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 - Can I get a visitor visa to the US while my K-3 petition is still pending?

A - It is extremely difficult to get this. In theory you can, but I seriously doubt a consular officer would approve it since a B visa requires you to show non-immigrant intent. Obviously, the K-3 visa shows the opposite.

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Q - I'm on here on religious Visa. While in the green card process, during on I-360 application, my visa was valid, but later, during I-485 APPLICATION My was expired, does that really matter...?

A - Your R-1 expiring while your adjustment application is pending should not be a problem, but your employer cannot legally employ you unless you have a work authorization document. Also, if you have to leave the US, you will have to reenter with an advance parole document.

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Q - In July President Bush signed an executive order that provides expedited naturalization for members of the military active during Operation Enduring Freedom. My question is, is the law retroactive? For example, does it extend to those immigrants ordered into combat during the first Gulf War?

A - I consulted with Margaret Stock on this. Margaret is on the faculty at West Point and is one of the country's foremost experts on immigration and the military, According to Margaret:

"There was a different order in effect for people who served in the first Gulf War.  That order was issued by President George H.W. Bush (father of the current President).  People can still naturalize under that order if they meet the requirements.

The current order only applies to people who were in the military on or after 9/11/01.  But prior Presidents issued similar orders in prior wars."

Thanks Margaret!

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Q - I am currently in H-1B visa. Can I open a partnership business with my friends? Will my action violate my current status?

A - If you are anything other than a silent partner, you would likely be violating the terms of your visa. You can invest in a business, but not in any way be involved in managing or working in the business. Otherwise, you could be considered to be working illegally. Keep in mind that being paid is not the only test used to determine whether you are working. If you are doing work that an American might expect to be paid to do, even if you are unpaid, you could be found to be working for immigration purposes. If that is the case, you would need a second concurrent approval to work in the second job.

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Q - I'm currently in H1b status. If I want to get one more part-time job and file a H1b concurrent application, would my application subject to the H1b quota? Also, can I start work right away once I submit the application? And finally, do I need to pay the $1,000 again to the government?

A - No, concurrent employment is not subject to the H-1B quota. You should be able to start work right away upon filing the application. The employer would normally have to pay the $1000 retraining fee. However, note that on October 1st, the fee will go out of existence. Congress may later choose to bring it back, but that is far from clear.

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Q - I am a naturalized Canadian citizen born in Nepal. Can I participate in DV lottery program?

A - Yes. Your country of birth would allow you to file as a native of Nepal.

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Q - Can students on J-1 visa doing graduate work here in the U.S. apply for the Green Card Lottery?

A - Yes, a person, regardless of their visa status, can apply for the Green Card (Diversity Visa) Lottery.  However, if the J-1 is subject to the 2 year home country residence requirement (INA 212(e)), then the person will not be able to obtain a green card, even if she wins the lottery, unless she gets a waiver of the 2 year requirement.

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Q - I am currently holding F1 visa and recently got married to an Asylee applying for a green card. My spouse got his asylum status in 2000 and has applied for an adjustment of status to Permanent Resident under I-485 (Asylum) category since 2001. Is there any way for me to stay in the US without holding F1 status? My nationality differs from my spouse's. Is that a problem?

A - Unfortunately, you would have had to have been married to your spouse before your spouse got asylum status in order to adjust to permanent residency as part of your spouse's petition. Your spouse would have to file an I-130 as an F-2A spouse after the adjustment application is approved. That category is backlogged several years, however, so you will need to plan on maintaining your status independently for the next few years in all likelihood.

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Q - I am an international student studying with an F-1 student visa. My advisor over at the International Student Office told me that I "MUST" have health insurance in order to be in status according to immigration law. Is this true?? Also, if it is required that all international students "MUST" have insurance every semester, does that mean that it "MUST" be the one that the school offers or I am free to choose whichever insurance I want. Are there laws that require students to have "specific" type of insurances according to the state and school, in order for us to be compliant with immigration policies and laws, or is it school policies supervised by state legislature?? I would appreciate information and sites where I could check up on these types of laws regarding international students.

A - There is no federal government mandate for international students in the F-1 status to buy health insurance. However, given the extremely expensive health system of the United States, many schools and states mandate it. If your school or state requires it, then you must purchase and maintain it as a condition of your enrollment. For instance, the higher education system in Tennessee requires it from all international students.