Answers
Can an arriving alien apply for adjustment of status while in removal proceedings?
Yes, the arriving alien can adjust status or get a green card through spouse or a parent and request that removal proceedings be terminated. Adjustment of status (green card application) is one of the defenses from removal. To determine if a person is the arriving alien one of the options is to check a Notice to Appear, Form I-862, that the Department of Homeland Security issued to this person.
How Can an Asylum Applicant Request to Schedule His Asylum Interview Sooner/Expedite the Scheduling of Asylum Interview?
An asylum applicant must file a detailed request with the asylum office that has his asylum application. Whether the case will be expedited or not depends on reasons of the request, detailed statement, and supporting evidence submitted in support of such request. Some of the reasons the case may be expedited are: (1) the interest of immigration services because the case contains sensitive issues; (2) special government interest in the case; (3) danger to spouse or children in the country of feared persecution; (4) medical conditions of the applicant; (5) the asylum applicant is being placed in witness protection programs; (6) the applicant is providing information of national security concern to other agencies within the Federal Government; (7) applicant’s family member can be harmed because of applicant’s actions; (8) family emergency; (9) urgent humanitarian reasons.
Does a U.S. permanent resident need a visa to travel to Canada?
While you may not need a visa to visit or transit Canada, you still need carry proper travel documents and identification for yourself and any children travelling with you.
When does employer must file amended H-1B petition?
When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding Labor Condition Application (LCA).
Can a student change status during 'grace' period of 30 days (J1 visa) or 60 days (F1 visa)?
Following completion of studies or completion of practical training, students have either 30 days (J1 summer work and travel and other categories) or 60 days (F1 visa holders) to leave the country. This time is not for changing status. Students are permitted to travel in the country during these days.
Does B-1/B-2 need to attend interview when he files for the extension of B-1/B-2?
A person is not required to appear for an interview. Also, this person is not required to mail his passport to get visa in his passport. Once application is filed, immigration services will mail confirmation receipt that will be proof that this person filed application and can remain in the country for additional period.
How long can a green card holder remain outside the USA?
An absence between 6 months and 1 year raises a rebuttable presumption that continuity of residence has been interrupted. An absence of 1 year or more “shall” disrupt the continuity of residence. However, there are exceptions:
– Military service abroad;
– Employees working abroad;
– Legal permanent resident spouse of a United States Citizen working abroad for a US company; or
– Spouse, child or parent of a United States Citizen who died in combat or spouse of person granted United States Citizen posthumously.