 bona fide marriage

Hi, I am filing standalone form I-130 for my spouse and I need to show evidence of bona fide marriage. Should I include photos of significant events in my package or is that not necessary until I get called for an interview.

Answer

Yes photos of you together would be great. Other evidence of bona fide marriage can include: joint bills, joint bank account statement, lease agreement with both your names, mortgage with both your names and children’s birth certificates if you have any. You may supplement more photos at the interview.

Immigration News / Q&A

I am green card holder coming from a muslim country

Q. I am green card holder coming from a muslim country, i am planning on traveling to turkey(istanbul) to meet up with my girlfriend, i am little bit worried if there would be no problems to reenter the us?

Answer :

You should be fine unless you’ve been convicted of/pled guilty to an offense that has made you removable. If you don’t have any convictions or guilty pleas on your record, you should be fine.

Immigration News / Q&A

Do I become an undocumented if the waiting period of 240 days passed after renewal of my H1-B?

Question: I received the filing receipt after the renewal request for my working visa was accepted, and I heard that When I get the filing receipt, I may stay 240 more days. What should I do if the renewal process takes more than 240 days.

Answer: For a renewal, You may stay for 240 days based on the 240-days rule.

However, when the renewal process is delayed for more than 240 days, you are just allowed to lawfully stay. You cannot continue working after the 240 days, and will therefore not go out of status because of a delay at the immigration office. There is an option to apply for premium service and receive results expeditiously within 2 weeks.

Q&A

Can i work while I am applying for an employment-based immigration green card?

Can I work while I am applying for an employment-based immigration green card?

Question:

When will I be able to start working after applying for an employment-based immigration green card?

Answer:

Employment-based immigration generally takes 3 steps.

1^st step: LC approval (Labor Certification) through PERM

2^nd step: Apply for I-140

3^rd step: Apply for I-485

You must get a work permit, which you can apply for at the 3^rd step, in order to begin working at your corresponding company unless you don’t have EAD or work permit based on your immigration status.

LC is not a work permit although It says Labor Certification Process.

Prior to getting issued your work permit, we highly recommend consulting a lawyer in regards to your residency status.