We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

What is the I-140 processing procedure?

If somebody sent me documents, will I obtain a confirmation number? Are they pre-screening the package for formal errors? How will I make sure there is enough money when doing my delivery? What is the I-140 processing procedure in general?

Answer: Your employer’s attorney should have addressed all of these questions adequately. In case, your employer did fill the I-140 without the help of a professional or an experienced business immigration lawyer. You can do the following:

1. Within 7 to 10 days after receiving a USCIS on the I-140 “package” at “Service Center”, you will get a case filing “receipt”, namely a Form I-797 of “Notice of Action” that will also include a unique case number used for tracking all inquiries. Remember that your I-140 will take about 4-6 months to be fully processed followed by registration of email updates at the www.uscis.gov. website.
2. Your employer can also check with his banking statement online whether he or she has paid the fee payment. Often USCIS “cashes”, which fee check within 7 days from the package arrival within the Service Center. If you do it correctly, you will get back your package within 2-3 weeks with more instructions about the Rejection Notice.

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

What do people enlisted in the military gain during immigration?

What is the process of gaining U.S. citizenship while a member of the military? How helpful is it for the process? Is the partner of military given extra special consideration?

Answer: Immigration laws are exactly similar for everyone. It doesn’t change for a family relation of someone with a military background and a non-military background. Things would be slightly easier for the spouse of an enlisted militant or master who is still active in the army. They can enjoy the privilege of “Parole in Place” which makes the process a bit easy. Rules and instructions are clearly mentioned by USCIS in a memorandum which directs the concerned offices on how to take care of spouses of military whether active or retired regarding the immigration procedure.

For more information, you can take a look at the memo here: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2013/2013-1115_Parole_in_Place_Memo_.pdf.

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

How can my organization apply for green card on a L1A?

I went to the US on a L1B in 2011 and converted it to a L1A in 2013. Presently it’s being stretched out to 2017 and my organization is applying for my Green Card. Can they do it in EB1C? What is the timetable for this procedure? As I understand it, they apply for an I140 and I for an I485 – is this right? When an I140 is endorsed, it it enough? 

Answer: The subject of whether both you and your boss meet all requirements for appealing to you for stable situation under EB-1(c) ought to be postured to your boss, and his movement legal counselor, since just they will know all the essential realities of the organization, your position, and so on., and so on. We are not conscious of your record/case here.

By and large terms:

1. On the off chance that the business records the I-140 appeal to asking for “Premium Processing Service”, then USCIS should return to the business inside 15 timetable days with either an endorsement (to a great degree uncommon); a RFE (in all likelihood, i not for all intents and purposes ensured) or refusal (uncommon without a RFE or two first).

2. Yes, you can apply for the I-485 simultaneously with the I-140 if your need date is “present’, which is quite often current in EB-1.

2. If not documented PP, then CIS takes 6 months + to arbitrate the I-140, and your I-485 can’t be affirmed without the I-140 being endorsed first.

3. Yes, you can be advanced while I-140 in the process. Won’t modify anything.

4. EB-1 is still “current,” notwithstanding for locals of compelling Hindustan.

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

Can I retract or cancel an I-130 and I-485 after submission?

We recently received the instruction for biometrics after submitting the I-130 and I-485. However, I have decided to stop pursuing the process. Can I officially cancel the submitted papers and terminate the entire process without affecting our B2 visa if we decide to visit the US again in the future?

Answer: Both the I-485 and I-130 (with the I-864 Affidavit of Support) can be withdrawn by the petitioner and applicant respectively by writing a letter to USCIS. The National Benefits Center looks on the case before transferring it for an interview at the local CIS district office.

Each letter should identify the name of the I-485 beneficiary/applicant and I-130 petitioner, and the case number. No need to explain anything. Ensure each mail is Certified Mail with a request for return receipt. Keep a copy of the records. Hopefully, this won’t affect your B2 visa and your ability to visit again.

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

How much time do I have to leave the country after my E2 Visa  is revoked? 

I was issued an E2 Visa (Key Employee) when I took this position. I suspect that I am about to lose my position soon and I need to prepare for my future. I have 2 questions:

1. If they follow through and terminate me, is there a set period within which I should exit the country?

2. If I have a good business plan, about 3-4 employees and $200K ready, can I form a new LLC and then apply for a new E2 visa without exiting?

Answer: The law says that you have a reasonable time to leave after your termination. Legally speaking, you are considered “out of status” immediately after your termination. This means that your presence here without a valid visa is illegal. In reality, however, unless your employer notifies the issuing consulate as well as the USCIS, no one knows about it. Talk to your employer about your concerns so that you will have no problems.

To answer your second question, yes, your investment is welcome here. You should discuss next steps with an experienced business immigration lawyer.

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

How long should a marriage to a US citizen last before filing for a green card?

Many people who are residing in the US using some form of a visa and who have emotional relationships with US citizens realize that marriage could be their path towards citizenship. As a spouse of a citizen, the individual has the right to file for a Green card. However, at the same time, many wonder how long should the marriage last before this procedure it triggered. Should the person file right away once they get married, after a few months, or should they wait for an entire year?

Answer: The USCIS (United States Citizenship and Immigration Services) does not differentiate cases based on the previous length of the marriage up to a certain point. To the same agency, any marriage that does not involve a child born or which lasts less than two years is classified as suspicious in the exact same way. The suspicion is cleared when the authenticity of the same marriage is proven. This is achieved 50% though the documentary evidence, while the other 50% covers oral testimonies of both partners during personal interviews that take place in the USCIS. Simply put, if the marriage is shorter than two years, the USCIS perceives any duration in the same manner.