In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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1) QUESTION: If a person has a case in process with the nvc (petition I-130) and he doesn’t want to continue with the immigration process and rather wants to go to USA based on an employment visa provided by the company who hired him, can it be done?
ANSWER: Whether or not it is better to apply based upon an approved I-130 or whether it is better to apply based upon employment depends on what categories one is comparing. If someone has an approved immigrant petition, it is possible to be eligible for an employment based in some visa categories but not in others.
2) QUESTION: My parents are in the USA. They applied for an F-1 visa for me, but after 6 years I got married and my category has changed to F-3. I waited 4 more years, but I am now divorced with no kids. Will my case again change into the F-1 category?
ANSWER: Yes. Someone with an F1 petition who marries will automatically move to the F3 category. If they divorce then they will automatically move back to the F1 category.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.