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 writing to you to ask for assistance in applying for an asylum on social persecution grounds (i am a homosexual male, living in a post- Soviet country - Estonia). Being a homosexual I am not eligible for marriage since our laws does not allow same-sex marriage. I am looking forward to reside in a country with more liberal social values and marriage laws. How can you help me in assisting with receiving asylum in the USÀ?

A - I can tell you that I very much doubt you would qualify for asylum on the basis on not being eligible to marry since most US states don't allow for this either. Homosexuality can be the basis for asylum claims, however, if your country has a well documented history of discrimination or you have faced specific violence or persecution. You might find the web site at http://www.immigrationequality.org/ helpful. They have a lot of good information there.

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Q - I'm Venezuelan/Italian with a Tourist visa and it intend to come to the US to marry my American fiancé. If I enter with my European passport and then get married is it faster than if I enter with my Venezuelan passport with Tourist VISA.

A – Whether entering on your European passport or on your South American one, you need to be very, very careful. Entering on a visitor status with the intention of marrying and applying for permanent residency could be considered visa fraud. Most of the time, the sfest strategy is to wait several months to marry after entering. I usually recommend at least three months. That would tend to favor entering on the South American passport. But if you really want to do this the safe way, you should come on a fiancé visa. The wait is longer, but you will have the peace of mind of knowing you will not be barred from entering the country or found to have fraudulent intent and deported after your green card interview. The fiancé visa route normally takes six to nine months.

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Q - I am an American. I recently married a Brazilian woman who was previously an international student in the US. I would like to know if she can apply for permanent residency even though when she was a student in the US, she made private student loans that she could not manage to pay and they went delinquent. We do not live in the US anymore, so she does not make enough money to afford all together and the bank could not do much since she is not a citizen and lives abroad, so there were not that much pressure to pay it. But now, I am worried that this will become a problem.

A - Credit problems are not a factor in the granting of a green card so this should not be a serious impediment. Of course, a lender would have the same rights to force the repayment of the loan as they would normally have against any American in a similar situation. Note, however, that you will still need to demonstrate that your household has the income and assets to avoid becoming public charges. If you can’t meet this test on your own, you will have to get someone to co-sign an affidavit of support on your behalf.

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Q - I have applied for Green Card in my last year of H-1B, i.e. 6th. I got my labor certification approved under PERM and my I-140 is pending right now. The 6 years is ending in April, and I have to apply for H1 extension. I was wondering if I can get H1 extension since I have applied GC in the 6th year. I am running out of time to apply for extension.

A - If your labor certification has not been pending 365 days, you would not be able to extend the H-1B on that ground. But there is another provision that might allow you to extend up to three years if the I-140 is approved. This is based on a green card category being backed up. Your immigration lawyer should be able to advise.

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Q - I'm an international student. I'm currently on Optional Practical Training and it expires 05/28/2006. A company is interested in hiring me and sponsoring me an H1B visa. However, they said they can only file me in April 2006 and I will probably get my H1B visa in October 2006. By then, my OPT is already expired. Is it possible for me to extend my OPT? What are my options?

A - Your problem is fairly common. If the employer is not eligible for an H-1B cap exemption, it must wait until an H-1B visa is available if the next allotment of visas that opens up on October 1st. The earliest date to apply for a visa under that quota is April 1st. You will not be entitled to extend OPT. You do get a 60 day grace period after your expiration date that will allow you to remain in the US after your OPT expires, but you cannot work during this period. Some people have succeeded in getting a visitor status during the gap period, but, again, work is not permitted and it would likely be necessary to leave the US to apply for the H-1B visa at a consulate before you could start work on October 1st.  The article on our web site at http://www.visalaw.com/05aug2/2aug205.html may be helpful.