Jean Padberg & Associates, P.C.

F r e q u e n t l y A s k e d Q u e s t i o n s

	1.	Can I travel while my immigrant case is pending? I have filed an I-140 (or labor cert) which is not completed yet.
		Yes, but you will need to have your non-immigrant visa stamped in your passport for re-entry, or, if you have a concurrently filed I-485, then you could obtain advance parole. If you use your AP to re-enter the US, your H visa will no longer be valid, so be sure you have a valid EAD (work card).

	2.	When I go to the U.S. Consulate to get my passport stamped with a non-immigrant visa, will I be denied because I have an immigrant case pending?
		No. The doctrine of dual intent, found at 8 CFR 214.2(16) allows an H, L or E visa holder to have both non-immigrant and immigrant status at the same time. However, if you hold a F-1 or B or J visa, this doctrine does not apply and it may be difficult to renew a non-immigrant visa while the immigrant case is pending. Using Advance Parole or consular processing would eventually solve this problem.

	3.	I think I am eligible for several different kinds of cases, such as Outstanding Researcher, National Interest Waiver, or labor cert. Can I apply for more than one case at one time?
		Yes. USCIS reviews each case alone and makes a decision in one case at a time. However, at the end of your case when the I-485 is being reviewed, the USCIS will inspect all of your files before making a decision.

	4.	I won my I-140, filed an I-485 at the regional service center, but then I moved to another part of the United States. Should I transfer my file?
		My answer to that is “no" because it is very difficult to get USCIS to transfer a file, and it is also difficult to get the new USCIS office to process a case for which they have not received a fee. In my opinion, it is better to re-file the I-485 with the USCIS office in the new geographic jurisdiction. This answer would also apply to family-based cases that require an interview at the local USCIS office. Be sure to file form AR-11 to comply with regulations.

	5.	I want to quit my job, but my employer sponsored my case. When can I quit without having to start all over with the permanent residency process?
		According to Clinton’s American Competitiveness in the 21st Century Act, you can quit six months after the I-485 has been filed, as long as the new job is in the same occupational field as the old job.

	6.	What is the quickest way to obtain permanent residency status?
		If you live in a geographical area with rapid interview appointments, the quickest way is through a valid marriage case to a U.S. citizen. For those in areas like Atlanta, where it takes two years to get an interview for a family case and two to three years to complete an EB case, then the Diversity Visa lottery is the quickest way, because those cases must be finished before the end of September each year.

	7.	What is concurrent filing?
		A policy that allows you to file the I-140 and I-485 at the same time for EB1, EB2 or EB3 cases. Then work and travel permits can be obtained while the I-140 is pending.

	8.	I will have my permanent residency adjustment interview soon, but I plan on moving. I understand that the USCIS will not forward green cards in the mail to a new address. Can I use a friend's address or even P.O. Box?
		Yes. The Atlanta District USCIS office allows either option.

	9.	I moved and my I-140 EB case is still pending at a Service Center. I sent them a change of address form, but they are still sending notices to my old address. Why?
		USCIS simply does not always have enough staff to update all addresses. In the future, such changes will be done online. If you have an attorney, the attorney should also get a copy of any important notice. Please file form AR-11and send to USCIS at: Immigration and Naturalization Service Change of Address P.O. Box 7134 London, KY 40742-7134.

	10.	I married a U.S. citizen (or resident) but now he/she wants a divorce. My green card case is pending but not finished. What should I do?
		Contact a qualified attorney immediately to discuss your case. If there has been mental or physical abuse, the alien (male or female) could possibly obtain permanent resident status by filing an I-360 VAWA case (Violence Against Women Act). In other situations, if the conditional resident card has already been issued, the alien can proceed alone to file for removal of conditions even if there was no abuse, as long as the marriage was bona fide, by using form I-751.

	11.	I have had my permanent residency status for several years. When can I apply for citizenship?
		a) If you obtained permanent resident status through marriage to a U.S. citizen, then the answer is two years and nine months from the date of adjustment. b) If you obtained permanent resident status in other ways, then four years and nine months from the date of adjustment.

	12.	Should I apply for I-485 adjustment in the U.S. or do consular processing (CP)? Which is faster?
		The answer to this question can depend on several factors. If your I-140 was self-petitioning, be aware that the consular officer could revoke the approved I-140 if he/she does not believe you qualify for that benefit. This is a risk that would rarely be encountered in the U.S. Another factor would be the processing time at that consulate. Some offices are crowded and there is a wait of several months for an immigrant visa appointment. However, if the I-140 basis is strong and country conditions are good, then CP is usually quicker than adjustment in the U.S.

	13.	I have a J visa and am subject to the two-year return home requirement, but I want to stay in the U.S. and change to an H-1B visa. What are my options?
		You could apply for a waiver based on 1) fear of persecution if you returned to your home country; or 2) extreme hardship to a U.S. citizen or permanent resident spouse or child (hardship to them if you left, and also if they went with you); or 3) your country has “no objection" or 4) an interested U.S. government agency wants to apply for you to stay here.

	14.	I need to file an affidavit of support for a friend/relative. How do I know whether I should use the old form (I-134) or the new form (I-864)?
		If you are a citizen or LPR (legal permanent resident), then you can use the I-864, and attach three years of tax returns and proof of income. If you are an alien, or your friend/relative is visiting the United States temporarily, you can use form I-134.

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