We have realized over time that many of the questions asked on our radio shows are unique and samples of such questions and answers can be helpful to the community. As such we are trying to compile as many helpful questions and post them in texts for the benefit of our readers. This is not the full transcript of all the radio shows but only a selection which is being updated on a weekly basis. For more information, feel free to call 510.742.5887.
Radio Show Selected Questions (Part 1)
1) How long you have to wait to get citizenship, if you got a misdemeanor, but not on probation?
-Depends on what kind of misdemeanor, are you on probation, if it’s a charge of moral character you have to wait 5 years then you can apply for citizenship. D not file own your own in this case, you want a lawyer to assess your case before you file with such complications.
2) I have a nephew in India; he wants to come on visitor visa he is 20 years old, will visitor visa work?
-Yeas he can try, but we have a better resource called Immigrationease.com, it can guide you to help in the process it’s done online. He can apply for visitor visa but the chances are 50/50.
3) Question about my Advance Parole , Can I use it to go to a Cruz in Mexico, i m on EB3?
-You have an Adjustment of status and Advance Parole; you’re not out of status right, as long as you don’t have any criminal background or overstayed you are fine go ahead and enjoy yourself.
4) I am a US citizen and want to file for my sister who is in India, Eventually my sister will get a GC but she has a daughter who is 10 years old right now, but I hear it takes 10-11 years of brothers and sisters of US citizens, so if the daughters comes out to be 21 by then will she be able to accompany her or no?
– Yes and No, let me tell you how that works, there is something called child status protection act, you need to File the I-130 now which will talk 1/1.5 year to get approved, so lets say it takes 11 years and the daughters turns 22, so you will minus the 1/1.5 year from that so the daughter would still be 20 according to the law, so she will still get it, unless she gets married or something. Sometimes it might take more than 11 years but you just have to take your chance and apply now.
5) I have a question regarding family petition, I am a US Citizen planning to petition for my parents, I was wondering what is the time frame?
– There are two ways, let’s say if your parents are visiting or traveling they can file for AOS and will get there GC in 5 months, otherwise if they are in India or wherever it takes around 8 months to get there GC not that long. So you can go ahead and file it and if you need our help just call us we will be glad to help, you need a lawyer but sometimes the paperwork can be tricky, our turnaround time is 6 months. I would advise you to be very careful regarding the AOS because there is an element of Fraud and you don’t want to get into that.
6) I am on my EAD, with my employer based GC petition, its expiring mid of April 2013, I want to apply for the renewal and once I apply for renewal can I travel to India, also will they ask for the fingerprinting again for the Renewal?
– Yeas as long as your EAD is not expired you are fine. Yeas you have to give fingerprinting again.
7) I have a question on H1B extension, my current H1b expire Dec 28, but still my H1b extension is under progress, if my H1b not approved by Dec 28 then what is my status, by Dec 28 my 6 years would be completed, I have an I-140 approved.
– You can continue on your current H1b, if you are worried ask your company to file Premium you will get your answer in 15 days, but technically your still in status, extension should not have any problem, but if it does call me right away and We can refile it.
8) I applied for my Citizenship in LA and now I want to withdraw the citizenship can I do that?
– Yeah you can but is there any specific reason why you want to back out
-My husband is in Indian and I want to go Back
-I would not recommend withdrawing the case, because if you stay in India for too long you will lose your GC as well.
Will it hurt if I wants to reapply for citizenship in future?
-No , unless there is some problem with the case it should not.
9) My brother is on H1b and I am a USC what is the best way for me to file for him to get a GC?
-there is not a best way for you, tell him to file for GC through his company, but you can go ahead and file I-130 from your side which will take 10-12 years also make the company file for him, the company will probably will be faster.