AskVisalaw.com

Posted on: October 2nd, 2019
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In our AskVisalaw.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 Ask-visalaw@visalaw.com. 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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QUESTION: My father is a US citizen. He filed an I-130 application for me in 2012, which was approved in 2012. At the time I was unmarried, but I got married in 2014. My father is 92 years old and since my I-130 changed from the F1 category to the F3 category, I am worried that he may no longer be here by the time I can apply for a visa. Is there any way to expedite our application, based on my father’s age?

THE IMMIGRATION ANSWER MAN – ARI SAUER: Unfortunately, there is no way to expedite the wait for a visa to become available for an immigrant petition. It is entirely based on what preference category your petition falls into, the priority date for that petition, and your country of chargeability. There is no way to jump ahead in that line.

Your father should hopefully live for a very long time. But since you are concerned about what would happen should he pass away before you are able to become a US permanent resident based on his petition, you should know that in certain situations a petition can be reinstated if it becomes revoked due to the death of the petitioner. You can learn more about reinstatement of an immigrant petition from my previous blog post on this topic: https://immigrationanswerman.com/2012/04/10/if-my-i-130-petitioner-dies-can-i-have-the-i-130-reinstated/

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QUESTION: I am a nurse who was sponsored by my employer/petitioner as an EB-3. I have had my green card for 9 months and have been working for them since I got my green card. I have been having some issues with my employer and wish to change employers, but my employer says that I could put my green card in jeopardy if I leave them now. Is this true?

THE IMMIGRATION ANSWER MAN – ARI SAUER: From an immigration perspective, you should be fine. The requirement is that you must have intended to stay with your petitioning employer in the offered permanent position (meaning for an indefinite amount of time) at the time you filed your Application for Adjustment of Status (Form I-485) or Immigrant Visa Application (Form DS-260) through the time that you became a US Permanent Resident (green card holder). Where something happens after the employee becomes a US Permanent Resident that causes the employee to no longer wish to be employed by the petitioner, they are allowed to change employers. It can sometimes be an issue when an employee changes to another employer right after becoming a US Permanent Resident, as that can call into question whether the person intended to be employed by their petitioner in the offered position when they became a US Permanent Resident. But someone who works in the offered position for more than 9 months after becoming a US Permanent Resident is probably fine.

To be clear, I can only comment on the immigration consequences of changing employers. I cannot advise on what the other consequences might be of leaving an employer if doing so would cause the person to be in breach of an employment contract. A contract law/employment law attorney should be consulted about that.

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