Frequently Asked Questions
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Listed below are answers to common questions, we receive at the Law Offices of Caro Kinsella.
Green Card Case Questions:
When do I need to submit my medical examination if filing for a green card inside the US?
You do not need to submit your medical examination report and vaccination record (also known as form I-693) when you initially submit your adjustment of status/green card/I-485 petition with USCIS.
You can either submit your medical examination if requested to so if you receive a notice of request for further evidence (RFE) from USCIS or when you attend your in-person interview at your local immigration service center with USCIS for your green card interview.
Remember medical examination reports have an expiration date and we advise our clients not to submit their medical examination reports until either requested by USCIS or at their in-person green card interview thus saving time and expense on having to re-do the medical exam.
Am I eligible for a U.S. F-1 Visa?
You may be eligible for F-1 visa if:
- Who can apply for this visa?
- Am I allowed to work under the F-1 visa?
- How long can I stay in the US on my F-1 visa?
- Can my spouse/children join me in US?
- Can I transfer to a different school once inside the U.S.?
- The United States welcomes foreign students to Universities and other institutions of higher education, American language schools, and high schools. It is possible to change schools and universities while being on an F-1 Visa without leaving the country
- You may enter the United States up to 30 days before the designated registration date on the I-20. The students returning to resume studies may enter the U.S. at any time. The holder of an F-1 visa may remain in the United States for up to 60 days following the completion of the course.
- Once you get the I-20 from the school or academic institution then we will provide you with a comprehensive checklist of documents for the F-1 petition
- Yes you may work under the F-1 visa, but certain conditions apply and we will explain these to you
- You can remain in the U.S. for the duration of your studies
Am I eligible for a U.S. E-2 Visa?
You may be eligible for E-2 visa if:
- The maximum length for which an E-1 visa can be issued is 5 years. But typically the first E-1 is issued for three years to small businesses, for larger companies employing many Americans the initial E-1 is issued for five years.
- Typically the initial E-2 is issued for up to 5 years at the consulate and up to 2 years by U.S. Citizenship and Immigration. You can renew the E-2 indefinitely. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted.
- The applicant must be a national of a treaty country. The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country.
- The international trade must be “substantial” in the sense that there is a sizable and continuing volume of trade.
- The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality.
- The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.
Am I eligible for a U.S. L Visa?
You may be eligible for an L visa if:
- Who qualifies for the L visa?
- Can I bring my family with me, can they work?
- How long is the US L1 Visa valid for?
- Can I extend my stay on L-1 visa?
- Can I immigrate permanently to the U.S. if I am a holder of an L visa?
- An L-1 visa allows foreign worker to transfer from the foreign Co. and work in the US Company temporarily. The capacity must be either: manager/executive (L-1A), or specialized knowledge (L-1B).
- The L-1 visas are issued for a maximum of 5 or 7 years. After reaching the limit, you must leave the U.S. and wait a year before you are eligible to re-apply. The number of L-1 Visa years you can be issued varies between the two classification options listed above:
- L-1A: can be issued for at total of 7 years. Initially, you can be approved for 3 years if the company has been operating for at least one year. If it is a new company (<1yr.) then the initial L-1 will be for 1 year only. Extensions are given in 2 year increments.
- L-1B: can be issued for at total of 5 years. Initially, you can be approved for 3 years if the company has been operating for at least one year. If it is a new company (<1yr.) then the initial L-1 will be for 1 year only. Extensions are given in 2 year increments.
- If you wish to bring your spouse and/or dependent children under the age of 21 to the United States for the duration of your US Visa, you will need to apply for L-2 Visas for them. L-2 are eligible for Employment authorization in the U.S. (does not have to be for the L company).
- Yes you may apply for your green card under the L visa. Dual intent is permissible under the L visa, we will explain this process to you step by step