Q - I am a Salvadoran Temporary Protected Status applicant. My daughter who is 4 years old came to the U.S. on April 2004. Can she apply for T.P.S. based on my status? I did put her name in my initial application.

A - Your daughter is not eligible for TPS if she just arrived last year. There are circumstances under which one can file late for TPS but the applicant still had to be here on the date of enactment. Here is a link to a web site with all the information on TPS.

*****

Q - Is it possible to receive H-1B status for a job of only 10 hours a week?

A - Yes. There is no minimum number of hours per week for an H-1B approval.

*****

Q - I have a brother who is a US citizen living in Florida can he sponsor me?

A - He can sponsor you for a green card, but expect a wait of at least a dozen years because of a limited number of visas in that family category.

*****

Q - My husband who is incarcerated has been once before an immigration judge about 4 years ago.  He was told he would be deported back to Mexico and a detainer was placed on his parole release.  Will he have to appear before a judge again before being deported and if not how long can they detain him here in the US before deporting him to Mexico after his prison release?  Also will immigration automatically pick him up at prison or may he be released and then deported later?

A - It sounds like he has already been ordered removed and the Service is just waiting for him to complete his sentence.  They can hold him while they are in the process  of removing him.  It usually takes about 90 days to be removed.  If removal is not forseeable because of a lack of travel documents or because the country will not accept him, he may be released on bond and an order of supervision.  This most likely not the case in Mexico. 

They will not release him before removing him.  Sometimes they will allow him to be escorted to his home to pick up what articles he needs to take with him.

*****

Q - I am working at a university with my OPT permit. Currently, my H-1B application is pending. Recently, I got a job offer from a for-profit company. I want to move to and work for the company with my OPT permit. Can I start working for the company and then apply for a cap-subject H-1B visa while my non-cap-subject H-1B application is pending? Of course, before I move to the company, I should cancel the contract I made with the university.

A - That's a tough question because the rules in this area are very unclear. I believe that the only way you could do something like this would be if you were seeking concurrent H-1B approvals and you probably would need to get the university job approved first.

You did not say what type of degree you received. If it was higher than a bachelor’s degree, you may be eligible for one of the new 20,000 slots opening up next month.

*****

Q - I have a brief visa question for you.  I work for a law firm that represents an infant who was severely burned in an accident 5 years ago.  A suit is pending; however, the only witness to the accident is located in Jamaica.  Is there a special Visa that he could get for purposes of testifying in a civil trial?  I read your article on S-Visa's, and was wondering if there is a civil counterpart.  Otherwise, would a B1 Visa be proper.

A - The B-1/B-2 visitor visa is the appropriate category. I probably would provide a letter explaining the purpose of the trip, provide the witness with a roundtrip ticket long enough only to cover the expected period needed to be here in connection with the suit, and verification from you that all of the witnesses expenses here will be covered. It would also help if you could provide something from the court backing you up on the need for the witness to come here to testify and requesting the consular officer grant the visa.