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 have a student whose boyfriend has applied for his adjustment of status. He underwent the medical test and is concerned about the HIV test. What would happen if he tested positive?

Would he be deported, asked to leave the country on his own or put under medical surveillance?

A - If he tests positive for HIV, then he will have to apply for a medical waiver and it may be very hard to get.  You can find further information at: http://uscis.gov/graphics/Medical_Exam.htm#pos.

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Q - I am a legal permanent resident and I want to file I-130 for my son who is over 21 and not married. My question is this: can I file I-485 concurrently with I-130?

A - You would need to wait for the priority date for your son to become current before you could file the adjustment application. And that will be several years. Concurrent filing in family situations is only available in immediate relative cases - spouses of US citizens, minor children of US citizens and parents of US citizens.

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Q- My wife and I are Green Card Holders and Indian Citizens.  Through employment based petition 3 years back I got my Green Card and as my spouse my wife got her Green Card. My wife is going to go for 4 months for trip to India.  Last year she had visited India for 2 months. Couple of years from now, I believe we will be eligible for citizenship application.

As far as citizenship application is concerned, 4 months absence from USA, will it cause any problem?

A - 4 months of absence would not be a problem for a citizenship application. You would only run into problems if any trips were more than six months and/or you had not been in the US for half of the five year residency period required to apply for citizenship.

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Q - How long after I have got an H1B visa can I apply for a green card?

A - There's no waiting period. In fact, many people apply for the green card even before they get the H-1B.

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Q - Hi, I am being transferred by my company to the US under an L1.  My wife is already there under an H1-B.  If she wanted to adjust her status to L2 would there have to be a gap in her employment or can she  continue working for her employer until she gets her L2? 

A - Unfortunately, there's no way to avoid the gap since she would first need to be in L-1 status to apply for the employment card.