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COMMON IMMIGRATION MISCONCEPTIONS (Part 2)
by Michael J. Gurfinkel, Esq.
In a 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. Other people 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. - 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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