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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7438
Experience:  Experienced in all aspects of immigration and nationality law.
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Green Card

Customer Question

My real sister is a US citizen and I want to sponsor my green card application through her. I am an IT professional and keep travelling to US for project related work. I am currently on an L1B visa ( non immigrant visa) . My spouse and child are currently in India.


 


Here are my questions


 


1. Will the application be filed as ' while in the US' or 'while outside the US'? Not sure where will I be if my application status turns 'current'


 


2.Can the beneficiary and the petitioner have the same residential address in USA?


 


3. When do we file I - 485?


 


4. Will applying for a permanent residency status imply that we will not be granted non immigrant visas for the time till our petition gets approved? I dont want to have problems getting future H1Bs or L1Bs due to this


 


5. Question 22 from the I - 130 form. Our problem is we are not sure where will we be wen our priority date comes? Hope you have the I-130 form


 


6. Can we efile?


 


7.If we cannot efile where do we need to mail our papers?


 


8. What all supporting documents are required of the Us citizen and that of the beneficiary? Kindly list all separately.


 


9. Will the new immigration law affect me if I apply for the green card thru this category?


 


10. Question about L1B My L1 visa expired in March 2013 and my company filed for an extension. I got my new petition and I94 extended for 2 years. Now , If I travel back to India , am I eligible to get new L1B visa based on the new petition?

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, and thank you for your question!

Please note that I earn my living by helping customers like you. So once you've received your answers, I ask that you give me a positive rating for my customer service in order that I get credit for my work today. Please remember that this rating is not based on a good outcome or the state of the law, which I cannot control. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

 

QUESTION 1: Will the application be filed as ' while in the US' or 'while outside the US'? Not sure where will I be if my application status turns 'current'

ANSWER: You should assume that you will not be in the US at the time the priority date comes current, since you do not know what will happen in 12 years when you become eligible for the green card. Therefore, you should indicate that you will be doing consular processing, i.e., outside the US.

 

QUESTION 2: Can the beneficiary and the petitioner have the same residential address in USA?

ANSWER: Sure. That is not a problem.

 

QUESTION 3: When do we file I - 485?

ANSWER: I-485 is filed only if you are lawfully in the US at the time your priority date comes current. So when your priority date comes current, which as I indicated is about 12 years from the date the I-130 is received by the USCIS, you are eligible to file form I-485.


QUESTION 4: Will applying for a permanent residency status imply that we will not be granted non immigrant visas for the time till our petition gets approved? I dont want to have problems getting future H1Bs or L1Bs due to this?
ANSWER: It depends on the type of non-immigrant status. The H1B and the L1B are dual intent statuses, meaning you can have both non-immigrant and immigrant intent while requesting these statuses. Additionally, because the wait time for the priority date to come current is so far into the future, you and your family may still be eligible to travel to the US in other non=immigrant statuses in the interim; however it might make it a little more difficult, since you will have to continue to show that you have stronger ties to your home country than you do the US, thus overcoming the presumption of immigrant intent at the time of your temporary travels to the US. This, of course, does not apply to H1 and L1, as they carry dual intent.

 

QUESTION 5: Question 22 from the I-130 form. Our problem is we are not sure where will we be when our priority date comes? Hope you have the I-130 form.

ANSWER: That is why I suggested you put the information as if you will be abroad. You simply don't know whether you will be eligible for adjustment of status at the time. You can always update this information at a later date.

 

QUESTION 6: Can we efile?

ANSWER: No. There is no e-file option for the I-130. Furthermore, you are not filing for the benefit; the I-130 belongs to your sister, not you.

 

QUESTION 7: If we cannot efile where do we need to mail our papers?

ANSWER: Your sister files the I-130 petition either at the Chicago or Phoenix Lockbox, depending on where she lives. Find that information here: Direct Filing Addresses

 

QUESTION 8: What all supporting documents are required of the US citizen and that of the beneficiary? Kindly list all separately.

ANSWER:

 

Petitioner:

- I-130

- G-325A
- Proof of US citizenship
- Birth certificate with common parents included
- Copy of passport
- filing fee of $420

Beneficiary:
- G-325A
- Copy of passport
- 2 Passport photos
- Birth certificate with common parents included

 

QUESTION 9: Will the new immigration law affect me if I apply for the green card thru this category?

ANSWER: There is no new immigration law as of yet, so there is no way to know at this time.

 

QUESTION 10: My L1 visa expired in March 2013 and my company filed for an extension. I got my new petition and I94 extended for 2 years. Now , If I travel back to India , am I eligible to get new L1B visa based on the new petition?

ANSWER: Yes, but having an extension of L1B status while in the US does not automatically mean you will be approved for a new L1B visa at the US consulate. It certainly helps, but the decision to issue a new visa is separate and distinct from decision to extend your stats while in the US.

 

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: AskCustomer/a>

Thank you!

Customer: replied 1 year ago.

Hi


Just a few clarifications required.


 


1.Question 4 answer is not clear...will we face issues while getting all categories of non immigrant visas stamped or is it only specific to some single intent Non Immigrant visas such as B1, B2. and with visas having dual intent such as H1B and L2 will have no issues in stamping?What visas are not of dual intent?


 


2.For the list of documents to be attached..This is what I found on some immigration sites


 


a.Do I have to attach FC-029 stating all the copies submitted to the USCIS are true.


b.Also shall I submit G-1145 , The e- notification form with the application.



3.R there any specifications for the passport size photographs of the beneficiary?


4.Do we also need to submit the new approved I 797 and I 94 to the USCIS as my passport has an expired visa on it? One last thing my son is 4 yrs old..till what age will he be able to get the green card through me...is it 18 or 21.


http://www.uscis.gov/files/form/i-130instr.pdf - Pls check this link for the documents to be submitted to the uscis with the application.

Not sure which one is more updated yours or the USCIS.


Thanks
Customer: replied 1 year ago.

Hi


We understand the 12 year periord. Its mainly for our son who is 4 years now.


 


1. Question 4 answer is not clear.


 


a. Will we face issues while getting stamped for all categories of non immigrant visas stamped or is it only specific to some single intent Non Immigrant visas such as B1, B2.


 


b. Will we face issues in getting stamped for dual intent visas such as H1B and L2 ?


 


c. What visas are not of dual intent


 


Overall - My employer always applied for H1/L1 visas for me and its really important for my profression . In that case , do you recommend we apply for this green card?


 


 


2. For the list of documents to be attached..This is what I found on some immigration sites


 


a. Submit FC-029 stating all the copies submitted to the USCIS are true.


 


b.Submit G-1145 , The e- notification form with the application.



c. Are there any specifications for the passport size photographs of the beneficiary?


d.Does my sister need to submit the new approved I 797 and I 94 to the USCIS as my passport has an expired L1B visa on it?


e. http://www.uscis.gov/files/form/i-130instr.pdf - Pls check this link for the documents to be submitted to the uscis with the application.

Not sure which one is more updated yours or the USCIS.

3. My son is 4 yrs old..till what age will he be able to get the green card through me...is it 18 or 21.


4. About Question 10 : Are you saying I have to go thru the whole L1b stamping process from scratch and I do not have any advantage due to new I797? Immigration people at my company say that I just need to get out of USA to get it re-stamped.


Thanks.
Expert:  Expert James replied 1 year ago.

Thanks for the additional information. I'm sorry for the delay - I'll always do my best to respond as quickly as possible, but our system is running remarkably slowly today. My apologies for any inconvenience this may cause.


QUESTION: Will we face issues while getting all categories of non immigrant visas stamped or is it only specific to some single intent Non Immigrant visas such as B1, B2. and with visas having dual intent such as H1B and L2 will have no issues in stamping?What visas are not of dual intent?

ANSWER: When you have an I-130 on file, you are telling the USCIS and the Department of State that you have eventual immigrant intent. That means when you seek a non-immigrant visa, such as an F-1 or B1/B2 visitor visa, you will face a more difficult time getting approval of the non-immigrant visa because they require non-immigrant intent. Now in cases where the eligibility for the green card is years away, you still can qualify for the non-immigrant intent visa, however it will be difficult to get these types of visas, since your I-130 makes you a high risk for overstaying your non-immigrant status. So it is possible to get a non-immigrant, non-dual intent visa, but it is more difficult than if you do not have a I-130 on file.

 

The vast majority of non-immigrant visas are not dual intent visas. It is easier to tell you which one are dual intent. The only dual intent visas are E, H1, L, O, P (and their dependent visas).


QUESTION: For the list of documents to be attached..This is what I found on some immigration sites

 

a.Do I have to attach FC-029 stating all the copies submitted to the USCIS are true.
ANSWER: This is not required. This is an old form used by the old INS, not the USCIS.

b.Also shall I submit G-1145 , The e- notification form with the application.

ANSWER: If you want to. This is not a requirement.

QUESTION: R there any specifications for the passport size photographs of the beneficiary?
ANSWER: http://travel.state.gov/visa/visaphotoreq/visaphotoreq_5334.html

QUESTION: Do we also need to submit the new approved I 797 and I 94 to the USCIS as my passport has an expired visa on it?
ANSWER: No. You are not eligible to adjust your status right now, so this is not of any use. For the I-130, you only are required to submit biographical information and information showing proof of the relationship with your sister.

QUESTION: One last thing my son is 4 yrs old..till what age will he be able to get the green card through me...is it 18 or 21.
ANSWER: 21

QUESTION: http://www.uscis.gov/files/form/i-130instr.pdf - Pls check this link for the documents to be submitted to the uscis with the application. Not sure which one is more updated yours or the USCIS.
ANSWER: I don't understand the issue here. The I-130 requires a showing of your relationship and the showing that the petitioner is eligible to file this petition (US citizenship or permanent residence).

The other things I've included are biographical and necessary. Follow the instructions I've provided you.

I hope I have answered your questions. Please reserve your rating for the very end of our conversation. If at that time you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for pros who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert:  Expert James replied 1 year ago.
Hi there,

Due to delays in the system, I did not see your updated questions.

QUESTION: About Question 10 : Are you saying I have to go thru the whole L1b stamping process from scratch and I do not have any advantage due to new I797? Immigration people at my company say that I just need to get out of USA to get it re-stamped.
ANSWER: Yes, you must go through the whole process again. Having the I-797 will be helpful, but does not guarantee your L1 visa approval. The I-797 is only for extension of status while IN THE US. The visa application for a new L1 visa is a completely different process. You will be required to provide the L1 petition filed by your petitioner. And again, it is to your advantage to submit a copy of the I-797 Approval Notice as well. I am not saying that you will not be approved, but I am saying that having an approval for the L1 STATUS extension is not the same thing, nor does it guarantee that the L1 VISA will be approved. In practice, I do not think this will be an issue. But I want to give you all of the information about what COULD happen.

I hope I have answered your questions. Please reserve your rating for the very end of our conversation. If at that time you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for pros who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 1 year ago.

Hi


 


Thanks for your answers


Your answer to Question 4 is making me a little confused. To start with , I know that H1B too is an non-immigrant visa. Please note that H1 & L1 are very important for my career/profession.


 


a. Do you think that I can still apply for this green card and my H1/L1 application will not get affected due to this. In other words - would you recommend me applying for the green card?


 


b. Is there a way you can get a 2nd opinion on this ?


 


Thanks


Anshuman

Expert:  Expert James replied 1 year ago.
Anshuman,

QUESTION: Your answer to Question 4 is making me a little confused. To start with , I know that H1B too is an non-immigrant visa. Please note that H1 & L1 are very important for my career/profession.

ANSWER: I'm nt sure what the confusion is. As I mentioned previously, these are "dual-intent" visa statuses, which means you can have immigrant or non=-immigrant intent, and it is fine. That is not the same for the B1, F1, or any of the other visas statuses I mentioned previously.

QUESTION: Do you think that I can still apply for this green card and my H1/L1 application will not get affected due to this. In other words - would you recommend me applying for the green card?

ANSWER: I am not permitted to recommend anything to you. I am not your attorney. I am only allowed to give you information about the situation you have described. You are permitted to have an H1B or L1 status, while also having an immigrant petition pending. Remember, as I have mentioned several times already, you are not eligible to apply for a green card at this time, since the wait time is 12 years before a sibling of a US citizen is eligible to apply for the green card itself. So at this point, the question of whether you can apply for a green card is irrelevant right now. But again, there is no harm in having your sibling file an immigrant petition on your behalf, with respect to the H1B/L1 visa status.


QUESTION: Is there a way you can get a 2nd opinion on this?

ANSWER: I'll see what I can do. I'll ask another attorney Expert to review this question, and if they agree with my answer, there will be a notification that another expert agrees with my assessment. I'll let you know when that happens.

 

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!

Expert:  Expert James replied 1 year ago.
Anshuman,

If you look at the bottom of my last answer, you will notice that another Expert has agreed with my answers, as a second opinion.

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