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 German wife has a valid green card. We are going back to Germany but have not decided if we will live there or not. If we decide to abandon her green card, how long will we have to wait until we can apply for another one later on? Also, if we abandon her card, will she still be allowed to enter the U.S. on her German passport for the 90 days like she did before?
A - There's no waiting period to reapply for a new green card once you have abandoned one. After it is abandoned, your wife can, in theory, reenter with the Visa Waiver. However, an immigration examiner can always question whether she really has non-immigrant intent and deny her entry.
***
Q - I lost my green card, in 3 weeks I have to go to Germany, what can I do?
A - If you file an I-90 form at a local BCIS to replace your green card, you can get an I-551 stamp in your passport that can substitute for the green card temporarily. The stamp will normally be provided on the spot.
***
Q - I was just wondering what the minimum age is to be able to apply for a green card under the eb-1 category.
A - There is no minimum age. Keep in mind, however, that the applicant for an extraordinary ability-based green card (I assume that is the EB-1 category you about which you are inquiring) must show that he or she is at the top of his or her field. So for a child to qualify, their rise to the top will have had to happen very quickly. In some fields, like sports and the arts, it is not that unusual for young people to stand at the top of their fields. 11 year old New Zealand actress Anna Paquin won the Academy Award in 1993. 17 year old German tennis player Boris Becker won Wimbledon in 1985. Both would easily have qualified for EB-1s.
***
Q - My sister's had EAD from V2 visa. She is going to be 21 on May 8th. Her EAD expires on May 8th. Her priority date is current and we filed I-485 with i-765 today. Can she work after May 8th even her EAD will be expired?
A - Unfortunately, the EAD does not automatically extend and your sister will not be able to legally work until she gets a new EAD or other work visa.