General Green Card FAQs

Deportation when a permanent resident is involved in Shoplifting

Authored on: Thu, 11/03/2022 - 05:34

Question

My uncle has been a US Permanent Resident since Apr 2021, and recently he got into trouble with Shoplifting Theft (Misdemeanor B). The prosecutor is ready to lower the punishment to Misdemeanor class C theft along with 6 months of unsupervised deferred probation (fine of 99$) with NO CONVICTION. Also, after 2 years, he will have the option for the case to be expunged from the records.

Question: Will this create a legal problem with his current immigration status (LPR), and also, will he face issues after 4-5 years when he is ready to apply for his US citizenship considering the case has been expunged from the records?
 

Answer

Video URL

Can a green card be filed while an employee works outside the US?

Authored on: Fri, 06/17/2022 - 02:40

Question

Is it eligible for green card sponsorship if a job allows working remotely?
 

Answer

Video URL

How long can a green card holder stay outside the US?

Authored on: Fri, 06/17/2022 - 02:36

Question

I received a Green card (GC) last year (Dec 2021). I travelled to India in January 2022 for vacation and have been staying here in India for last 4 months. While on vacation, I have been working for a US employer from India. This is the same employer who sponsored my GC. I am planning to go back to USA in June 2022. This will be the first time I will be travelling back to USA using my GC. Kindly see my questions below.

1) If I mention that I was in India for four months on vacation, would this answer cause any issue with the CBP officer at POE?  

2)Is four months of vacation in my home country acceptable for a GC holder?

3) What typical questions could we face at the Port of Entry for someone who spent four months of vacation in their home country?

4) Is working for a US employer from India allowed for a GC holder?

5) Do I need to expect a secondary inspection for additional scrutiny by CBP officers due to my four-month vacation?
 

Answer

Video URL

From F-1 OPT directly applying for a green card

Authored on: Thu, 04/21/2022 - 05:15

Question

I was born in the United Arab Emirates, but have Indian citizenship. I did my bachelors in the U.S and am currently pursuing my Masters here as well. I was wondering with the ongoing corona crisis, would it be realistic to apply for GC within 6 months of the job starting and hope I get it before my three years of OPT ends? 

Answer

Video URL

 

Approved I-140 in May 2009

Authored on: Tue, 02/22/2022 - 10:30

Question

Hello Rajiv, My I-140 was approved in May 2009 and unfortunately I lost my job and left US in October 2009. I intend to return back to US once I find good job. If my employer or myself file another I-140 could my priority date be retained from my original approved I-140. I see that current priority date for India is 2012 but obviously my priority date originally was in 2009. In this case can my priority become current as soon as I file my I-140. I will really appreciate your insight in such case.

Answer

Prior to January 17, 2017, the rules about priority date retention were uncertain. If your earlier I-I40 was not withdrawn or revoked, you should be able to keep your priority date.

Documents needed by and anticipated questions for green card holders at the port of entry

Authored on: Tue, 11/16/2021 - 07:14

Question

 I am a G.C. holder and will travel next month and plan to return to the U.S. in December. What documents do I need to carry and show at the port of entry when I return to the U.S.? What questions does a CBP officer usually ask a green card holder at the port of entry? Do I need to carry tax returns, pay stubs, W-2, and previous H-1B documents ( I was in H-1B before I got G.C.)?

Answer

Video URL

Working outside the U.S. for four months with a recently issued green card

Authored on: Tue, 11/16/2021 - 07:05

Question

I got my green card last month. I plan to go to India and work from India for a U.S. company for 4 months continuously. This U.S. company is the company that sponsored me for G.C.
Is it legally allowed from the USCIS point of view because I stayed and worked for four months continuously from India? Will there be an issue at the port of entry when I return to the U.S. because I stayed and worked for four months continuously from India?

 

Answer

Video URL

Can GC-EAD holders start a business and what impact accrues on the pending I-485?

Authored on: Mon, 10/25/2021 - 05:33

Question

Q: 1.Can I run my second W2 on my own company? Keeping my primary W2 with the same employer who filed the GC?

2.If I start a business on GC-EAD, if they call for a GC interview what type of question do they ask related to business?

3.If I-485 is denied, can we  come back to H-1B again and do we have to refile I-485 again?

 

Answer

Video URL

A1: 1. If your situation is such that having a second business in no way contravenes your intention to continue your green card job, you are fine using it to get to do another job or to have your own business. I would advise you to talk to your own lawyers.

2. Whatever questions they ask it is your right to do so and the only focus of the inquiry USCIS should take is whether or not you have the intention to continue working with your own employer; the one who filed your adjustment of status and that should be their focus of inquiry. It shouldn't matter to them whether you have a second job, one side business or ten.

3. You should be able to file the I-485 again. More...

 

How long can green card holders stay outside the U.S.?

Authored on: Wed, 10/13/2021 - 09:45

Question

How many days can a green card holder stay outside the U.S. continuously per year and non-continuously per year?

Answer

Video URL

Green card holder working on multiple jobs - Is it legal?

Authored on: Wed, 10/13/2021 - 09:16

Question

I received my green card two days ago. I work 40 hours a week in IT company A as a full-time software engineer from 8 a.m. to 5 p.m. Monday to Friday. Can I work on another full-time job 40 hours a week in IT company B as a software engineer from 8 a.m. to 5 p.m. at the same time while working for company A if I can manage because I am working remotely? While I am employed with company A full-time 40 hours a week, can I work on another part-time IT job like 20 hours a week assuming that some hours of IT full-time job overlap with some hours of IT part-time job? Can I work on another non-IT full-time or non-IT part-time job during weekends/holidays, or after my other job working hours while I am employed with company A full time?

Answer

Video URL