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 - My friend was arrested in the US when he was visiting the country and charged with public intoxication. He pled no contest and was asked to pay $100 fine. In the arrest report the officer reported that his girlfriend complained that he sexually battered her but since she didn't want to appear in court she was satisfied with a public intoxication charge. How that would affect my friend’s visa application in the future? What questions will the embassy ask him?

A - It should not have any effect as long as that is the only conviction. He needs to disclose the arrest and conviction. The fact there is reference to sexual battery in the papers should not affect it as long as there was no conviction. He needs to explain that it was an isolated event and he does not make a practice of get intoxicated in public and that he does not drink alcohol to excess. He does not want to be deemed a “habitual drunkard.”

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Q - I am trying to find out the status of a I130 visa that was filed in 2001. Where would I find this information?

A - You can check the status at the USCIS.gov web site if you have the case number. At the site, click on the link that says “case pending” and then follow the link to “processing times and case status” and then click on “case status”.

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Q - Can a B-2 visa holder own a corporation?

A - This is possible as long as the person has not active role in managing the enterprise. A B-1 visa holder can also go through the process of establishing a company as long as the company has not yet begun operations. At that point, a work visa would be necessary.

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Q - I'm currently in H-1B status, and planning to apply for a PERM labor certification green card petition. Back before my H-1B was approved (change of employer), my initial application with current employer was denied. Later on a new application was submitted and approved and I had to go back to China to get the visa and then came back.

My H1B was approved from 1/18/05 to 1/9/08, but I was in China from 1/30/05 to 2/15/05, getting my visa from the US Embassy. Can I add those days outside the U.S. for my H-1B extension purpose?

A - Yes, your six years of H-1B time is only for days actually spent in the US . So you should get that extra time if you need an H-1B extension.

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Q - I filled the form I-130 for my parents and my sister. Can my sister get interviewed with my parents at the same time? If it is impossible, what can I do to bring my sister with my parents? My sister is 14 years old. Thank you very much.

A - Unfortunately, your sister cannot process jointly with your parents.

They will need to repetition for her in order for them to be her sponsor. And that will mean five or more years of waiting. Both your petition and their petition could be pending at the same time.

This is, unfortunately, a common problem.

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