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COMMON IMMIGRATION MISCONCEPTIONS (PART2)
by Michael J. Gurfinkel, Esq.
In my previous column, I discussed some of the more
common misconceptions or misunderstandings about immigration law.
These misconceptions are often based on information from friends,
relatives, consultants, or other "advisers." These advisers
often rely, too, on rumors and hearsay, and are not even aware
of the ever-changing immigration law.
As a result, some people do not apply for
immigration benefits to which they may be entitled, and delay
their legalization process. Some apply for benefits to which they
are not entitled, and wait for immigration benefits that
would never come. They waste time, money, and effort for nothing.
Here are some more common misconceptions:
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.
6. Secret marriages will never be discovered
by the U.S. Embassy or INS.-- FALSE!
There is no such thing as a "secret marriage".
If you were married by a priest, local official, etc., and it
was filed with the government, it is a public document,
and is not, by definition, "secret". If you went through
a ceremony, you are probably legally married, even if you think
it was "secret." Many people, who were single when their
parents petitioned them, got married while waiting for their visas,
and tried to hide the marriage, because the marriage may either
disqualify them for a visa (if their parent is an immigrant),
or make them wait much longer (if their parent is a citizen).
The Embassy is now very wise to people hiding their marital status,
and routinely checks official government records, to see if there
really is a marriage contract on file. In addition, paying someone
to have the marriage contract "pulled" won't help, because
there are several places and ways marriages are recorded.
7. If a person knows someone in the INS or
the U.S. Embassy, that insider can pull his petition and put it
ahead of other applications. ² FALSE!
The INS and the U.S. Embassy are highly efficient
and professional agencies. Visa applications are processed in
the order the petitions were originally filed with INS. (The date
a person's petition was filed with INS, or a Labor Certification
was filed with the State employment agency, is a person's "priority
date", or place in line for a visa.) Priority dates are
released every month by the State Department, showing the filing
dates that petitions or Labor Certifications would currently be
processed. So, you cannot "go out of turn," but must
wait for your priority date to be "current."
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