Immigration Questions (frequently asked)

FAQ - http://www.cundyandmartin.com/

Over the years and after helping hundreds (if not 1000 or more) clients with immigration matters, there are certain questions that regularly come up. With this posting and with updates to it, I hope to answer some of these questions. Keep in mind that there are always exceptions to every rule and I generally will not address those exceptions in this posting. This is basic information only, not a legal treatise on U.S. immigration law.

Nonimmigrant Visas

1. If I file for an extension of my visitor visa, can I leave the country while it's pending? No. If you leave, the application will terminate as abandoned.

Fiance K-1 Visa

1. Do I have to be a U.S. citizen to petition for a fiance? Yes.
2. Is it required that we meet in person before I file the petition? Generally, yes. There are a few exceptions to this requirement but they rarely apply.

Immigration Court

1. I didn't ask for all possible forms of relief (defenses) at my first hearing, is it too late to ask now? No. You may make a request at any time prior to a decision by the Immigration Judge on your case.
2. If a person illegally returns to the U.S. after a prior deportation, what is the consequence? He is not eligible for most forms of relief.

Green Card - Lawful Permanent Residence

1. If I return to the United States once a year, I won't lose my permanent resident status. Wrong. If your intent is to live outside the U.S. and only visit the U.S. periodically, the immigration service may revoke your green card.

Reentry Permit

1. Do I have to return to the United States in order to renew my reentry permit? Yes. The Admistrative Appeals Unit (AAU) of U.S. Citizenship and Immigration Services (USCIS) has confirmed that a person is not permitted to seek renewal of her reentry permit unless she is in the United States. Therefore, if you are outside of the U.S. with a reentry permit that is expiring soon, you must return to the U.S. and file for a new reentry permit. You may read the decision at http://www.aila.org/content/default.aspx?docid=25999 .