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2 Answers | Asked in Immigration Law for New York on
Q: If an LPR sponsors his children (living abroad) on I-130, can children be granted B Visa to visit him thereafter?

Father has been granted permanent residence (holds PR Card). If he sponsors his children on I-130, can his children be granted visit visas for visiting him in the US (after their I-130s have been filed)? Or if they come on the visit visa to the US, will it be better to sponsor them at that time --... View More

Brian J. Reilly
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answered on Mar 2, 2024

There are not enough facts provided here to give a cogent answer. The children will have to disclose the pending immigrant visa petition when applying for a visa, which will cause the consul to scrutinize their intent. Applying for an immigrant visa while they are physically in the U.S. is not an... View More

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2 Answers | Asked in Immigration Law for New York on
Q: I have H1B through my company, and a green card confirmation (as of last year), can I co-own/work for a startup?

I have an H1B through my tech employer, I have a green card confirmation (I-485 adjustment of status application receipt) and I wish to co-own a startup 50/50 with a US citizen. I am wondering if i can "work" for this startup and what the procedure/if any I may need to deal with to do... View More

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answered on Feb 7, 2024

It is not clear what you mean as a green card confirmation: An approved I-140 immigrant visa? I-485 adjustment of status application receipt? An adjustment of status application pending over 180 days?

The short answer is you can't "work" or draw a salary from anyone except...
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3 Answers | Asked in Immigration Law for District of Columbia on
Q: Will I be able to re-enter the US while on my F1 visa while an i-140 is pending?

Submitted my NIW petition in December and went back to my home country for christmas break. Just realizing that I might encounter the "demonstrating immigrant intent" while my I-140 is pending. Will a CBP officer prevent me from re-entering and if he asks about immigrant intent, what... View More

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answered on Jan 8, 2024

The most important thing to keep in mind is to tell the CBP the truth. If are still engaged in course work, it is easier to explain you intend to finish your studies. If you are on OPT or extended STEM OPT you should say you understand your obligation to leave at its completion; that the NIW I-140... View More

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