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 - My immigration status is in the Federal labor stage. I was issued a ticket for reckless driving? Will I have any problems in immigration? 

A - This will probably not be a problem, but it depends on exactly how the crime is defined and what the potential sentence is. If the offense is a misdemeanor and the maximum jail time is less than a year, you probably are okay. But you should make sure you have a criminal lawyer and have that lawyer consult with an immigration lawyer before your case is completed.

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Q - I am interested in entering the green card lottery, however I have a question. I am currently single. If I enter now (whilst still single), and then get married, will my spouse be eligible for a green card if I win?

A - Yes, as long as you are married before completing green card processing, it would not matter that you were not married at the time you entered the lottery. 

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Q - Will the new Child Status Protection Act benefit unmarried children of (who turned over 21 years before their visa call) Brother/Sisters of US Citizens (F-4 Category) in any way? A US citizen has filed a petition in Dec 1990 for his brother and his unmarried children under 21 years of age at that time. What would happen to the unmarried children if  they turn over 21 years by the time they would get their visa call in next few months.

A - Such children can potentially benefit if they were under 21 when their parents' priority dates became current. You can also subtract the time the I-130 form was pending from the age of the child for purposes of determining their age at the date the priority date became current. So if a child, for example is 22 when the priority date became current, but the I-130 was pending for two years, then you could consider the child 20 under the law. There is also a requirement that an application would need to have been made within a year of the priority date becoming current so this means that really only people who recently turned 21 would benefit and not people who could have been helped a long time ago. 

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Q - I obtained my green card in July 2000 (through the lottery program). However, I got married to a US citizen in August 2000. To get naturalized, what would be my waiting period ? 3 or 5 years ?

A - The statute is clear in only requiring that you have to be married to a US citizen to take advantage of the three year rule. You also need to show that your spouse has been a US citizen for at least three years and that you have been married for at least three years. It should not matter that you got the green card through another means. 

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Q - I just transfered a H1B visa to a new employer and I was wondering if I can work as a bartender for a Friend 3 nights a week, or that would be consider illegal employment?

A - Unless you had a separate H-1B approval for work as a bartender (which is basically impossible), this would not be permissible. 

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Q - I've read your informative article in ILW.com about Naturalization-Residency requirements part 2. I was wondering if you would kindly answer the following  question: What does the law say about aliens who are married to an American citizen for 3 years (got married and are living here in the US), but their  permanent residency/adjustment of status application (which was filed about 2 months after they got married) is still pending (you know, with the INS' backlog and all)?? Can they apply for naturalization?

A - The residency period for naturalization begins when the permanent residency is actually approved, not when the marriage takes place and not when the green card application is submitted.

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Q - I am a permanent resident. My wife and two children are in adjustment of status with their I-130s filed with the INS. I obtained my Green Card through the Green Card lottary DV-1997. I'd like to know if my wife can file for her work authorization (I-765)  while waiting for her case to be approved. 

A - If she has filed for adjustment of status because your petition for her is current, then she would be able to file an I-765.