Immigration FAQs

A: No. Individuals can obtain immigration forms directly at USCIS. However, we do not recommend that individuals file their own application or petition for several reasons.

• An application that is completed incorrectly may be denied by the immigration department and require the applicant to resubmit a new application and fees.
• An application that is sent with incorrect fees may result in immigration processing delays and waste of time.
• An application that contains misspellings may result in a delay, request for additional information, or denial.
• An application that is not submitted with the required supporting documents may result in a delay, request for additional information or denial.
• There are many reasons why an application and/or petition may be denied by USCIS. For this reason, it is important to hire a law firm that you can trust to file it correctly.

A: Attorney David Nguyen has worked for private law firms, non-profit organizations and multi-million dollar corporations. This means that he has experience working with diverse clientele and has acquired knowledge that can only be obtained by working in a wide array of legal settings.

Additionally, when law firms claim that they have worked on hundreds of immigration cases they are counting all of the cases handled by former and current attorneys. This means that the attorney that is currently handling your case may have only handled 1 or 2 cases.

Unlike other attorneys, Attorney David Nguyen has successfully filed hundreds of applications and/or petitions – and can help you with your immigration needs.

A: Yes. Although immigration regulations have a “no benching” policy and requires employers to continue to pay the wage rate the H-1B holder in non-productive status – this does not apply if the H-1B holder is not working due to a request for a leave of absence, maternity leave, extended illness, etc.

It is important to maintain records indicating that any unpaid time off was due to a request from the H-1B holder. Please contact our law firm and we can assist you create a document retention program that will fit your needs.

A: No. Under the current immigration regulations you are not required to notify your current employer. However, it is important to maintain a valid H-1B immigration status the entire time you are in the U.S. For this reason, please contact our law firm and we can help you maintain a valid immigration status.

A: Yes, you can go to school. However, there are only limited circumstances that will allow you to work on an Employment Authorization Document (EAD). For this reason, please contact our law firm to discuss your individual needs.

A: Yes. Attorney David Nguyen has successfully procured work authorization for clients, based on E-3, TN-1 or H-1B1 visas.

A: Our firm can provide you with sample questions that may be asked during the exam. Additionally, our law firm can conduct mock naturalization interviews with you to make sure that you are comfortable answering questions.

Applicants over 50 years old are exempt from certain exams. Please contact our office to discuss your options if you are over 50 years old.

A: Maybe. IT consulting companies should provide strong evidence in their H-1B petition to reduce the likelihood of receiving an RFE. However, sometimes RFEs are received merely due to incorrect information/documentation, insufficient evidence or simply because the business is relatively small or new.

There is a real possibility that the RFE will cause the H-1B petition to be denied and the H-1B beneficiary may have to leave the U.S. and return to their home country.

Fortunately, Attorney David Nguyen has worked as Corporate Counsel – General and Immigration at several IT consulting companies. He has successfully responded to complex RFEs and will use this experience to assist you with your legal needs.

A: Form 221(g) indicates that your application or petition is “pending for administrative processing.” Usually, the consular officer will provide you with documents required for the application or petition to be approved.

Our law firm has experience assisting clients with consular processing in order to avoid unnecessary delays and problems such as this.

A: It depends. This is considered a student visa. Individuals on F-1 visas can only work in limited circumstances. Please contact our office for an individual consultation to discuss your needs.

A: No. This is considered a visitor visa, which allows you to come to the U.S. for business or pleasure only. As a visitor, you can only engage in “legitimate activities” relating to the business or pleasure, so you cannot work while you are visiting.

For a complete list of activities that visitors can engage in while in the U.S., please contact our office for an individual consultation to discuss your needs.

A: Only U.S. citizens can vote in certain elections and some jobs are only available to U.S. citizens due to security reasons. For tax benefits, please contact a Certified Public Accountant (CPA).

A: No. Minor, lawful permanent resident children, who reside with his/her parent, become a U.S. citizen upon the naturalization of one of his/her parents.

A: If you are currently married to a U.S. citizen, you can apply for a permanent resident card (“Green Card”). After you obtain your Green Card, you can file for naturalization after three years.

A: Based on this information, the answer is no. However, there are several laws in “the works” that may help you obtain a legal immigration status. Please contact our law firm to ask about the DACA & DAPA executive orders.

A: In general, yes you can adjust to a Legal Permanent Resident. The normal processing time for an immigrant petition based on marriage to a U.S. citizen is approximately six (6) to nine (9) months. If you would like to work and/or travel while your petition is processing, you should inform your attorney.

A: Yes, your stepchildren will qualify as long as the marriage occurred before they turned 18.

A: We recommend that you seek professional assistance to file your taxes and make payment arrangements if you owe any taxes. Having an IRS repayment plan will increase your chances of successfully petitioning for your immigrant relative.

A: No, U.S. Citizenship and Immigration Services (USCIS) does not recognize proxy marriages, based on a ceremony over the internet. USCIS requires that both parties be present at the same time.

A: Congratulations on your recent marriage plans! Yes, you can petition for your fiancee to travel to the U.S. on a K-1 fiancee visa, as long as, you have visited her/him within the last two (2) years and can provide proof (i.e. travel itinerary, plane ticket, lodging invoices, pictures, etc.).

A: Fortunately, there are two solutions to your problem. If your spouse is working, you can combine his/her income with yours. If your spouse is not working, you can combine your income with a relative or a friend, who is willing to sponsor your relative. (Please note that any joint sponsor must be a U.S. citizen or U.S. legal permanent resident, 18-years-old or older, must reside in the U.S., and complete an affidavit of support).

A: You may be eligible for Deferred Action for Childhood Arrivals (DACA) classification. Under DACA, if an applicant: 1) was under 31 as of June 15, 2012; 2) continuously resided in the U.S. since June 15, 2007 until the present time; 3) was present in the U.S. on June 15, 2012; 4) had no lawful status on June 15, 2012; 5) is currently in high school or has obtained a high school diploma or GED, and 6) has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, s/he can apply for DACA classification.

A: Yes. As it pertains to immigration laws, gays and lesbians are afforded the same opportunities as heterosexuals to apply for immigration benefits. Our office has helped gay and lesbian couples from all over the world, including: Mexico, South Africa, and Australia.

A: No, you do not have to leave the U.S. However, you are still required to complete USCIS Form I-751. Instead of filing jointly with your spouse, you will file it individually. You will need to prove that your marriage was entered in good faith (“bona fide”) even though it did not work out. The evidence required varies and is different from person to person.

A: Maybe. Since you entered the U.S. illegally, you cannot adjust your immigration status inside of the U.S. Instead, you will be required to leave the country and reenter legally. There are certain travel restrictions for DACA holders, so please contact our office so we can help you obtain the required travel documents.

A: Yes, you can apply once you join the U.S. military. The application process may take anywhere from six (6) to nine (9) months. Once you are a citizen, you can petition for your parents and spouse (if they are overseas or require an immigrant petition).

A: Yes, you can file an immigrant petition for her/him. However, you cannot file for an adjustment of status for her/him. Instead, s/he will have to leave the country and apply for an immigrant visa at a U.S. consulate or embassy abroad. If s/he are inadmissible because s/he has resided in the U.S. for over 90 days illegally, you will need to apply for a waiver. The waiver is permission from the government to allow your spouse to return to the U.S. after they leave the U.S. without fear that they will not be allowed to reenter based on their prior stay in the U.S.

A: Yes, you can apply for asylum. However, you must demonstrate two things: 1) You are unable or unwilling to return to your home country because you have been persecuted there in the past or have a well-found fear that you will be persecuted if you return; and 2) the reason you have or will be persecuted is connected to one of these: race, religion, nationality, membership in a particular group (i.e. women, gays/lesbians, political affiliation), or political opinion.

A: It saddens our law firm to hear about your situation. Fortunately, you are not alone and immigration laws can help you obtain legal status in the U.S. The Violence Against Women Act (VAWA) will allow you to apply for immigration benefits. Your spouse will not be notified about your application so you can file without fear of retaliation.

A: If you leave the U.S., you will be considered inadmissible and will banned from returning for three (3) years. If you have lived in the U.S. longer than 6 months, but less than one (1) year, you should ask for voluntary departure. If you have been in the U.S. for less than one (1) year and an immigration judge grants you voluntary departure, there is no 3 year bar.

A: You will be considered inadmissible and will be banned from returning to the U.S. for ten (10) years (unless you apply for a waiver, which is available in limited circumstances).

A: It is unfortunate to hear about your friend’s situation. First, you have to determine if the children’s native country is part of the Hague Adoption Convention. If they are, one solution is for you to live with the children for at least two years in their home country OR have the children be declared as an orphan in his/her country. Afterward, you can adopt them using an international adoption agency.

A: Maybe. Foreign nationals from certain countries are allowed to apply for Temporary Protected Status (TPS). TPS allows foreign nationals to remain in the U.S., because of a dangerous situation in their home country. There are four general requirements for TPS: 1) you must be a national of a country designated for TPS; 2) you must file during the registration period or meet the requirements for late filing; 3) you must have been continuously present in the U.S. since the effective date of the most recent designation date of your country; and 4) you must have been continuously residing in the U.S. since the date specified for your country. (Please note that brief or casual departures outside of the U.S. may be acceptable).

A: We recommend the EB-5 visa. If you are able to make a capital investment of $500,000 in a business located in a targeted employment area (TEA)/high unemployment area or $1 million, you may qualify for an EB-5 visa. This will allow you, your spouse, and your children (under 21-year-old) to come into the U.S. and receive Green Cards. These types of visas are complex since it involves capital investments requirements, job creation requirements, and lawful source requirements. Since every business is unique, it is best to speak to our firm regarding your specific needs.

A: Yes. You may qualify for an E-2 visa. E-2 visas are available for nationals in countries that have a treaty of commerce and navigation, or a bilateral treaty providing for non-immigrant entries, with the U.S. The best part about the E-2 Visa is that there is no set amount for the capital investment. That being said, the investment must be considered “substantial” (and not minimal) based on the type of business or investment. These types of visas are complex since it involves capital investments requirements, job creation requirements, and lawful source requirements. Since every business is unique, it is best to speak to our firm regarding your specific needs.