Author Archives: Joshua

Can I file 2 h1b’s with 2 different employers in same cap?

A: It’s not clear exactly what you mean by “in the same cap.” Each petition will be processed separately, and if you are not already in H-1B status, each approval will reduce the available H-1B ‘slots’ by one. Depending on the specifics of the individual job offers, it is possible to be approved, and to work for, two H-1B employers at the same time (e.g., two part-time job offers). But if each petitioner does not alert USCIS that there is another H-1B pending for you (and unless each petitioner USCIS’s software is more sophisticated than we realize), two approvals in close chronological proximity will deprive someone else of the opportunity to get their petition approved “under the cap.”

Answered By:

Gunderson, Denton & Peterson, P.C. – Attorney Mark Egan
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Re-Published from: AVVO Legal Questions and Answers

A risk for staying in the US?

My parents-in-law just had the visa interview at the consulate in Caracas, Venezuela. They were both denied. My mother in law was just trying to renew hers, because her 10-year visa expires in May this year. Well, the renewal was denied AND they suspended her current one so instead of expiring in May, it is expired effective immediately. They are both in they 60’s, they own their house, my father in law is retired. They were planning on coming to be here for the birth of our baby. Any ideas why they are considered a risk for remaining in the US?

A: Unfortunately, much of the decision-making process for such visas is subjective – how the officer ‘feels’ about you can make all the difference in the world. So the fact your mother-in-law was granted the visa several years ago does not guarantee that another officer will approve the visa now.

It could have been something one of them said that didn’t please the officer. Or, maybe some circumstances have changed since the previous visa was granted, such as your father-in-law retiring? Changes in the political climate between the US and Venezuela could also have played a role.

The consular officer is supposed to provide a written explanation of the reasons for denial. That might be helpful in figuring out the issue (although sometimes the explanation is too vague to be useful).

I would try to contact the consulate, by telephone or email, to see if more information is available.

Answered By:

Gunderson, Denton & Peterson, P.C.
By Attorney Mark Egan – Arizona Immigration Professional
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Re-Published from: AVVO Legal Questions and Answers

My sister is a United States citizen should she file an i-130 petition for me?

I entered the United States with a Visa but it expired should my sister file an i-130 for me? Are there any advantages or disadvantages? Would I have to do consular processing?

A: If your sister is not a US citizen, she could not file an I-130 for you. If she is a US citizen, it would still take more than 10 years before you could apply for a green card based on your sister’s petition. You would have to do consular processing, but if you leave after spending more than a year in the US without legal status, you will then have to wait outside the US another 10 years!

It may be possible for you to adjust status (obtain a green card without leaving the US), but only if your US citizen spouse, parent or adult child files a petition for you. The laws regarding “unlawful presence” and the resulting 3-year and 10-year “bars” are complicated and harsh, so you will need to understand them clearly, in order to make the best choice as to what path will be the best one.

Answered By:

Gunderson, Denton & Peterson, P.C. – Attorney Mark Egan
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Re-Published from: AVVO Legal Questions and Answers

What requirements do I need to bring my future wife back to the US from Colombia South America?

I am an american citizen and im going to colombia to marry my fiance. What is the financial and paperwork I need to put in for bringing her back to the US?

A: Another option you may wish to consider would be for her to obtain a Fiancee visa and come to the US to get married. You would first file the fiancee petition with the Immigration Service in the US. After that is approved, she will have a visa interview at the US consulate in Colombia. Upon approval of her Fiancee Visa, she can travel to the US. You and she will then need to get married within 90 days, and then she can apply to “adjust” her status in the US and receive her “green card.”

Answered By:

Gunderson, Denton & Peterson, P.C. – Attorney Mark Egan
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Re-Published from: AVVO Legal Questions and Answers

Do I have any chance in making my wife legal, even though she entered illegally. Will she have to go back to Mexico?

My wife was brought here illegally by her parents when she was about 2 years old between 1988-1989, and has been here since then. We have been together for 8 years and have been married for almost a year now and have a 3 year old son. From what we know she is not in any petition. We are currenty looking for an immigration lawyer but haven’t found one yet. One of our main concerns is that she will have to go back to Mexico and in the state the Mexico is right now with all the violence. I don’t want her to go there.

A: Yes, there is a chance of getting a legal status for her, but not likely any time soon. If you are a US citizen, you can file a petition for her, which will probably be approved, but that’s just the first step. To get her green card, she would then need to leave the US and apply for an immigrant visa at the US consulate in Ciudad Juarez.

But — now that she has been here more than 1 year without lawful status, if she leaves the US, she will not be allowed to return for 10 years! There is a waiver of this “10-year bar” but it is very difficult to obtain, and only if your circumstances meet the requirements.

Another possibility is that, if she gets picked up by Immigration and put into removal (deportation) procedings, she might be able to get “cancellation of removal” which would allow her to remain in the U.S. But that is only a last resort — cancellation is also very difficult to get, and definitely something she should have an attorney’s help with. It is not something you would just “apply for,” unless she were already in removal procedings.

At this moment, there may not be anything an attorney can do get her lawful status in the near future. But an immigration attorney can explain more about just what her options are, and what obstacles will need to be faced and overcome.

Answered By:

Gunderson, Denton & Peterson, P.C. – Attorney Mark Egan
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Re-Published from: AVVO Legal Questions and Answers

I have a friend who came into the country in 2004 into the US with someone else’s passport and the person took their passport

Q: I have a friend who came into the country in 2004 into the US with someone else’s passport and the person took their passport back now he’s out of status and he’s now met a lady who’s american citizen they both want to get married.Can he adjust his status? he now have a blank passport with no visa. Would this be a problem for him when adjusting his status or what document does he need to prove? please advice on his behalf.

A: Your friend has three big problems.

First, because he used fraud to enter the US, there is a good chance USCIS will say this was not a “lawful admission” and without a lawful admission, he is not eligible for adjustment of status. There may be room to argue that point, but not without research and analysis of many more factors than are available from your description.

Second, if he is not eligible for adjustment of status, he would have to leave the U.S. and process an immigrant visa at a US consulate. Because he has been ‘unlawfully present’ in the U.S. for more than 1 year, leaving the U.S. now will cause him to become inadmissible to the U.S. for 10 years. To come back sooner than that, he will need to seek a waiver of unlawful presence, by demonstrating extreme hardship to a qualified relative.

Third, because he used someone else’s passport to enter the U.S., he is already inadmissible due to fraud. He will not be able to adjust status or obtain an immigrant visa at a consulate, unless he seeks and is granted a waiver for his fraud.

Each of these three issues are complex and turn on many different factors. Succeeding in any of them will be difficult. If he does not have expert legal counsel, his chances of obtaining lawful status in the U.S. will not be very good! He definitely needs the help of an experienced immigration attorney.

Answered By:

Gunderson, Denton & Peterson, P.C. – Attorney Mark Egan
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Re-Published from: AVVO Legal Questions and Answers