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 - If someone obtained there permanent residency by marriage and they have had their green card for about eight months, can the petitioner then change their mind and file a petition to revoke residency?

A - Once a person has obtained permanent residency, a spouse cannot do anything to revoke that status unless they can somehow show that the marriage was entered into fraudulently. It is true that the couple are supposed to jointly file to remove conditions on permanent residency after two years (if the couple was married less than two years at the time of getting permanent residency), but the immigrant does have the right to file individually if they can show that the marriage is no longer intact but it was entered into in good faith.

*****

Q - Will a resident of the Philippines living in Malaysia on a 1 year visa be eligible for a K-1 visa to come to the US ?

A - Assuming all the other K-1 requirements are met, the fact that a person is residing in a country other than the one of which they are a citizen should not be a problem unless the person is in the other country illegally. The consulate will usually need to see that the person is legally residing in the country where they are applying.

*****

Q - In an LLC Company ,is it possible to sponsor someone on a H1B visa?

A - Yes, any type of legal employer can apply including partnerships, corporations, sole proprietorships, etc. That's not to say that any employer will qualify since the employer will need to show an ability to pay, a need for the employee, compliance with various labor requirements, etc. But the corporate structure will not matter as long as the business is a US employer.

*****

Q - I was a foreign student(F-1) graduating from a US college and I'm in the US at present. My wife is an asylee and is in the US as well. She recently filed a petition for permanent residence based on her status since she granted asylum over a year ago. However, I could not apply for a derivative status as her dependent since we married after she was granted asylum here and it turned out I need to wait until she becomes a US citizen.

According to her profession, she could file an employment-based petition for permanent residence. My question is if I can get any immigration benefits such as Green card, work permit, or adjustment to any legal status from her employment-based petition.

A - If your wife pursues permanent residency via an employment-based petition rather than asylum, then you could very well be able to adjust status with her. This might be a good solution and is worth discussing with your immigration lawyer.

*****

Q - I have an approved I-751 (application to remove conditions on green card based on marriage to US citizen) and they stamped my passport with I-551 stamp and told me to wait for Actual Plastic permanent resident card. Can I travel with that stamp? Is there any problem if I travel? Also, the stamp says “upon endorsement serves as temporary i-551 evidencing permanent residency for 1 year.”

A - Yes, the I-551 is valid for travel as long as it is unexpired. It has the same legal meaning as the permanent residency card and as long as it is unexpired, you’re fine to use it the same was as a green card.