Questions about the site
What is a "FAQ"?
Thanks to Margaret for suggesting this question.
FAQ stands for Frequently Asked Questions; the idea is to provide answers to common questions in one place so the same question doesn't have to be asked many times.
For more information, see the Wikipedia FAQ article.
When do you expect this FAQ to be complete?
Never! First, this FAQ is not comprehensive, and there are plenty of questions that could be added but aren't. Please let me know if you can think of any! Use the "Suggest a question for the FAQ" link at the bottom of this page.
Second, immigration law is constantly changing.
What is this site's relationship to alt.visa.us?
This is not an official FAQ for the newsgroup. I am actually not aware of any current official FAQ. Rather, it is a collection of questions that I came across over time.
What is your relationship to alt.visa.us? Do you own it?
No. alt.visa.us is an unmoderated Internet newsgroup. As such, it is not owned by anybody. I simply post there frequently.
Why do you do it?
It's basically a hobby of mine. You can think of it as my way of giving back to the
community, volunteering. I have gone through the process myself and
understand the pain and aggravation it can cause. If you are interested, here are the gory
details (and if it sounds like gibberish - well, that's what the FAQ and the newsgroup are
for!): H-1B since 1993. EB-2 LC filed in California 1994 (predates RIR or PERM), approved 1997, I-140 and AOS processed in CSC and approved in 2000. Used EAD and Advance Parole for travel several times. H-1B visa originally issued at a consulate. Later renewed once at a consulate, and again by mail via Washington D.C. (This procedure is no longer available).
RFE during the LC process: the LC states that you will be working from 9-5. You need to have a lunch break in between!
Sheesh. OK, it's a valid point, but still, don't they have more important things to do? No RFEs during the I-140 or I-485.
Will you represent me?
No. I am not a lawyer and cannot represent anybody. That aside, think about it: do you really want to be represented by somebody you just know through a few pixels? Please do yourself a favor and hire a real and competent attorney! Also note that this FAQ is full of answers such as "it depends" or "possibly" or "maybe" because immigration law can be very specific to your case.
Who are you, anyway?
Just your ordinary netizen. Professionally, I'm have been a Java and C++ software engineer, and today work as a college instructor and network administrator. I also recently started enjoying photography.
Can you get a visa without a lawyer?
If in doubt, hire a lawyer. Yes, most immigration law issues can be handled by a layperson, but it will take a lot of research before you even get the basics down. To give you an idea, immigration cases are usually as complex as a very difficult income tax return. Of course, it depends on the type of case, some are more difficult than others.
Also, keep in mind that many of USCIS decisions are discretionary rather than dictated by law, as in the case of income taxes. Thus, you not only need to fill out the forms to comply with the law, but also to convince the USCIS officer.
It is perfectly legal to do it by yourself, but you would take a substantial risk.
There is one exception: if your case is a straightforward marriage to a US citizen, it can be beneficial to do it without a lawyer. Involving a lawyer might make USCIS suspicious. However, if there is anything unusual about your case - say, travel on a tourist visa a previous overstay, an unusual type of marriage (for instance, big age difference between the partners) or anything else unusual, DO hire a lawyer anyway!
This web site 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. I made an attempt to provide somewhat accurate information as of the time of this writing, but the situation may well have changed by the time you read this. I am not a lawyer. I have no legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust. Keep in mind that there are no guarantees in immigration law. Most decisions are discretionary in nature, and even a competent immigration lawyer cannot guarantee success.
If you have further questions, please consider posting them in the newsgroup alt.visa.us, where there are a number of helpful individuals. I discourage emailing me directly. If you still want to email me your question, please send them through the Contact page. Don't expect an immediate answer, and I reserve the right to ignore your mail completely, too!
This site is Copyright © 2003-2007 by Kevin Keane