1. I applied for my brother immigration visa that takes 10 years to approve
I applied for my brother immigration visa that takes 10 years to approve and by the time Immigration approved my petition, my brother had died! So now I want to bring his family to us okay tell me how can I bring his family to us on that case right I am USA citizen ! My brother has four children one daughter that about 23 years old two under 18 plus and one 30 plus okay can my brother wife come on that immigration case
Mr. Lee answers,
The death of a principal beneficiary like your brother generally means that the case is over unless one of his dependent family members was residing in the US at the time of his death. Residence means the individual’s principal, actual dwelling place in fact without regard to intent, and for such a person, the definition does not require the individual to show that he or she was physically present on the exact date of death. If one of your brother’s dependent family members that remains eligible for immigration including counting the benefit of extra time under the Child Status Protection Act qualifies under the residence requirement, the case can continue under a provision of the immigration law, §204(l) relief for surviving relatives. Either the wife or one of the children who are still eligible to immigrate can fulfill the residence requirement. For the dependent beneficiary to request continuation of the case, he or she should specifically request USCIS “to reinstate the approval of the petition under section 204(l).”
2. Permanent Immigration
My boyfriend is from Iraq and wants to move to Oregon, US to live with me. We don’t qualify for the fiancée visa because we haven’t been able to meet due to covid. Can he get a work visa if he doesn’t have a job offer? What would be the best visa to go after so he can live here permanently.
Mr. Lee answers,
Without a basis to immigrate or to enter the US through family relationships, your boyfriend would generally have to obtain a work visa to work legally in the US if he comes into the country. Such work visas normally require a job offer. I note that if he manages to obtain an F-1 student visa, he may be allowed on-campus employment which does not require USCIS employment authorization, and later the possibilities of curricular practical training, pre-completion practical training, and post-completion practical training. If your relationship is serious, and you wish to apply for his fiancé visa, you would both have to physically meet prior to the fiancé petition being submitted to USCIS.
3. My husband filedI-130 for me and he got my names wrong. Would that affect our processing time?
I would like to know what would happen in our situation. He changed my last name to his, thinking that I had already done so, but I used my maiden name as it is on my passport. I would like to know if and how this would affect our process.
Mr. Lee answers,
Whether your husband filed for you under your maiden or married name should make no difference in the timing or the adjudication of the I-130 petition. Petitions are filed under married or unmarried names, and it generally makes no difference to an immigration officer.
4. Can my employer apply for H-1B visa and green card at the same time?
I am a foreigner medical student, and I will finish my last year and then I will travel to USA -now, I have a friend in USA who owns a company and he agreed to apply h1b visa and green card for me so I can stay in USA. Now, can he apply for both H-1B Visa and green card at the same time to minimize the processing time to get green card? After finishing my last year I will go to USA for training in a hospital On B-1 visa before my employer apply for H1b visa and green card and I will return to my country while the process of H-1B is running before my b1 visa 6months end and I will travel to USA in the 1st October on H-1B visa
Mr. Lee answers,
As you will finish your last year as a medical student before proceeding with your plan, I assume that you are requesting an answer to a future situation – perhaps in 2022. Unless your contemplated employer falls within the categories of entities that are exempt from the H-1B cap (institutes of higher education, nonprofit organizations related to or affiliated with institutes of higher education, nonprofit research institutes, or government research institutes), your employer would have to register the company and you with USCIS in March to see whether you could be selected since there are more H-1B applicants than there are available slots. If you are selected and assuming that your timing works out and that there are no Covid-19 restrictions or other bars, your employer can apply for both H-1B and the green card for you at the same time. The H-1B is a dual intent visa which allows the holder to have the intent to immigrate during the time that he or she is here as a nonimmigrant.
5. Is parent eligible to apply for SSN and thereby insurance?
I had applied for my mother I130 in Oct 2019. She was not in US at the time. Due to circumstances, she arrived in US on B2 visa in March 2020. She was eligible to stay until Sep 20, 2020. I filed her B2 extension due to Covid. No action has been taken on that application as of now. I also filed her I 485 Adjustment of Status since she was already here on Sep 16, 2020. Her I 130 got approved on Sep 23, 2020. I am assuming she is still in legal status as I had applied her B2 extension and then I 485 before original B2 expired. Since her I 130 is approved, can she obtain SSN based on I 797 receipt.
Mr. Lee answers,
Your mother will be able to apply for an SSN if she applies for an I-765 employment authorization application, has it approved, and then makes the SSN application. She is eligible to file for the I-765 as she has already filed the I-485 application. I have not heard that anyone is able to obtain an SSN based on an I-130 approval alone. Your mother’s pending B-2 extension makes no difference. Even persons in valid B-2 status are not allowed SSN’s.