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 travel agent and my client, while legally here, has an expired visa stamp in his passport. Would he be able to travel to Puerto Rico and be permitted to come back to Virginia, since for most purposes these days Puerto Rico is considered part of the US?

A - Flights to Puerto Rico are considered to be domestic flights.  Therefore a passport is not necessary.  However, if someone is flying to Puerto Rico from a foreign country, then it will be an international flight, and the person will need valid US immigration documents to enter the island.  In the case of your customer, if he is departing from a US airport and flying directly to San Juan, all he needs is his driver’s license to board the plane. 

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Q - I heard rumors that there is a time restriction on how long a visitor can stay.   

My mum is coming to visit the USA. She is over 70 yrs. old. She already has a US tourist visa. Can she stay for about 2 months with me? I am a permanent resident here.

A - While the Department of Homeland Security considered a regulation that would have shortened the standard amount of time visitors are granted on a normal visit. But they did not go through with the change.  Immigration inspectors still normally authorize stays of six months. Extensions are possible on any given trip. What is always key in these cases is whether a visitor can show that they have strong ties abroad and will go home when their authorized stay in the US is over.

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Q - My spouse and myself are in H1 and H4 visas. Can either one of us start a small business on our own?

A - The only way you can earn money in a side business would be to get a separate H-1B for that business to employ you. You can go through the preliminary steps of setting up a business without violating your visa status, but actually working in the business once operations commence could cause you to be found to be working without authorization even if you forgo being paid.

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Q - I need help. I lost my passport and visa. I’m a foreign student. I need to know what should I do in order to get a new one?

A - You should contact your home country's consulate/embassy in the United States for a replacement passport.  You must do this immediately.  You can find information about every foreign embassy in the US at www.embassy.org  If you also lost your I-94, you must file for a replacement using the immigration form I-102.  I suggest that you contact your international student for assistance with that.  If you lost your I-20 as well, then you must contact your advisor to get a new one immediately.  Unfortunately, there is no quick solution for the visa.  Because you are already in the US, you do not need a valid visa.  You only need a valid passport, I-94, and I-20.  Because you don't need to renew your visa while in the US, there is no way of doing it.  Therefore, you will not be able to get a new visa until you leave the country and apply for a new visa using your new passport.