Navigating Immigration for Tech Professionals: A "Dear Sophie" Update

This is another installment of “Dear Sophie,” a resource dedicated to addressing immigration concerns relevant to those working within the technology sector.

Sophie Alcorn, a Silicon Valley immigration lawyer, emphasizes the importance of accessible immigration knowledge. She states that your inquiries are instrumental in empowering individuals globally to overcome geographical limitations and achieve their aspirations.

For those in people operations, founders, or individuals seeking employment in Silicon Valley, Sophie welcomes your questions for future columns.

Extra Crunch subscribers gain exclusive access to weekly “Dear Sophie” content. Utilize the promo code ALCORN to receive a 50% discount on a one- or two-year subscription.

Dear Sophie:

My fiancé currently holds an H-1B visa in the U.S., with an expiration date approximately a year and a half from now.

We had initially planned our wedding for last year; however, both of us desire a celebration with our families and friends. Consequently, we opted to postpone the event until the pandemic subsides. As a U.S. citizen, I intend to sponsor my fiancé for a green card.

What is the typical timeframe for obtaining a green card for a spouse? Are there any recommendations you can offer?

— Sweetheart in San Francisco

Dear Sweetheart:

Congratulations on your upcoming marriage! It’s truly wonderful to learn of your plans to build a life together.

I recognize the desire to have a large wedding and celebration. However, to mitigate the possibility of your future husband needing to depart the U.S., I advise you to consider a civil ceremony promptly, followed by the immediate filing of the green card application.

Consider listening to the podcast created by my colleague, Anita Koumriqian, and myself. It details the intricacies of applying for a fiancé visa (should your fiancé reside outside the U.S.) or a marriage-based green card.

If your husband is already undergoing green card sponsorship through his employer and is awaiting a current priority date, his employer may be able to extend his H-1B visa beyond the six-year limit. This would prevent the need for him to leave the U.S. while awaiting green card approval.

It’s important to acknowledge that U.S. Citizenship and Immigration Services (USCIS) is currently experiencing substantial processing delays due to COVID-19 restrictions and a surge in applications.

Currently, USCIS processing times for marriage-based green card petitions can exceed one year.

Tips for a Marriage-Based Green Card

Here are some recommendations to facilitate the process of obtaining a marriage-based green card for your future husband:

• Ensure all documentation is complete and accurately prepared.
• Maintain copies of all submitted materials for your records.
• Respond promptly to any requests for additional evidence from USCIS.

Seeking Employer Assistance with Green Card Costs

Considering the potential benefits to his company – avoiding the protracted and expensive procedures associated with employer-sponsored green card applications – your fiancé should inquire about company coverage of the legal and filing fees for a marriage-based green card. It is likely his employer will still need to initiate the process for an H-1B visa renewal on his behalf.

Generally, marriage-based green cards, when founded on a legitimate marital relationship, are processed more rapidly, require less documentation, and incur lower expenses compared to employer-sponsored alternatives. This is particularly relevant if your fiancé originates from India or China, where substantial delays are common due to annual numerical limitations and per-country quotas for employment-based green cards.

Unlike employment-based pathways, marriage-based green cards for immediate relatives are not subject to numerical or per-country restrictions. Consequently, you can simultaneously submit Form I-130, which validates your familial connection, and Form I-485, the application for permanent residency, a process known as concurrent filing.

Engaging an Immigration Lawyer

The process of submitting a petition to sponsor a spouse for a green card can appear simple on the surface, yet it necessitates considerably more than merely completing the necessary paperwork. We frequently assist couples who have attempted to navigate this process independently and subsequently encountered difficulties or faced denial.

A skilled immigration lawyer is equipped to provide guidance throughout the filing procedure, ensuring your fiancé(e) maintains their legal status. They will also prepare you for the mandatory USCIS interview and can attend with you.

During the interview, your legal counsel can aid in responding to inquiries from the interviewing officer, present supporting documentation, and meticulously record any required follow-up actions.

A common question we receive concerns whether USCIS officers view the presence of an attorney at an interview negatively. In reality, the opposite is often true.

The officer’s role is often simplified when they know a couple is represented by an immigration attorney who has already determined the marriage is bona fide – established for love, not immigration benefits. This also offers significant reassurance to professionals with demanding careers.

It’s important to understand that law firms employ varying fee structures. If selecting a firm that bills by the hour, ensure you are thoroughly prepared before any consultation or phone call. With a flat-fee arrangement, confirm precisely which services are encompassed.

The majority of immigration law firms utilize a flat-fee, project-based pricing model for the majority of their services.

Assessing the Need for a Co-Sponsor

It's important to ascertain if securing a co-sponsor will be necessary when petitioning for your spouse's green card. Sponsorship can be achieved independently only if you meet specific income requirements.

Specifically, a minimum annual income of approximately $20,000 is generally required to sponsor a spouse without additional support. This figure is derived from the U.S. poverty guidelines for a two-person household, but will be adjusted according to the size and composition of your specific household.

Documentation Requirements

The documentation needed varies depending on your employment status. Those who are self-employed will need to demonstrate business ownership.

For self-employed individuals, acceptable proof includes a copy of the business license, statements from the business bank account, and copies of filed tax returns. Employed individuals must submit different documentation.

If you are employed, an employment verification letter from your employer, along with recent pay stubs and tax returns, will be required.

When a Co-Sponsor is Essential

If you are currently unemployed and lack sufficient assets, such as significant savings, a co-sponsor becomes necessary.

A co-sponsor must be at least 18 years old and hold either U.S. citizenship or a valid green card; a family member is often preferred. Legal counsel can provide guidance throughout this process.

Honesty in Government Interactions

Providing false information to government officials constitutes a criminal offense. This can lead to significant repercussions, such as the rejection of a green card application, deportation proceedings, or a permanent ban from re-entering the United States.

However, it's crucial to understand that volunteering unsolicited information may not always be advantageous. Only respond directly to the questions asked.

Seeking Legal Counsel

Should you have a history that could potentially impact your immigration status, full disclosure to your attorney is paramount. This allows for a comprehensive evaluation of your situation.

A qualified legal professional can accurately assess your eligibility and construct the most compelling argument possible in your defense. They can guide you through the complexities of immigration law.

Importance of Accurate Representation

• Eligibility Verification: An attorney ensures you meet all requirements.
• Case Preparation: They build a strong case based on facts.
• Strategic Guidance: Receive advice on how to navigate potential issues.

Remember, proactive legal consultation is often the most prudent course of action when dealing with immigration matters. It can mitigate risks and maximize your chances of a favorable outcome.

Ensuring Accuracy in Your Case

Errors in your application can lead to significant delays or even rejection. Even when represented by legal counsel, diligent attention to detail is crucial.

Key Steps for a Successful Filing

• Always utilize the latest version of the appropriate forms.
• Provide complete and thorough responses to every question asked.
• Substantiate all claims with supporting evidence and documentation.
• Adhere strictly to all established deadlines.
• Ensure proper signing of documents, keeping signatures within designated boxes for scanning purposes.
• Employ only blue or black ink for all signatures and form completion.
• Remit the precise filing fee amount alongside your submission.
• Dispatch paperwork to the correct address and maintain tracking information.

Don't hesitate to contact us if further clarification is needed.

Wishing you and your future spouse all the best as you embark on your shared life!

Sophie

Do you have a question for Sophie? Submit it here. We retain the right to modify submissions for conciseness and clarity.

Please note that the information contained within “Dear Sophie” is intended for general knowledge and does not constitute legal counsel. For a comprehensive understanding of the limitations of “Dear Sophie,” please review our complete disclaimer. Direct inquiries can be addressed to Sophie at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is accessible on all popular podcasting platforms. She is currently accepting applications for potential guests!