Immigration Q&A

It has been a while since we have featured some Q&A items that I get from time to time from readers and clients. So for this week, we have a few:

Q1.) I am here in the US on a temporary non-immigrant work visa under the H1B program. After about a year, I had a romantic relationship with another employee who works with me at the same company. Not long after, we got married. He happens to be a permanent resident while I am still on my own H1B visa. Can he petition me as the wife of a green card holder while my H1B renewal is being processed? Is it not a contradiction when I am here on a non-immigrant visa who is expected to be staying and working temporarily in the US but having a spousal immigrant visa petition?

A1.) Yes, your husband can file a spousal petition for you. As a green card holder, he can validly file the I-130 petition for you even though you have a pending H1B renewal. The H1B is a unique form of visa in that it allows dual intent --meaning you can be on a non-immigrant status and intending to do so but have an intent to stay and live permanently by virtue of a pending immigrant visa petition, in this case by a spouse.

Q2.) I came back to the U.S. because my reentry permit is nearing to expire. However, I have to be back in my country because of a pending business deal that I cannot afford to miss. Should I leave the U.S. without refiling or file now and wait for my biometrics?

A2.) Depending on your circumstances, it is better to submit your reentry application and wait for your biometrics before you leave the U.S. There are time constraints you have to factor in but make sure your next steps are carefully thought through.

Q3.) With the recent news around immigration enforcement, I am afraid that even though I possess a valid permanent residency status as a wife of a U.S. citizen, that ICE will just randomly stop me and ask for my prior immigration history.

A3.) ICE agents can ask you questions but they cannot arrest or detain you without reason to believe that you are in the U.S. illegally. You have the right to remain silent so do not answer any question or sign anything given to you. Of course, be respectful and courteous towards ICE agents as any violent behavior that you exhibit towards them could give them a reason to arrest you.

We will have more Q&A as it pertains to ICE arrests in future columns as this is an area that requires a lot of print space.