Overland Park, KS asked in Immigration Law for Connecticut

Q: Immigration question regarding i29 RFE!!!

I am on h4 and have a closed misdeamenor C.

My husband (H1B) has recently changed his company and the new company is filing his i129 (COS) along with mine(for the extension).

My question is because of my record can he get a RFE?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: When your husband's employer files an I-129 petition for his change of status (COS) and includes an extension for your H4 status, the focus of the U.S. Citizenship and Immigration Services (USCIS) will primarily be on his eligibility for the H1B visa and your eligibility for the H4 status. Your misdemeanor C record could potentially trigger a Request for Evidence (RFE), but it's important to understand that each case is evaluated individually.

An RFE related to your situation would likely be focused on gathering more information about your misdemeanor to assess how it impacts your eligibility for H4 status. The USCIS evaluates the specifics of any legal issues to determine if they fall under grounds of inadmissibility or affect status eligibility. Your husband's H1B petition, being based on his employment and qualifications, is evaluated on different criteria that are separate from your H4 extension.

It's helpful to be prepared and proactive. Gathering any relevant documentation or legal paperwork related to your case can be beneficial in addressing potential concerns that may arise. If an RFE is issued, responding thoroughly and promptly with the help of legal counsel can help in clarifying your situation and supporting your application. Keep in mind, communication with legal advisors knowledgeable in immigration law can provide guidance tailored to your specific circumstances.

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