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'm presently working on an H1 visa in a part-time job. Is it possible for my employer to apply for a Green card for me while I work part-time or do I have to have a full-time job for an application to be made?

A - You can be working part-time, but the job serving as the basis for a labor certification needs to be a full-time job.

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Q - I was denied (3x) a M-1 US student visa due to insufficient ties in my country of residency and as a result, the flying school has withdrawn their sponsorship. My question is can I still get another flying school that will sponsor my M-1 US student visa application. May I know what are my chances in getting an approval from another US flying school?

A - Unfortunately, you will have a VERY difficult time qualifying for a student visa once you have been denied - even once. You need to present your best case at the outset. Prior denials make consular officers very suspicious and they take an even tougher line on later applications.  You are probably going to have to look at another country at this point or wait to come to the US on a work visa later on. If you want to try again, some would advise letting some time go by – maybe two years or so.

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Q - A gentleman friend of mine has permanent residency for two years and is the father of two boys, aged 13 and 15 respectively, who are in Romania. He is divorced from their mom. She has given permission for the boys to visit and to attend school here, etc. Are his children automatically granted a green card upon application or is there a waiting period? What application form would he use?  Is it better for his kids to come here on 1-20 visas for a student exchange program? They may get an offer from a private school) and hold off on applying for permanent residency for them? Can the kids come here on a visitor's visa earlier in the summer and then proceed with their I-20 status for the school year?

A - The kids will need to file a "following to join" application. This will take several months to process at the consulate so you need to give yourself time. It is going to be tough to get student visas as children of a green card holder because of the question of their intentions to immigrate. The same goes for visitor visas.

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Q - Hi. Could you please tell me how long after a J1 physician waiver is approved one should join the job in an underserved area?

A - You are supposed to start work on the H-1B within 90 days of approval of the waiver unless you are waiting on the H-1B visa to be approved.

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Q - I'm a legal resident here in the US and I'm having a baby on September 2004. I would like my mom to come and stay with us. She has a B-2 visa valid for 10 years, how long could she stay? How can I justify to the INS that I need her to stay as long as possible?

A - She can normally stay for six months initially on her B-2 status. She can apply for an extension and will probably get six more months. Extensions beyond that are usually much more difficult to get so you should begin thinking about a long-term strategy that does not rely on the visitor visa if your intentions are for her to remain longer.

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Q - Is there a comprehensive list of countries that are considered "other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea?" which are included in the automatic revalidation of visa provision in 22CFR41.112(d)?

Although Belize is no longer a British territory, would a nonimmigrant who would ordinarily be eligible to return to the US with an expired visa do the same if he visited Belize? 

A - Actually, the definition of adjacent islands come from 8 CFR 286.1:

“(a) The term ‘adjacent islands’ means Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, the Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique, Miquelon, Montserrat, Saba, Saint Barthelemy, Saint Christopher, Saint Eustatius, Saint Kitts-Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre, Saint Vincent and Grenadines, Trinidad and Tobago, Turks and Caicos Islands, and other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.”

Also, only Fs and Js are eligible for the islands; whereas all other visa types are eligible for automatic visa revalidation when they're traveling to contiguous territory (Canada and Mexico) for less than 30 days.  So, if an H-1b travels to Jamaica, she will not benefit from automatic visa revalidation.  If a J-2 travels, the following will apply:

“Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba.” (22CFR41.112(d)(ii))

As you can see the regulation draws a distinction between the Fs and Js and everybody else.

So, how does this apply to Belize?  As you know, Belize used to be called British Honduras and was a British territory.  That changed in 1981.  Belize has been an independent state then and joined the UN.

According to the detailed (and surprisingly objective) CIA World Factbook, “[t]erritorial disputes between the UK and Guatemala delayed the independence of Belize (formerly British Honduras) until 1981.  Guatemala refused to recognize the new nation until 1992.”  (http://cia.gov/cia/publications/factbook/geos/bh.html)

So, since it is not an island, and since it is not a British territory anymore, I don't think automatic visa revalidation will work.