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.

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Hello.  I married a US citizen and received my conditional green card in Dec 1999 and the condition was removed in Feb 2002.  I am happily married to my wife. My question is, When can I apply for citizenship?  I know they say 3 years of permanent residency is required and I will fulfill that requirement in Dec 2002.  But I hear from other sources, I can apply after 2 years & 9 months which is 3 months before the 3-year requirement. Is that true? Can I apply now, since it is 2 years & 10 months since I have my permanent residence? Thank you in advance.

You can apply now since it is within 90 days of your third anniversary of getting the green card.

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I heard in a TV program that students who are enrolled in an American College by 2003 and had 3 years studying in this college, can get their U.S. permanent residence. Is this true? Can you tell me more about this subject?

That is a false rumor and has basically no chance of ever happening.

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Has President Bush signed the Child Age-Out law which was passed by the House in July 2002? If so, any INS implementing regulations yet? If not, why not?

Yes the bill was signed by the President. No, there are no regulations yet. But the law does not generally require them.

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I am looking to hire a housekeeper to take care of my son.  She needs to live-in.  I was looking for a site where I could hire someone on a work visa.

You might look into au pair agencies. You can find links to such agencies on my web site at http://www.visalaw.com/immigrationresourceslinks.html. Note, however, that au pairs are not housekeepers. They help with the children and are not maids.

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Last august; I applied for a tourist visa but got a refusal. My fiancé (an h1-b visa holder) came back home last September and we got married. He went back to the U.S. to work and now, I am about to apply for an h4 visa as a dependent. I've got all the papers required but I'm worried about my previous refusal. Will it have an effect on my new application? Do I have to wait for 12 months before I apply for a visa as stated in the visa application procedures? How will I know if I need to apply in person or if I have to use the drop box application?

Your previous denial of a B visa should not affect your H-4 application. H-4 applicants do not need to show non-immigrant intent and 214(b) (the provision of the immigration law under which you were most likely denied) does not apply here. The 12-month wait is, to the best of my knowledge, a wait on applying for another visitor visa.

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How can I obtain Form I-751? Petition to Remove the Conditions for Residence. Can I get it from the Internet?

You can find it on the INS web page at www.ins.gov or on our site at www.visalaw.com/forms. You can download it there using an Adobe Acrobat reader. You can download Acrobat at www.adobe.com if you do not have the free software.

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Hi. If I have a green card in USA, can I apply for permanent residence status for Canada? Will that affect my permanent residence in USA? Please advise. Thanks

Having Canadian landed immigrant status will not cause you to lose your green card per se as long as you continue to reside in the US. If you start reducing your time and ties in the US, you could be deemed, however, to have abandoned your green card. You might find the article on our web site at http://www.visalaw.com/01jan4/12jan401.html helpful.

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Hello: With the I-140 in hand, are both the "adjustment of status" (I-485) and the "consular processing" (DS-3032 form, then I-864) available? Or could the petitioner for the I-140 already request "consular processing" and it is then impossible to switch to "adjustment of status" when receiving the I-140? Thanks.

Concurrent filings are only available when one adjusts status and not for consular processing.

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I am married to U.S Citizen, I apply for work permit card and green card. I have question, my husband has got divorce 3 times, but he has only copy of the last one. Do I need all copies? Please answer, thank you.

Yes, you need all three. You will need to go to the court in each location where the divorce occurred to get a copy of the divorce decree.

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If a person is in the U.S. on a V2 visa (based on approved F2A application), and his priority date becomes current. After his priority date becomes current he applies for a change in status (before turning 21 and aging out). However before the change in status is approved (adjusted), he turns 21. My understanding is that the Child Status Protection Act will protect him from aging out. Is this true?

That is true. The new law should protect you if you age out during the adjustment of status process.

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Can one apply for H-1 visa with waiver from department of state or do you have to wait for the waiver from the INS?

This is a question that has not been clearly addressed by the INS. In the past, it has been fine to apply for the H-1B visa after the State Department has approved a waiver of the J-1 home residency requirement. Recently, however, we learned that some of the INS Service Centers are taking the position that the waiver must be approved by the INS BEFORE the H-1B application can be submitted. Hopefully, we'll get some official clarification soon.

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My lawyer filed an 1-140 with receipt date Feb 2 2000. We also filed an I-485. INS has renewed a workers employment card three times already. They denied a 1-131 in the meantime but is it normal for the i-140 to take so long.

If you have filed for three work cards, that means that your I-485 was filed some time ago. Only in the last few months has it been possible to file an I-485 before the I-140 has been approved. So it seems that the I-140 must have been approved previously. As for why the I-485 is taking so long, that is a good question. Two years is really the maximum processing time that could be considered normal at any of the INS service centers.

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Hi. I am on H1B visa, I am recently married to a green card holder, he has filed for me through this green card, my question is whether I am eligible for EAD now? If so how long it will take?

No, you are not eligible for an EAD either until your priority date in the 2A green card category becomes current or your spouse become a citizen. So you will need to stay on the H-1B visa for a while longer.