Comments on: New Immigration Forum — Ask Immigration Questions and Get Your Answers! http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer Immigration News, Analysis and Pro-Immigrant Rants Thu, 07 Jan 2010 02:16:09 +0000 hourly 1 http://wordpress.org/?v=3.1 By: susie http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer/comment-page-1#comment-8112 susie Wed, 22 Oct 2008 19:03:36 +0000 http://immigrantdaily.com/?p=60#comment-8112 I have been married for two yrs and have a son with my husband. And now i'm in the process of helping him get his paper and he had to return to mexico he has been goen since the 8th of October 2008. Could you tell me how long the process is taking and how can I get him back home? Is their a process I can do so he does not have to stay the whole tim in mexico? I have been married for two yrs and have a son with my husband. And now i’m in the process of helping him get his paper and he had to return to mexico he has been goen since the 8th of October 2008. Could you tell me how long the process is taking and how can I get him back home? Is their a process I can do so he does not have to stay the whole tim in mexico?

]]> By: Delilah http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer/comment-page-1#comment-8106 Delilah Wed, 15 Oct 2008 22:03:16 +0000 http://immigrantdaily.com/?p=60#comment-8106 hi i am 18 years old and im 5 months pregnant from a guy who is not legally from here ive been told you need to be 21 years old to fix some one legal documents i am not married to him and hes been here since he was 9 he is now 21 when he was a minor of 15-17 years of age he comitted a few misdemeaners when he wasnt a minor any more he got pulled over a couple times caught driving without a license what can i do what will happen hi i am 18 years old and im 5 months pregnant from a guy who is not legally from here ive been told you need to be 21 years old to fix some one legal documents i am not married to him and hes been here since he was 9 he is now 21 when he was a minor of 15-17 years of age he comitted a few misdemeaners when he wasnt a minor any more he got pulled over a couple times caught driving without a license what can i do what will happen

]]> By: mary http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer/comment-page-1#comment-949 mary Tue, 19 Feb 2008 23:57:51 +0000 http://immigrantdaily.com/?p=60#comment-949 Hi this is me again. I just receive my 797 notice now my question is do I have to submit the same informations with the I29f such as copies of everything again that I have already submitted with my I130 or do I just enclosed my receipt 797 Hi this is me again. I just receive my 797 notice now my question is do I have to submit the same informations with the I29f such as copies of everything again that I have already submitted with my I130 or do I just enclosed my receipt 797

]]> By: admin http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer/comment-page-1#comment-693 admin Wed, 02 Jan 2008 04:48:34 +0000 http://immigrantdaily.com/?p=60#comment-693 <p>Dear Jen: well actually the problem for your husband is that he entered illegally. So, when you would apply for the actual immigrant visa -- Green Card, he would be placed in removal -- fancy way of saying deportation. I suggest that you get an immigration attorney to help you with this, because there are some complicated options for you, but they will require a formal trial-type hearing in front of an immigration judge. Generally, you could argue that you and your son need your father and so deporting him would harm U.S. citizens. Good luck. <strong>UPDATE:</strong> Actually in your situation your husband would have to go back to his country and try to apply for the aforementioned waiver at the U.S. consulate. He would not be able to do so here. As far as the conditional Green Card, actually in your case there would be no condition placed on your Green Card because you have already been married for longer than the conditional period of 2 years. </p> Dear Jen: well actually the problem for your husband is that he entered illegally. So, when you would apply for the actual immigrant visa — Green Card, he would be placed in removal — fancy way of saying deportation. I suggest that you get an immigration attorney to help you with this, because there are some complicated options for you, but they will require a formal trial-type hearing in front of an immigration judge. Generally, you could argue that you and your son need your father and so deporting him would harm U.S. citizens. Good luck. UPDATE: Actually in your situation your husband would have to go back to his country and try to apply for the aforementioned waiver at the U.S. consulate. He would not be able to do so here. As far as the conditional Green Card, actually in your case there would be no condition placed on your Green Card because you have already been married for longer than the conditional period of 2 years.

]]> By: admin http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer/comment-page-1#comment-692 admin Wed, 02 Jan 2008 04:45:05 +0000 http://immigrantdaily.com/?p=60#comment-692 Dear Jeejee: Actually for employment-based immigrant visa, it is not called an LCA, but a Labor Certification or PERM. This process usually 3 months or so (requires advertisement by your employer). After that you will file your I-140, which is a petition that classifies you under a certain visa category. As a physician you would probably be under the EB-2 category. The problem for you will be in the actual green card application (Form I-485), since you are not allowed to file this petition until visas are available in this category (search "visa bulletin" on Google), which currently they are not. So to actually get your Green Card will be a long wait -- though you never know, because the issue is quite political and perhaps the new administration or any immigration reform may shorten your wait. Dear Jeejee: Actually for employment-based immigrant visa, it is not called an LCA, but a Labor Certification or PERM. This process usually 3 months or so (requires advertisement by your employer). After that you will file your I-140, which is a petition that classifies you under a certain visa category. As a physician you would probably be under the EB-2 category. The problem for you will be in the actual green card application (Form I-485), since you are not allowed to file this petition until visas are available in this category (search “visa bulletin” on Google), which currently they are not. So to actually get your Green Card will be a long wait — though you never know, because the issue is quite political and perhaps the new administration or any immigration reform may shorten your wait.

]]> By: admin http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer/comment-page-1#comment-691 admin Wed, 02 Jan 2008 04:38:36 +0000 http://immigrantdaily.com/?p=60#comment-691 <p> Dear Malko: Sorry but there really is not any place that I know of where you can ask USCIS about this. There is a procedure by which you can send a letter to USCIS directors and ask clarifications on law and they may issue an opinion for you. However, in your case I am sorry to say but I believe that you will not be able to work your freelance job in the United States - even if the person paying you is outside of the country. As long as you are performing the work in the U.S., you need to have permission to work here. Such as an H-1B or EAD. In your case, you may want to consider starting your own company and then doing work under that company. Your own company could sponsor your second H-1B visa for you, thus giving you the option of doing your freelance work in the U.S. legally.</p> Dear Malko: Sorry but there really is not any place that I know of where you can ask USCIS about this. There is a procedure by which you can send a letter to USCIS directors and ask clarifications on law and they may issue an opinion for you. However, in your case I am sorry to say but I believe that you will not be able to work your freelance job in the United States – even if the person paying you is outside of the country. As long as you are performing the work in the U.S., you need to have permission to work here. Such as an H-1B or EAD. In your case, you may want to consider starting your own company and then doing work under that company. Your own company could sponsor your second H-1B visa for you, thus giving you the option of doing your freelance work in the U.S. legally.

]]> By: malko http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer/comment-page-1#comment-669 malko Tue, 25 Dec 2007 12:33:53 +0000 http://immigrantdaily.com/?p=60#comment-669 Hello, I'm an H1B holder who's been offered a freelance job in a foreign company (outside of US). I'm getting mixed opinions about if this is legal or illegal. First question is: Is it legal? Second, is there a place where I can speak directly to a representative from USCIS regarding this matter? Thank you :) Hello,

I’m an H1B holder who’s been offered a freelance job in a foreign company (outside of US). I’m getting mixed opinions about if this is legal or illegal. First question is: Is it legal? Second, is there a place where I can speak directly to a representative from USCIS regarding this matter?

Thank you :)

]]> By: jeejee http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer/comment-page-1#comment-616 jeejee Fri, 21 Dec 2007 00:22:47 +0000 http://immigrantdaily.com/?p=60#comment-616 Hi.Am a physician from India presently on H1B visa. My question is....when I do apply for a job providing me a Green card, how long is it taking these days for the LCA to come and then the final process of getting a green card? Also once the LCA has come can I stay on irrespective of how long it takes to get the green card? Hi.Am a physician from India presently on H1B visa. My question is….when I do apply for a job providing me a Green card, how long is it taking these days for the LCA to come and then the final process of getting a green card? Also once the LCA has come can I stay on irrespective of how long it takes to get the green card?

]]> By: jennifer http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer/comment-page-1#comment-609 jennifer Thu, 20 Dec 2007 01:39:07 +0000 http://immigrantdaily.com/?p=60#comment-609 Hi, my name is jen and I am a us citizen and I am now married to my husband who entered the country illegaly about 3 yrs ago we have a 5 month old son we been married for a month now what is the quickest way for him to obtain his green card, I was told that if and when we qualify he would receive conditonal gc is this true and what exactly does tha mean? Help Hi, my name is jen and I am a us citizen and I am now married to my husband who entered the country illegaly about 3 yrs ago we have a 5 month old son we been married for a month now what is the quickest way for him to obtain his green card, I was told that if and when we qualify he would receive conditonal gc is this true and what exactly does tha mean? Help

]]> By: admin http://immigrantdaily.com/immigration/new-immigration-forum-ask-immigration-questions-and-get-your-answer/comment-page-1#comment-570 admin Sat, 15 Dec 2007 23:00:00 +0000 http://immigrantdaily.com/?p=60#comment-570 Hi Miguel: Are you a U.S. citizen, how about your kids? Let me know, and I will give you a more thorough answer tomorrow or Monday. Hi Miguel: Are you a U.S. citizen, how about your kids? Let me know, and I will give you a more thorough answer tomorrow or Monday.

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