Each issue, the lawyers of Siskind Susser Bland answer basic immigration law questions in order give readers a general idea of how the US immigration system works. Note that immigration law is highly complicated and changes rapidly and the information in these questions may not apply to your situation. Readers are urged to consult their own immigration lawyer before relying on anything in this column or in the newsletter as a whole. If you would like to submit a question, email ask-visalaw@visalaw.com.  

Q - I originally came over on a K-1 visa, got married and within 2 years applied for change of status.  I successfully adjusted my status to conditional permanent residency.  I have been approved for my unconditional residency and am currently waiting on my card to be mailed to me.  I understand that this card is valid for 10 years.  My question is what would happen if the marriage did not last?  

A - If you are approved for unconditional permanent residency, then the later failure of the marriage will be a non-event from an immigration standpoint except that you would not be eligible for citizenship until you met the five year residency requirement (as opposed to three years if you are married to a US citizen).  

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Q - Is it true that President Bush signed an immigration law that says that once you have lived in the united for more than ten years you can be granted a green card. I came as a visitor and have lived in this country for more than ten years.  

A - There is no new law about this. However, there is a longstanding law that allows an immigration judge to grant someone in deportation proceedings a green card if:  

1. the person has been in the US continuously for ten years or more

2. deportation would cause an extreme hardship to a US citizen or permanent resident spouse or child and

3. the person has not had trouble with the law.  

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Q - I would like to extend my H1B visa. Is it possible to do this in the US ?  

A - No. The visa stamp can only be renewed at a US consulate. Before 9/11 visas could be renewed in the US , but that policy has been gone for a while. There is a proposal to bring back visa renewals in the US , but there is nothing to report on that yet.  

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Q - I have applied for I-140 and I-485 simultaneously in March 2003, and my I -140 was approved in July 2003 (National Interest Waiver).  As of August 2006, I have not yet received the Green Card (Adjustment of Status pending, with the case being stuck at FBI name check process).  So, my adjustment of status has already been pending for more than 3 years.  Could these 3 years be counted towards my 5 year "green card-to-citizenship" requirement?  In other words, after I do get my green card, do I still have to wait 5 years before applying for the US citizenship?  

A - Unfortunately, you do not get credit toward citizenship for the time your adjustment application is pending. You must actually be a permanent resident for the clock to start.  

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Q - Can more than one person apply for the I-130 application for a beneficiary in order to eliminate any possibility of denial of any visa request for the beneficiary?  

A - Yes. A person can be the beneficiary of I-130s from multiple eligible petitioners. And I usually recommend this to clients. For example, if one parent is the petitioner and the other doesn’t bother and then the petitioning parent dies, the beneficiary could be out of luck.