The Law Offices of John Vong  is committed to helping individuals, small businesses address immigration issues and provide legal services to help successfully navigate United States immigration law. We assist individuals and organizations in Houston and neighboring cities and around the globe with their immigration legal needs.

We  provide immigration services tailored to the specific needs of each individual, business, or corporation.  We focus on petitioning for U.S. citizenship, obtaining immigrant and non-immigrant visas, and providing detention, deportation, and removal defense.  Whether you or your loved one wants to obtain a legal permant resident card (“green card”) or become a U.S. citizen, we can help.
For our business and corporate clients, we provide legal representation and advice regarding human resources issues related to employment visas, labor certification, and the temporary and permanent relocation of employees.

Immigration FAQ

Over the past several years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on national security, public safety, border security and the integrity of the immigration system. As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of two years, subject to renewal for a period of two years, and may be eligible for employment authorization.

You may request consideration of DACA if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012, meaning that:
    • You never had a lawful immigration status on or before June 15, 2012, or
    • Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Only if you are petitioning for an H-1B non-immigrant and the employee is already in the United States under H-1B classification.  In all other circumstances, you must wait for approval of the petition.

Premium Processing is a special USCIS program that provides significantly faster processing in exchange for an additional processing fee.  For an additional $1,000, USCIS guarantees a decision (note: not necessarily an approval) within 15 calendar days on the following types of visa petitions or applications: H-1B, H-2B, H-3, O, P, Q-1, E-1, E-2, L and TN.

Yes, except in certain circumstances.  The $1,500 (or $750 for smaller companies) data collection fee for H-1B non-immigrants is not reimbursable.  Also, reimbursement is not allowed when it would offset the prevailing wage certified in a Labor Condition Application included in the visa petition.  Lastly, an employer cannot receive reimbursement from an employee for the advertising and legal fees associated with the preparation and filing of an alien employment certification.

No.  It may take from three months to two years to complete the green card process.

Yes.  All non-immigrants and lawful Permanent Residents must register any change of address using USCIS Form AR-11.

Generally not, but under certain circumstances they may.  For more information, visit USCIS.

L-2 visa holders (spouses of L-1 visa holders) and spouses of E visa-holders have recently been allowed to apply for employment authorization.

Each consulate or embassy has different local rules for obtaining visas.  Visit the Department of State to see the websites for American embassies and consulates around the world.

As of 2004, all foreign nationals requiring new visas must apply for their visas at a U.S embassy or consulate outside the United States.

In most circumstances, yes.  However, if the applicant is denied, he or she must proceed to his or her home country.

No, unless applying for E-1 Treaty Trader or E-2 Treaty Investor classification.  However, it is important that the proper non-immigrant classification be requested and conferred at the time of entry to the U.S.