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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Q - Hi - I have Religious visa r-1. Is it possible somehow to make green card with that visa?

A - The two categories are very similar. One key difference is that the green card category requires that you have two years of immediate experience in the religious occupation.

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Q - I am a US citizen, and my fiancée, who has just a student visa, is from the UK.  She likely will not continue in school after the current semester.  If we get married and apply for a work permit and a green card before the semester ends, can she still obtain a green card even though her student visa will have expired before the application is completely processed? 

A - Actually, even if she falls out of status, she would be able to obtain the green card via adjustment of status here in the US. Under Section 245(a) of the Immigration and Nationality Act, a spouse of a US citizen can process his or her green card in the US via adjustment of status if they entered the US with inspection even if they are no longer in status. You would, of course, still need to document that the marriage is bona fide.

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Q - I would like to know do i need to send my tax forms with my naturalization application and for how many past years ( i have not been out of the country more then 6 months)?  The guidebook is not very clear to me on the tax form part therefore i am asking you this question. Thanks

A - No, you do not need to send tax forms with your naturalization application. If you were absent from the US for significant amounts of time, such forms might be helpful in showing your intentions to remain a resident of the US. But this is not the case for you.

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Q - Hello, I am a US Citizen. I filed a petition to my wife I-130 last November. At the same time, I filed a petition I-129 for a K3 Visa. The K3 Visa was approved, my wife is in the US, she already got a working permit. The I-130 is still in processing. They tell me that it takes between 500 to 600 days for a response to the petition. My question is: Does it take that long for a I-130 petition filed by a US Citizen to be answered?

A - Actually, you should now forget about that I-130 and re-file it along with an I-485 packet at your local INS office. The original I-130 receipt was needed for K-3 processing, but it has now served its purpose. You'll still need to get an I-130 approved, but it can be done in conjunction with your I-485 filing at the local INS office.

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Q - My mother (a permanent resident) applied for my Green card in 2b category in Mar. 1996. Now she just became a U.S. citizen. Will it be faster to obtain my green card if now she applies for me again as a U.S. citizen, or not?  

A - She does not need to apply again. As long as you are not married, your March 1996 petition automatically converts to a Family 1st preference category petition. Unless you are Mexican or Filipino, that category is up to March 1999, which would allow you to process the green card right away. If you are in the US, you or your lawyer could apply now for adjustment of status. If you are outside the US, you or your lawyer would need to alert the State Department. By the way, if you are looking for an attorney to handle this for you, please let me know.

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Q - Upon reading the Siskind's Immigration Bulletin, I became aware that the INS is now offering an online case status check system. I must say that I was very happy to see that. Upon visiting the site and entering my receipt information I was basically given the same information that I received from NOA base on my application N-400. The only difference is that the time frame to process the application. One of the questions that I have in regards to this new system is that how often will the site be updated with new information? 

A - I believe it is drawing from the same database as the phone system. On the INS' web site, they say that the site is updated several times a day.

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Q - Hi - I am on H1 visa and filed the I-485 about 5 months ago for me and my family. My question is my son who is on H2 visa wants to work as a part time in the YMCA can he do that or can't.

A - I presume your son is on an H-4 visa as the child of an H-1B visa category. H-2 is a work visa category and I presume this is an erroneous statement. Unfortunately, H-4 visa holders are not permitted to work so your son could be jeopardizing his status if he takes a job.

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Q - I am a  Mexican permant resident and have filed for citizenship.  My interview date is in November 2002.  I filed an I-130  (2-B family category) for my daughter (Mexican) in September of 1992 .  Her priority date has not yet become current.  Can I file another petition to change her category to 2-A so that she can get her visa sooner.  If so, what petition would it be?  Or is there another petition that I can file to quicken the process.  Thanks for you help!