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 - I have a friend that is an US Citizen and wish to make the petition on behalf of her mother and father. She has a brother that is 18 years old. Could the boy apply together with his mother or father and get the residence? or he has to wait for another petition like US citizen sister to brother. Thanks for your response.
A - The parents could not in turn bring in the younger sibling. They would have to become green card holders and then reapply for the other son. Or the son would need to find his own visa strategy that does not depend on the parents.
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Q – My H1 just got approved and i wanted to travel to Canada to get it endorsed on my Passport...i was wondering if US consulates in Canada (Montréal) are still processing these visa's ?? I am; female and a citizen of Pakistan.... thank u for your time
A – They're still processing. You can set up an appointment at www.nvars.com.
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Q – I understand that under the new regulations affecting foreign students, there is a rule that M-2 and F-2 children are prohibited from engaging in full-time study, and that there is a provision permitting current M-2 children engaged in full-time study before January 1, 2003 to continue such study, but requiring an application for change of status to be filed by March 11, 2003. My question is: If the M-2 student doesn't change the status by 3/11/03, will be out of status? The DSO have to notified to the student to proceed with such change of status or should be the student initiative?
A – F-2 and M-2 cannot be degree seeking post-secondary students. However, they can still pursue K-12 education. If they were pursuing a graduate or undergraduate degree and were enrolled before January 1, 2003, then they must apply for a change of status to F-1 by March 11, 2003, or stop studying. If the M-2 does not apply for a COS by March 11, 2003, and if she is continuing to study in a degree program other than K-12 education, then the M-2 will be out of status.
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Q - I lost my I-94 and don't know what to do?
A - You would file Form I-102 with the INS. If you don't have a copy of the I-94, you're supposed to show the biographical page in the passport and a copy of the page indicating admission as claimed, or other evidence of your admission. Otherwise, you are supposed to give a full explanation why you cannot give any of the above evidence, along with a copy of evidence of your identity and copies of any evidence in your possession to substantiate your claim. I-102s can take several months to get, but you'll have a receipt and a copy of the application and that might be helpful.