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 am US Citizen. I applied for my unmarried son for immigration with I-130 in 1999 year (priority date 11 March 1999). We started paperwork with the National Visa Center for him. They sent already forms to pay fees. On December 22, 2006, my son will be married and he would like to immigrate to the USA with his wife. Does it change his PRIORITY date   and if so what priority date would be in his case?  

A - The priority date will remain the same, but your son will automatically move to the Family 3rd preference category. The priority date in that category is December 1998 so you're not far off. The consulate or NVC should be able to advise on converting the case and allowing for the spouse to get permanent residency as well.  

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Q - Do I need a valid visa to visit Puerto Rico or the U.S. Virgin Islands?  

A - No. You will need a valid SEVIS Form I-20 and a valid unexpired Form I-94. Be sure that you do not have a terminated SEVIS record indicating that you are out of status.” 

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Q - I was an employee of Company A and my on site client was always Company B. Recently I got hired full time by Company B and they want to proceed with my green card. The attorney from Company B's side is telling me that I cannot show work experience from Company A for the advertisement because I worked for the same client which is Company B and I got hired by the same client. The attorney is telling me that I have to show experience prior to joining that company for the advertisement and for the labor. But most of my skills I learned at this client which is Company B. I do not understand this logic.

I tried explaining the attorney that suppose a person always worked for a company then it means he can never be eligible for Green Card because he does not have any exp. priority to that company.

Can you please help me about labor petition regulations?

A - I’m afraid your attorney is has the same opinion as me. The regulation on this issue can be found at 20 CFR 656.17(i)(3):  

“If the alien beneficiary already is employed by the employer, in considering whether the job requirements represent the employer's actual minimums, DOL will review the training and experience possessed by the alien beneficiary at the time of hiring by the employer, including as a contract employee. The employer can not require domestic worker applicants to possess training and/or experience beyond what the alien possessed at the time of hire unless:  

(i) The alien gained the experience while working for the employer, including as a contract employee, in a position not substantially comparable to the position for which certification is being sought, or  

(ii) The employer can demonstrate that it is no longer feasible to train a worker to qualify for the position.”  

So as you can see, contract employees are treated the same as actual employees for purposes of a labor certification case.  

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Q - My US citizen mother had petitioned I-130 for my unmarried brother over 21 in age in 2002. The petition is approved and the priority is Nov. 4, 2002. I heard from one of my neighbors that when my brother's priority date will become current, and when he receives his papers for the interview, he can then get married and appear for the visa interview with his wife. Basically, as long as he remains unmarried until the priority date becomes current, he will be fine to get married after the notice of interview date and thus his wife can also benefit from the petition and can accompany him to the United States .  

A - You received bad information, but it still might make sense for your brother to marry before getting the green card. Your brother would automatically convert to the third preference category if he got married before his interview and then keep his original priority date. He would have to wait longer to get the green card, but if he gets the green card and then marries, he would have to wait five+ additional years to get the green card for his wife.  

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Q - When one is considered as an LPR? After issuing visa or after crossing the port of entry of USA or after Alien Registration Receipt Card is issued?  

A - After entering the US .