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 question about green card interview. My sister has recently married her college US boyfriend, and will have to undergo the green card interview. She is very nervous, based on the horror stories she has heard about the grilling process. Can you give some insight about the type of questions she might face?

A - The questions will largely focus on whether the marriage is bona fide or not. Based on our experience, the following factors will make an interview more difficult:

- the immigrant spouse was out of status at the time of the marriage

- the courtship was very short

- either of the spouses have been married more than once before

- the couple is not of the same ethnic background (completely inappropriate and appalling, of course, but reality)

- the US citizen's family is not aware of and supporting the marriage

- the wedding was attended by virtually no one and was performed in front of a judge

- the couple has not merged their finances

- the couple is not yet living together

You should suggest that the couple at least consult an immigration lawyer who can then size up the facts and offer an assessment on the difficulties the couple can expect to encounter.

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Q - I am a Korean international student studying at in the US. I would like to know if it is possible to renew my F-1 visa in the US. The expiration date of my visa is 7/18/2004 while the expiration date of my passport is 12/16/2004.   I am a transfer student pursuing a PhD, so I have a new I-20 (SEVIS).  The approximate complete study date is May, 2009.

If I can renew my visa in US, I would like to know where I should go and what documents I need to do so. Also, I would like to know how long it would take for me to actually receive a renewed visa in hand.

A - It is not possible to renew a F-1 visa in the US and you will have to do it while you're in Korea.  There are only a handful of visa types that can be renewed in the US and F-1 is not included in that list. Go to http://www.travel.state.gov/revals.html for more information.

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Q - I have a green card that was renewed last year after I submitted application.  My wife is a US citizen.  I have and still continue to work abroad in Japan since 1992.  I used to file tax returns initially but was advised that it is not needed since I have no earned income in US.  My last filing was in 1995 or so.  I have an online stock brokerage account in the US which I have been using actively since 2001...prior to that, held equities w/ major brokerage firm. Filed capital gains in Japan. I had a US VISA credit card years ago but terminated it years ago. Last month, I started a new AMEX credit card that I will start using.  I travel for business and pleasure 2-3 times per year in and out of the US (mainland, Guam, Saipan).  I thought by visiting US territory every 6 months, I am safe to hold my green card. I am now uncertain after reading your web site. What do you think about my status?

A - I would, quite frankly, be concerned about your green card status. One of these days you are likely to be stopped at the border and given problems. It is very possible you can be found to have abandoned your permanent residency. In short, you need to document that you make the US your primary place of residence and that when you are out for extended periods of time, it is for good reason and that it does not show your intentions to no longer reside permanently in the US. The fact that your wife is a US citizen helps. But you may find that the main reason it is useful is because you'll be stuck applying for permanent residency again. There are a lot of variables here depending on the facts of your situation and you should definitely consider speaking with an immigration lawyer to assess your case.

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Q - I have an H-1 visa stamp from Mexico for a previous research employer, Now I changed type of job and employer and have new H-1 approval until 2004 June, but will soon be getting extension of stay until 2006.

My H-1 visa stamp will expire in June 2004, can I send it for revalidation to dept of state for up to 1-year after the old H-1 visa stamp (from a different employer, different job category) expires, to get New H-1 for the current employer?

I know you can send for visa revalidation even after h-1 stamp visa expires for up to 1-year, but I thought if it is a H-1 stamp for the same employer that you want to extend.

Is it still ok, if you had visa stamp for a different employer in the past and now request stamp for a new employer and job after that previous employer H-1 stamp expired?

A - As long as you are in the 60-day prior to one year after period for the expiration of the visa stamp, you can use visa revalidation even if you change employers. Our sources tell us that the visa revalidation program is in danger and may be killed soon. It is already taking many months to clear visas so we're advising clients to be careful about using the visa revalidation process to extend visas if there is any possible need to travel in the near term.

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Q - I got my GC about 2.5 years back. I am now considering an offer based outside the country. The company is based here in US with operations outside (India). The company is publicly traded in US and I will be paid in foreign currency during the tenure. I plan to file for the Re-entry permit and N-470 to keep the GC going and eventually go for Citizenship.

Will I be eligible to apply for N-470 (to retain continuity of residency, while being outside). Is it true that one of the requirements here is, 1 year of continuous stay in US without any break, after acquiring the GC? What documentation is required to be produced for N-470.

A - If you are eligible under Section 316(b) or 317 of the Immigration and Nationality Act to file an N-470 application to preserve your residence for purposes of applying for naturalization after going abroad for an extended period of time, you do have to have a one year continuous period of residency in the US after having gotten your green card. There is no official list of documents that would be the right ones to submit, but I would generally suggest sending your tax return for the years in question, pay stubs, bank statements, a letter from your employer verifying you were here, a complete copy of your passport, credit card statements, utility bills, etc.