1. I filled my I130 form on 11th sept 2019 and on 24 mar 2021 says we are actively reviewing. How long will this take as I have been waiting 2 years
I filled my I130 form in the California office on 11th September 2019 and i received an email in march saying ‘As of March 24, 2021, we are actively reviewing your Form I-130, Petition for Alien Relative, Receipt Number IOE0907413060’ i wanted to know how long will it take as i have been waiting for 2 years and have seen other people have filled in 2020 and had information and I have not
Mr. Lee answers:
You are unfortunately caught in a situation that many are experiencing at this time of the inconsistency of USCIS. We have seen many I-130 petition cases which were adjudicated subsequent to your filing in September 2019, and yet have some filed long ago that have not been reached. The processing times put out by USCIS have almost become a running joke as they have little relation to reality. Getting a message that USCIS is actively reviewing the case is encouraging, but there are many of these past messages in which the case was not adjudicated for a year or more.
2. Will a new marriage affect my naturalization application?
I have a green card, currently I’m overseas, about to get married to a non US citizen, just got the news my naturalization interview is in on month so I have to go back to US and get it, Would me getting married now could affect my interview, should I postpone my marriage till after I get my citizenship?
Mr. Lee answers:
Under normal circumstances, a new marriage while a naturalization application is pending has no effect upon the adjudication. The applicant would make the immigration officer aware of the new marriage at the time of the interview and give in a copy of the new marriage certificate.
3. Petition I-140, E11 visa
I am an international student and want to apply for E11(i-140 petition) visa along with i-485 form. The questions are: -Which status I would have if I applied but my F1 visa finished? – Can I include my husband to the petition? – If the petition will not be approved and my student F1 visa is ended what I should do?
Mr. Lee answers:
In your situation, you would be in a quasi-legal status in which you are allowed to stay during the time that the I-485 application is pending. You can also include your husband by having him fill out a separate I-485 adjustment of status application. If the petition will not be approved and your F-1 status is already expired, you would not have legal status anymore unless you appealed the petition denial and that was approved. You could conceivably be in the US unlawfully for a long period after that inasmuch as the Biden administration is not targeting most status violators for removal proceedings. At such point, you may wish to consult with an immigration lawyer for any further options.
4. Will the gap between F2 and H4 status affect my I-485 application?
My F2 status expired in May 2020, and I submitted H4 application together with spouse’s H1b in April 2020, but H4 were not approved until Sep 2020. Will the gap between May and Sep affect my 485 application? what material do I need to submit to show that I have maintained my nonimmigrant status all the time?
Mr. Lee answers:
It is difficult for me to envision that you would have a problem with status given the fact that you submitted your application on time even if H-4 application was not approved for several months thereafter. A copy of the receipt of filing or approval would show the date that your application was received by USCIS, and that should be sufficient evidence to a USCIS officer that you have been maintaining legal status.
5. Should I send my passport to USCIS when filing for TN visa extension with 1-129?
Or should I just send copies of the passport with all the documentation? Do they send me back a visa – sticker to place in the passport, or how do actually receive the visa in the passport if passport stays with me?
Mr. Lee answers,
When filing for a TN visa extension with USCIS, only a copy of the passport is required. Please note that USCIS does not do anything with the passport and only issues an I-797 notice of approval if it decides to favorably adjudicate the TN extension request. If you travel outside the US, you will still have to pass inspection with Customs and Border Protection when you reenter the US in which the officer will take a look anew at the merits of your request for TN extension.
6. Can H-1B in-person first interview at the US embassy in the home country be waived off? New USCIS news came up in December 2021?
I am from India. I was never refused any visa till now. I have an i797A receipt of H1B. This is my first H1B so, technically, an interview is required for the first stamping. But, a new USCIS circular has come up saying that the first stamping folk on H1B can do a dropbox instead of an in-person interview. Is this true? I am not from a visa-exempt country. I am from India. This is my first work visa H1B approved last year in 2021.
Mr. Lee answers,
The Department of State has expanded the lock box program to allow discretionary waivers for even first-time applicants who have had a petition approved by USCIS, who are applying for a visa in their country of nationality or residence, who were previously issued any type of visa, and have never been refused a visa unless the visa refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility. Please note, however, that the waiver of in person interview is discretionary and that the consular post may still request an interview. Otherwise, good luck.
7. Can an illegal immigrant be eligible for H-1B or other immigration or work visa?
Can an illegal immigrant entering the US and getting Parole and work visa under parole can be eligible for H1B or other immigration or work visa?
Mr. Lee answers:
Persons who have been illegally in the US must generally leave the country in order to obtain H-1B or other nonimmigrant work visas. Obtaining parole and a work visa under the parole does not wash away the illegality to allow such individuals to change status in the US for nonimmigrant visas. In deciding whether to try for a nonimmigrant visa, the potential applicant should also consider how long he or she was not legally here before obtaining the parole and work authorization. Unlawful presence in the country for 180 days or one year brings about bars from returning of three and 10 years respectively.