At Kraft & Associates, we receive many questions from individuals and employers regarding immigration laws and procedures. Here are some of the most recent questions we’ve received, and our answers. Please remember that every situation is different, and an answer here might not apply to your particular circumstances.
Q: On my EAD card, it says that there are no employment restrictions. Does this mean that I can be self employed? I am married to a US citizen and am now waiting for my conditional residency interview.
A: If you are a green card holder, then you are able to engage in self-employment and that is why your EAD card states that there are no restrictions on your employment.
Q: My wife and her three children came to the states from England on my wife’s student visa in 2003. We have now been married for two years (as of last November). We have an 18 month old son together. What forms do we need to do so that my wife can get her green card?
A: Based on the information you provided, it sounds like you and your wife are eligible to use the DORA program which would allow her and her children to become permanent residents of the United States. This program is designed to have a decision reached in a case within 90 days of an interview. In many cases, it helps to have a lawyer prepare the documents, as they are quite a few and all documentation must be fully complete before you and your wife would be accepted into the DORA program.
Q: Would you recommend filing for a spouse visa or a fiancé visa if our goals are to get the non-US citizen into the country as soon as possible with work authorization?
A: There a several factors that determine whether a K-1 fiancé visa or a spouse visa is the best option for a person. Your country of citizenship, previous immigration history and the embassy where you would process are all factors to consider. It is very difficult to answer your questions without first knowing many more details.
Q: I have a sister in law who is about to finish what is considered High School here in America. Well what we want to know is if there is a ways she can come to the United states to further her education. She has a tourist visa so she can come in legally to the country, she is from Mexico. And if that is possible what can we do to make it possible.
A: Your sister should apply to universities and colleges in the U.S. Once she is accepted, the school itself will help your sister obtain her F-1/Student Visa.
Q: I would like to know what I need to do to become a U.S. citizen. I currently have a resident alien card that expires on 08/04/07. I have resided in the U.S.A. since 09/29/87.
A: If you have had your green card for five years (or three years if married to a U.S. citizen) you will be eligible to apply for your citizenship. Several other factors such as your immigration history and criminal history (if any) are relevant in determining if you can apply for citizenship.
Q: My husband immigration green card will expired in 4/06/07. I just caught it. Do I have to pay again to renew it? This is his second card the first one he lost and that one never expired.
A: Your husband will need to renew his green card and there is a fee associated with this. Depending on how long your husband has had his green card, he may be eligible for U.S. Citizenship.
Q: I am a citizen of the UK on a visa waiver here in the USA. I have overstayed and now ready to leave to return to the UK. Please tell me if the Immigration at the Airport would deny my departure.
A: You should not have any problems trying to leave the United States. However, because of your overstay, you will be barred from re-entering the U.S. using the visa waiver program.
Q: My husband was traveling from Texas to Tennessee and immigration stopped the busl in which his was traveling and they took him to jail because he doesn’t have papers. Is there anything I can do for him?
A: If you are a citizen, you can file a petition so that your husband can obtain a green card. If your husband has been placed in removal proceedings he will have to apply for this before an immigration judge. Additionally, his ability to obtain permanent residency depends on his previous immigration history and his criminal history, if any.
Q: How long must my boyfriend and I be married before he becomes a citizen? how long before he can come and go from Mexico legally after we are married?
A: As soon as you are married you may file a petition for your husband. Additionally, if you are living in Texas, you will need to use the DORA program. The goal of this program is to have a green card issued within 90 days of the interview.
Q: I am a British citizen. How many times can a British citizen enter the US on a B2 Visa?
A: There is no set limit on how many times a person can enter the U.S. on a tourist visa. The most important thing is to either leave the U.S. before the visa expires, or renew the visa before it expires.