Plymouth Immigration Attorney Gregory P. Sheehan answers some general questions here which may be helpful, but you should always consult your Immigration Attorney to avoid disaster.
Q: Attorney Sheehan, what is a visa?
Gregory P. Sheehan, Immigration Attorney -
A visa is the legal tool that lets someone who is not from the United States come to our border and ask for permission to enter, and there are many different types of visas which all have their own rules and limitations.
If you want to study in the United States within a full-time program, for example, and you aren’t from the US, then you need to ask the department of state for a Student Visa.
When you receive your Student Visa you will come to a US port-of-entry and ask US Customs and Border Patrol if you can enter. If you are admitted, then you must uphold the responsibilities of your Student Visa while you are allowed to stay here.
If you come from one of the countries which participate in the Visa Waiver Program, WVP, and you want to visit the United States, you may not need a Visa to come to a United States port-of-entry to be inspected.
Q: Attorney Sheehan, is a green card green?
Gregory P. Sheehan, Immigration Attorney -
No – the original Permanent Resident Alien Cards were green, and conversationally, the term “Green Card” still means Permanent Resident Status.
Q: Attorney Sheehan, how is an immigrant an immigrant?
Gregory P. Sheehan, Immigration Attorney -
There seem to be two definitions of the word, a loose conversational definition and then the formal United States use of the word. Conversationally, many people refer to someone from another country as an Immigrant, whether they are visiting or whether they have lived in the United States for 30 years.
For US purposes, “Immigrant” status recognizes the intent of someone from another country to reside in the United States permanently. At that point it would be most proper to refer to that person as an Immigrant, until the time that they become as US Citizen.
If you’re considering migrating to the United States, meaning that you want to reside in the US permanently, you will need an Immigrant visa – which requires proof that you intend to reside in the US permanently.
Q: Attorney Sheehan, if you have overstayed your visa, and then marry a Green Card holder, can you work and also re-enter the country while your case is pending approval?
Gregory P. Sheehan, Immigration Attorney -
First, if you have entered illegally, then marriage will not help your immigration status. For those who have stayed longer than their lawful permission, marriage to a US Citizen is a common avenue toward Adjustment of Status.
When you apply for Adjustment of Status, you can also apply for work authorization and you can apply to leave the country and return while your application is pending.
This is general information and you should consult professional advice before making such an important decision.
Q: Attorney Sheehan, I am applying for immigration for a relative who is married with a child. Now I know that the I30 application is for that purpose, but do I need to send other documents along with that application?
Gregory P. Sheehan, Immigration Attorney -
Whether you are a US Citizen or a Green Card holder (Permanent Resident Alien), the I-130 Petition is required to get an Immigrant visa for your qualifying US relative.
In general terms, the additional documents require proof of your Citizenship or Permanent Resident Status, and proof of your relationship to the qualifying relative.
In addition, you will be required to submit a passport style photograph of yourself and the intending immigrant, as well as a G-325A form for yourself and each intending immigrant.
Depending on the location of your immigrant relative, you may way to file additional forms as well to save time and money.
You should refer to the instructions offered by USCIS which correspond to the I-130 and which are available on the uscis.gov website under forms. Then follow the instructions based on your specific circumstance, and regard the above as general information.
Q: Attorney Sheehan, if someone overstayed their visa for 7 months, and is engaged to be married is it better for them to leave the US now and file papers from their own country or stay and file in the US?
Gregory P. Sheehan, Immigration Attorney -
In general terms, the immigrant who overstayed should file for Adjustment of Status in the United States. As you know, staying beyond the expiration date of your allowed presence in the United States creates a period of unlawful presence. Section 212(a)(9)(B)(ii) of the Immigration and Nationality Act.
If your spouse were to leave and come back, his/her unlawful presence would be subject to the penalties for overstaying a visa. In this case, because the stay was longer than 180 days, he or she would be subject to a 3 year ban, and then must file a waiver to try to reunite with you. A successful waiver overcomes the 3 year ban.
However, as long as the immigrant entered legally, he or she will be able to marry a United States Citizen and apply for Adjustment of Status. Getting married on its own does not create legal status.
Whether or not the intending immigrant is approved for a Green Card, or Adjustment of Status, depends on several factors but he or she does not have to leave and return to be able to apply.
Like I said, this is the general structure and you should be sure about your own circumstances before you apply. USCIS and the Department of State have great websites for you, and always consult a reputable source when making important decisions like this one.
Q: Attorney Sheehan, I recently got married to an US citizen. I haven’t started my paper work for green card yet. We are really tight with money. I wonder after i got married how i get my work permit. Do i get it when i file in the paper for green card or i can get the work permit before i file in the paper work. I have a social security number from previous coming to the states /on a work visas, i;ve been here twice/. So what do i need to do to get a work permit, since i don;t need social security number?
Gregory P. Sheehan, Immigration Attorney -
Its difficult to answer your question without knowing more specific information, and I can’t give you any legal advice here other than to tell you that many Immigration Attorney’s can show you ways to save time and money in this circumstance.
Your first step should be to review the Instructions for form I-756 to see if you are eligible to apply for work authorization (even if you have already applied for work authorization in the past). That link is provided for you below.
Q: Attorney Sheehan, can a permanent resident alien apply for a Green Card for his or her spouse?
Gregory P. Sheehan, Immigration Attorney -
The relationship between a Permanent Resident and their alien spouse is recognized as a qualifying relationship by USCIS and the Immigration and Nationality Act for purposes of applying for a Green Card. Refer the link below, “Green Card for a family member of a Permanent Resident” straight from the uscis.gov website.
However, this relationship doesn’t immediately qualify the alien for an Immigrant Visa (and Green Card status), it is referred to as Second Preference and the availability of an Immigrant Visa is subject to limitations. For example, a recent statistic that I read estimated that USCIS was processing Second Preference applications from 4 years ago in all countries except Mexico, in which case they are 6 years behind.
Q: Attorney Sheehan, can my brother sponsor me for a Green Card if he doesn’t have a job? He sponsored my parents when he had a job.
Gregory P. Sheehan, Immigration Attorney -
If you are in the United States on a Tourist Visa and you decide that you want to adjust your status to Permanent Resident Alien, then you need a qualifying US relative. Usually that person sponsors you financially, but there are other options. Your brother can be your qualifying relative without sponsoring you financially. Your parents, who have Green Cards, can also be your qualifying US relatives.
You might be able to sponsor yourself financially as well depending on the situation.
