ASK VISALAW.COM

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.

Q - I am a student from Mexico that is interested in a residency program in the US. I'm looking for an attorney to get a working visa so I can get money from my residency. What do I need for this; I'm finishing my medicine school in 2005 but I am going to make the USMLE step 1 in October (2002).

A - There are two visas available for medical residents. One is called a J-1 visa. It is usually the easier to secure, and residency programs typically handle the paperwork without an attorney. There is a serious disadvantage to this visa, however. It comes with a requirement that you go back to your home country for two years after your residency program. Even if this is your current plan, you may find that your intentions change once you are here. Also, a relatively recent requirement that one pass a skills assessment first is becoming a problem. The assessment is only offered in Philadelphia, Pennsylvania and many doctors are having trouble getting visitor visas for the purpose of coming to the US for the assessment. We hear that the assessment may be offered overseas in the future, however. The better option is often the H-1B visa, which, while it is more complicated and has more requirements, is the more flexible visa and you have the ability to remain in the US when your residency program is over. Not every residency program will sponsor your H-1B visa. This is often because it is more expensive and time consuming, not because it is in your best interest.

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Q - My question is on behalf of my brother-in-law. He is on Student Visa and his parents are Permanent Residents. Can they sponsor him for a permanent resident visa so that his status gets adjusted to a permanent one?

A - His parents can sponsor him for a green card. Unfortunately, the wait will be very long - typically several years. They can shorten the wait by becoming citizens, however.

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Q - What is the benefit, if any, for filing a Form I-824 (Application for Action on an Approved Application) with the INS on an H-1B visa so that the INS will notify a consulate, port of entry, or pre-flight inspection office of this approval?

A - Usually this is not necessary because a consulate will typically accept a case with just the I-797 approval notice presented by the applicant. In some cases, the consulate will not accept this, so the I-824 may be needed. But this would be unusual.

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Q- Can I, a U.S. citizen sponsor my 5 year old step daughter in applying for residency?

A - Yes. Since the child became your stepdaughter before age 18, she is treated the same way as a biological child.