TX Immigration Attorneys in Cedar Park

Who can be a sponsor?

U.S Citizens and Permanent Residents have the ability to petition for certain family members. Citizens can sponsor a wider range of relatives. Some cases have additional eligibility specifications such as income requirements.

Citizens can petition for the following.

• Spouses
• Unmarried children under 21
• Sons and daughters that are married and/or above the age of 21
• Parents (if you are 21 or older)
• Siblings (if you are 21 or older)

Legal Permanent Residents can petition for the following.

• Spouse
• Unmarried children under 21
• Unmarried son or daughter of any age

My child is a U.S citizen, when can they file for me?

Not until they are 21.

My spouse entered the country on a visa that is now expired. Can I still file for her to get her green card?

Yes. If you are a U.S Citizen, then you can file for your spouse even if they have overstayed their visa.

What are the options for a sponsor that does not meet the USCIS income requirements?

If you do not meet the income requirements for an affidavit of support, you can use a joint sponsor. If you cannot find a joint sponsor, you can provide proof of assets to make up the difference between your income and the required income.

What is a B-1 Visa?

A B-1 Temporary Business Visitor Visa is for individuals planning to participate in business activities inside the United States. Some included activities include contract negotiations, business consultations or conferences set for specific dates. To be eligible, you must meet the following requirements:

• The purpose your trip must be for a activities dealing with a legitimate business
• You plan on staying for a limited period of time
• You have the funds necessary to cover the expenses involved in your trip to the United States
• You have a residence outside of the United States, and you do not plan on abandoning that residence
• You are otherwise admissible to the United States

What is an H-1B visa?

An H-1B Visa allows corporations to sponsor immigrant workers who possess a bachelor’s degree or higher in an area of study related to the business of the company. It is a nonimmigrant visa.

Are there immigrant visas available for permanent employment in the U.S?

Yes. There are Permanent Worker Visas available in five different preference categories - EB-1, EB-2, EB-3, EB-4, and EB-5. The categories differ based on different skills, areas of study, and professions required for eligibility. EB-2 and EB-3 applicants are also required to obtain a Labor Certification from the U.S Department of Labor.

What is the difference between filing an appeal and filing a motion?

By filing an appeal, you are asking either The Administrative Appeals Office (AAO) of USCIS or the Board of Immigration Appeals (BIA) of the U.S Department of Justice to review the original decision made on your case. A motion, on the other hand, allows you to submit additional evidence and request the original decision maker on the case to review his decision.

In what cases is filing an appeal / a motion an option?

There are over 50 different types of immigration cases that qualify for the appeals process. Qualifying cases include but are not limited to forms I-129, I-131, I-140, I-212, I-352, I-360, I-485, I-600, I-918, N-470, N-580 and N-600. Applicants are able to file a motion to reopen or reconsider in most cases. However, motions are not an option on appeal decisions or abandoned appeals.

Is there a filing fee for appeals?

USCIS does not currently charge a filing fee for appeals or motions.