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 - About the DV-2005 Visa Lottery: What if a person that is eligible in the visa lottery gets married after the application is accepted, but before receiving the green card (in the case where he/she receives it)?  Same question, but for people that have the wedding planned just little after the green card is awarder to him/her.

A - If one marries before the green card is granted and can get the spouse's application in and adjudicated before the annual processing deadline, the spouse can get a green card. It would not matter that the marriage had not taken place before the lottery application was submitted. If the marriage takes place after getting the green card, the spouse will be in a queue under the 2A family category that is backlogged about seven years. The spouse would have to wait that long to legally enter the US based on the petition. So marrying earlier is definitely better.

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Q - I am looking at the table of the processing times for different categories. Under Vermont, I am trying to find processing time for citizenship (N-400), but I see a date of 03/03/2003 for N-600. What is the difference between N-400 and N-600?

A - The N-400 is for a naturalization application for someone who wishes to acquire citizenship. The N-600 is just to get a citizenship certificate for someone who is already a citizen.

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Q - Is it true that an illegal Mexican in the United States can apply for a green card if they are here for ten years? How long can an Optional Practical Training student remain in the U.S. before transferring to another school, changing their status or leaving the country after they complete their 1 year of OPT?

A - IF you are in deportation proceedings and IF you have been here for 10 years and IF you have immediate relatives who are permanent residents or green card holders and IF you have no criminal issues, then you can ask a judge for a green card. Obviously, not attractive for most people.

F-1s have 60 days to leave the US or apply for a change of status after the completion of their practical trainings.  Under the new requirements, if they decide to transfer to a new school and obtain a new I-20, then they must begin their new programs within 5 months of the OPT completion date.  This is a very helpful new benefit.

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Q - I was a permanent resident when I applied for my wife to get her the green card about two years ago.  I will become a US citizen in near future, probably in three weeks. Should I file another I-130 form and send all the information again or I should inform the immigration office that my status has been changed and ask them to modify the first I-130 form for my status change?

A - You should be able to take the receipt for the I-130 and re-file the I-130 (without a new fee) along with your adjustment package and the I-130 receipt from the Service Center at your local USCIS office. Let me know if you are interested in our firm handling the case for you.

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Q - Does unauthorized presence continue after an adjustment of status application is filed.  Applicant entered the U.S. on visa waiver on March 11, 2003 and given 90-day stay.  She is married to a U.S. citizen and filed I-485 on Nov. 14 before accumulating 180 days of unauthorized status.  She has applied for advance parole but it will not be issued by Dec. 5, 180 days after her authorized stay of June 9.  Will she face the three-year bar upon trying to return to U.S with advance parole?

A - Filing the adjustment of status application will stop the clock on the reentry bar. So if the applicant overstayed less than 180 days when the adjustment application is filed, the reentry bars should not apply.

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Q - My wife applied for reentry permit in January 1998 and she left the USA. While she was in Pakistan she got reentry permit for 2 years, and then came back to USA a week before reentry permit expiration. Technically she spent more than 2 yrs as she left b4 approval of reentry permit. My question is when she can apply for citizenship. Some says 4 yrs some say 5 yrs. I am not a citizen.

A - Your wife will need to meet several residency tests -

1. At least 90 days living in the district where she is applying;

2. At least two years and six months total time spent in the US in the five years prior to the application being submitted;

3. No break in continuous residence (continuous absences from the US of more than six months are PRESUMED to break residency and absences of more than a year definitely are a problem unless the government has pre-approved an application to preserve residency)

The date of approval of the reentry permit is not relevant. Just the actual dates in and out of the US.