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 - Hello...I am filing a I-751 form Petition to remove conditions. My 2 year card expires on March 26th 2005, so that means it must be sent in on Dec 26 2004.

I called INS and they sent me the form. I have to file through Texas. They sent me (from what I can tell an expired form (Rev. 02/18/04) Y. The stated fee is $145. I got looking at their internet downloadable form and it is Rev. 04/30/04. with a $200 fee. What form do I submit, the one they sent me or the newer form off the internet or both. Also can I mail this package out on Dec 23 2004. I'm going on Holidays.

A - It can be sent in no EARLIER than 90 days ahead of time so any time after December 26th is fine. It does not have to go in exactly on that date. You can download the latest form on the USCIS web site at www.immigration.gov. The site also lists the current fee. Use the form off the Internet. You're fine mailing earlier as long as it does not get their earlier than 90 days.

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Q - I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. I am ready to leave to another company for a similar position. The new company will file my H1-B transfer.  My question is: Once the transfer of my visa is complete and I travel overseas, do I have to get a new stamp in my passport with my new company's name on it? My stamp will not expire for two more years.

A - No, you can use the same visa stamp to reenter as long as you have documentation of your approval for the new position and proof of your employment. Check with your immigration lawyer before you leave to make sure you take the correct paperwork.

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Q - One of my U.S. Marines, Not a U.S. Citizen, born in Mexico, is deploying to Iraq with our protective services detail in February.  My

Marine has lived in the U.S. for 22 years.  He is not able to get a required Official U.S. Government Passport or security clearance until he gets his citizenship.  Is there an express citizenship process for urgent military war time needs?

A - There is, in fact, a new Executive Order signed by President Bush calls for expediting naturalizations for people like the Marine you mention. You can get information at http://uscis.gov/graphics/services/natz/MilitaryBrochurev7.pdf. There is information there on the streamlined process for active duty military personnel.

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Q - My H1B status will expire in two weeks. My company wants to request a renewal, and we know that the renewal process will take 120-180 days before we can receive a final answer.  My question is: Can I keep working and earning a salary during those 120 days while the INS studies my case?  Or should I wait until the case is over and I get my new status?

A - You are permitted to work for up to 240 days while you wait on the answer on an H-1B extension.

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Q - I will be a US Citizen next year, I am planning on marrying a lady who entered the US legally, however, she overstayed her visa after the extension and has been living with kids for the past 5 years. Will I have any problems doing so?

A - If you are a US citizen and your fiancé entered legally, then she should be eligible to adjust to a green card under Section 245(a) of the Immigration and Nationality Act. I’m assuming, of course, the marriage is genuine and she’s not otherwise inadmissible (crimes, health, etc.).