|
COMMON IMMIGRATION MISCONCEPTIONS (Part
1)
by Michael J. Gurfinkel, Esq.
Many people have misconceptions or misunderstandings
about immigration law, based on information from friends, relatives,
consultants, or other "advisers." These advisers often
rely, too, on rumors and hearsay, and might not even be aware
of the ever-changing immigration laws.
As a result, some people do not apply for
immigration benefits to which they may be entitled, and delay
their legalization process. Other people apply for benefits to
which they are not entitled, and wait for immigration benefits
that will never come. They waste time, money, and effort for nothing.
I hope this column will clarify some of the more
common misconceptions, so that people will no longer commit mistakes
that may jeopardize or delay their entitlement to certain immigration
benefits.
Here are some of the more common misconceptions:
1. Only U.S. Citizens can petition family
members.-- FALSE!
Green card holders can also petition certain family
members, such as their spouse, and unmarried children,
both minor (below 21) or adult (over 21).
2. It is faster for U.S. Citizen parents from
the Philippines to petition adult single children than it is for
green card holder parents ² FALSE!
It takes longer for single adult (over 21)
children of American citizens to obtain green cards than
the single adult children of green card holders, for people
born in the Philippines. Therefore, if you are a green
card parent and have a single adult child under petition, it would
be best to call your attorney to check the current priority dates
in these categories before you become a citizen.
3. The only way to get a green card is through
a family petition.-- FALSE!
Employers can also petition people for green cards
through the process called Labor Certification. This green card
takes approximately 3 ý years to process (compared to 5 to 20
years for most family petitions). Also, the spouse and minor children
of the sponsored employee can get green cards at the same time.
So, it's a green card for the entire family!
4. The U.S. Embassy and INS evaluate
a person's age and marital status only at the time the petition
is filed, but not at the time the person is interviewed for their
visa.-- FALSE!
A person's status at the time of their visa (or
adjustment) interview is critical in connection with his eligibility
for a visa, and is definitely taken into consideration by the
INS and Embassy:
(a) If a person was single at the time the
petition was filed, but got married before the interview,
that person is considered married and will be processed
as married.
-- If they were petitioned by an immigrant
parent, the petition becomes void, because only U.S. citizens
can petition married children.
-- If a person was petitioned by their U.S. citizen
parent, the person's petition is automatically reclassified from
unmarried (F-1) to the category of married children (F-3), where
they keep the same priority date, but there is a little longer
wait for a green card. However, the newly-acquired spouse could
then be included for a visa under that same petition.
If a person was a minor child (under 21)
at the time the petition was filed, but turned 21 years old before
the INS or Consular interview, he is considered an adult,
and will be processed, and be subject to the priority dates for
adults, which would mean a much longer waiting time.
If the petitioner was alive at the time the
petition was filed, but died before the interview, the
petition may no longer be valid, because the petition dies with
the petitioner. (Some exceptions to this rule may apply, however.)
5. It is legal to work in the U.S.
on a visitor's visa.-- FALSE!
Visitor's visas are issued to allow people to visit
the U.S. for a limited time, for brief business purposes or vacation.
Visitor's visas do not authorize employment in the U.S.
In order to work, a person needs a working visa, called
an H-1B visa or some other type of work authorization. H-1B working
visas are for college graduates who will work in a job related
to their college degree. This visa takes approximately 3 to 4
months to process, and is valid for 3 years, with a 3-year extension,
for a total of 6 years. The employee's spouse and minor children
can also get visas to accompany the worker to the U.S., called
H-4 visas.
Back
to Main
|
