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 an Italian citizen traveling to the United States as a tourist. My girlfriend lives in the United States. I know that you can only resume in the United States 90 days at a time. My question is how many times in a year can I go back and forth to the US or how many days within a year can I be in the United States? Thanks for your help.
A - There is no limit on the number of visits you can make in a year. However, if you travel too frequently to the US and you don’t appear to be maintaining a residence in your home country, you could be denied either because an examiner thinks you are an intending immigrant or because of a suspicion that you are working illegally in the US. I would recommend spending at least a few months back in Italy in between US trips.
*****
Q - I am currently on H1-B Visa. I recently got married and need to change my maiden name. I am not sure if you can answer this but, if the Indian Consulate in Houston issues a new passport with my married name, does that mean I need to go back to get my H1-B Visa stamped again?
A - Typically if you travel with all relevant documents, you should be fine. In other words, if you travel with the old passport, new passport and marriage license, you should be fine. The other options are to file an H amendment or apply for a visa with the new name depending on which document needs to be corrected.
*****
Q - I am a foreign trained physical therapist. If I am filed for a concurrent i-140 and AOS with my wife(Physical therapist also) as a dependent, will she be able to file for an Employment Authorization Document even if my visa application has not yet been approved yet?
A - Yes, your wife can get an employment authorization document based on filing the adjustment of status application even if the I-140 is not approved.
*****
Q - I've been waiting for my green card for 7 years now. Is that true that all backlogs will be eliminated once this bill becomes the law?
A - If the immigration bill passed by the Senate Judiciary Committee (and which is currently being debated by the full Senate) passes, backlogs in most categories would be shortened or disappear. That's one reason why passage is so important.
*****
Q - I recently my green card was stolen, and in this point in time I don't have a clue what to do next can You please send me some info on what I should do.
A - You need to file an I-90 form which can be done at a local USCIS office or done electronically via the web. You can find instructions at http://uscis.gov/graphics/formsfee/forms/i-90.htm.
*****
Q- Can a B1/B2 visitor go to the USA while pregnant?
A - Women who are pregnant can come to the US on a visitor visa, but I have seen cases where pregnant women were given trouble if they try and enter very close to their due date. Because the US offers birthright citizenship to children born here, some port officers are suspicious of intentions for people traveling late in a pregnancy. But this will obviously depend on the circumstances of the trip and the individual's background.