With their combined 50 years of experience, Boris Palant and Irina Lust have always strived to secure the best and most effective route to assist you and your relatives with the immigration process to the US. Our fair and honest assessment will help evaluate your chances of becoming a permanent resident (green card holder), secure protection from deportation or obtaining a visa.
FAQ's
I have a question regarding applying for unemployment benefits. Because of the pandemic, I can't work now, and my interview for the 2nd green card is supposed to be next spring. Is applying for unemployment now going to influence my applying for citizenship in the future? As far as I read on the USCIS site, applying for unemployment is an "earned benefit" (Chapter 10 Public benefits). Is it safe for me to apply for unemployment?
Unemployment benefits are in fact the proceeds of your unemployment insurance policy. The unemployment insurance fund is accumulated by the employer’s contribution into that fund. In case you work for yourself you are in essence your own employer and so you must pay unemployment insurance premiums for yourself as an employee. The unemployment insurance program is a joint federal/state program administered by the Department of Labor. To be eligible for regular benefits, you must have worked the required number of hours in your area within the last year. This number is usually 420-700 hours, but it depends on the unemployment rate in your area.
Regarding the immigration-related aspect of your question, receiving unemployment benefits will not jeopardize your ability to naturalize.
I am going to marry a U.S. citizen but he is not divorced yet. My student status ends shortly. Does it make sense to extend my student status or is it better to do nothing and wait until we get married?
It depends on how soon your friend will be divorced. If his divorce is complicated and protracted, you do not want to be out of status. In such case, it makes sense to extend the your student status.
I am married to an American citizen. I was denied a green card before the interview, ostensibly because we did not send all the documents that the USCIS demanded in the letter. Do I still have a chance to get a green card? Can I appeal the denial decision?
There is no sense to appeal. You can submit a new package of documents and this time with the assistance of an attorney. I advise you to do this as quickly as possible as nothing prevents USCIS from starting deportation process against you if you are out of status.
My fiancée lives in Philippines and I cannot afford to travel that far as I don’t have enough money due to my job being reduced to part-time. Can I waive a meeting in person requirement based on my current job and financial situation?
Generally, financial hardship alone is not sufficient to waive meeting in person requirement. Financial constraints are a common concern for most people and not enough to establish extreme hardship.
I am planning on marrying a US citizen; however, his divorce has not yet been finalised. My student status expires soon. What would be the best option to retain my legal status; extend my student status or wait until we are married and then apply for adjustment of status?
All depends on when your friend will be able to finalize his divorce. In case of a complicated divorce, since you don’t want to be in the country illegally, you probably should extend your student status.
Although my brother is a university professor, his tourist visa application was declined. Visa officer even didn’t want to look at the documents he brought to the interview. What is the reason for such an attitude?
I have no idea. In every case, visa officers have full right to approve or decline a visa. Their decision is final and there is no appeal. Your brother should re-apply in a few months.
I was granted asylum 8 years ago. However, I have not yet applied for a green card. Is it too late to file an application for green card?
You are entitled to apply for a green card, there are no penalties for not doing it earlier. Hope you have not collected any criminal records in meanwhile.
I am married to a US citizen. Our petition was declined prior to the interview as we did not provide all documents requested by USCIS. Do I have a chance to obtain a green card? Does it make sense to appeal?
No, it does not make sense to appeal. You may submit a new petition with a complete set of documents and I would advise you to do so with a lawyer’s assistance. Yes, you will have to pay again, but we all know “penny wise – pound foolish”. My advice is to apply sooner rather than later as you have lost your legal status and there is nothing to prevent immigration services from commencing removal proceedings against you. In case of the latter things will become very expensive.
Can I transfer from J-1 to H-1 visa while in the US? I have found an employer willing to offer me a job.
First of all, you need to clarify if you are subject to a two-year rule. Second, you need to understand that we are talking about a change of status, not a visa. Only US Consulates, located abroad, issue visas. Thirdly, are you well versed with the requirements with H-1 visa and whether your potential employer can submit a petition to hire you? I strongly suggest you consult a lawyer.
I have a question regarding applying for unemployment benefits. Because of the pandemic, I can't work now, and my interview for the 2nd green card is supposed to be next spring. Is applying for unemployment now going to influence my applying for citizenship in the future? As far as I read on the USCIS site, applying for unemployment is an "earned benefit" (Chapter 10 Public benefits). Is it safe for me to apply for unemployment?
Unemployment benefits are in fact the proceeds of your unemployment insurance policy. The unemployment insurance fund is accumulated by the employer’s contribution into that fund. In case you work for yourself you are in essence your own employer and so you must pay unemployment insurance premiums for yourself as an employee. The unemployment insurance program is a joint federal/state program administered by the Department of Labor. To be eligible for regular benefits, you must have worked the required number of hours in your area within the last year. This number is usually 420-700 hours, but it depends on the unemployment rate in your area.
Regarding the immigration-related aspect of your question, receiving unemployment benefits will not jeopardize your ability to naturalize.
I am going to marry a U.S. citizen but he is not divorced yet. My student status ends shortly. Does it make sense to extend my student status or is it better to do nothing and wait until we get married?
It depends on how soon your friend will be divorced. If his divorce is complicated and protracted, you do not want to be out of status. In such case, it makes sense to extend the your student status.
I am married to an American citizen. I was denied a green card before the interview, ostensibly because we did not send all the documents that the USCIS demanded in the letter. Do I still have a chance to get a green card? Can I appeal the denial decision?
There is no sense to appeal. You can submit a new package of documents and this time with the assistance of an attorney. I advise you to do this as quickly as possible as nothing prevents USCIS from starting deportation process against you if you are out of status.
My fiancée lives in Philippines and I cannot afford to travel that far as I don’t have enough money due to my job being reduced to part-time. Can I waive a meeting in person requirement based on my current job and financial situation?
Generally, financial hardship alone is not sufficient to waive meeting in person requirement. Financial constraints are a common concern for most people and not enough to establish extreme hardship.
I am planning on marrying a US citizen; however, his divorce has not yet been finalised. My student status expires soon. What would be the best option to retain my legal status; extend my student status or wait until we are married and then apply for adjustment of status?
All depends on when your friend will be able to finalize his divorce. In case of a complicated divorce, since you don’t want to be in the country illegally, you probably should extend your student status.
Although my brother is a university professor, his tourist visa application was declined. Visa officer even didn’t want to look at the documents he brought to the interview. What is the reason for such an attitude?
I have no idea. In every case, visa officers have full right to approve or decline a visa. Their decision is final and there is no appeal. Your brother should re-apply in a few months.
I was granted asylum 8 years ago. However, I have not yet applied for a green card. Is it too late to file an application for green card?
You are entitled to apply for a green card, there are no penalties for not doing it earlier. Hope you have not collected any criminal records in meanwhile.
I am married to a US citizen. Our petition was declined prior to the interview as we did not provide all documents requested by USCIS. Do I have a chance to obtain a green card? Does it make sense to appeal?
No, it does not make sense to appeal. You may submit a new petition with a complete set of documents and I would advise you to do so with a lawyer’s assistance. Yes, you will have to pay again, but we all know “penny wise – pound foolish”. My advice is to apply sooner rather than later as you have lost your legal status and there is nothing to prevent immigration services from commencing removal proceedings against you. In case of the latter things will become very expensive.
Can I transfer from J-1 to H-1 visa while in the US? I have found an employer willing to offer me a job.
First of all, you need to clarify if you are subject to a two-year rule. Second, you need to understand that we are talking about a change of status, not a visa. Only US Consulates, located abroad, issue visas. Thirdly, are you well versed with the requirements with H-1 visa and whether your potential employer can submit a petition to hire you? I strongly suggest you consult a lawyer.
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WhatsApp: +1 (203) 451-3240