Common immigration misconceptions (Part 2)

Click here to read Part I

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."

Michael J. Gurfinkel has been a licensed attorney in California for 22 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

His offices are located at 219 North Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800. His Makati office is located at Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines; Telephone: 894-0258 or 894-0239. For more information about the Law Offices of Michael J. Gurfinkel, and to read previously published articles, please visit our website at www.gurfinkel.com

(This is for informational purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)