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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 in a situation whereby my partner of a year has received his green card.  We want to be together in the states. However, my divorce is not through yet. Can we apply for the K visa in the hope it comes through, as we are not sure of the process time for the K visa and children’s visas.  

A - Two problems. First, K visas are for fiancés and spouses of US citizens, not permanent residents. You would be stuck with the very backlogged family 2-A category which could take several years. Also, you cannot apply for a K visa until your divorce is finalized. You will need to either wait a while or pursue something independent of your partner.  

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Q - I lived in the USA as a permanent resident until 1998. At that time I had to return to my country ( Italy ) for family reasons and I returned my green card to the US Consulate. My daughter still lives in the USA and recently she has become a USA citizen. I am now retired and I am no longer seeking any job or employment. I can show proof that I can financially support myself.

If I wanted to move to the  USA and live there permanently, can I apply for reinstatement of my green card?  

A - You won't be able to reinstate the green card, but your daughter can likely repetition for you since she is a US citizen (assuming she is over 21 years of age).  

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Q - I have been selected in DV 2008 program. My family and I want to move to the U.S.A. . Assuming we will get the visas, what is the period of time in which we have to enter U.S.A? If we will still have obligations in our present country, can we go back to finish the obligations without cancel our residence?  

A - Once the immigrant visa is issued, you would have six months to enter the US . You could leave right after that, though you'll have to still start to establish ties in the US in order to avoid being deemed to have abandoned the green card such as finding a place to live, starting to work, opening up bank accounts, paying taxes as US residents, etc.  

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Q - I am a nurse who migrated here through employment with my husband. We were married for a year and a half before migrating to the US . We would like to file for a legal separation. Will his green card be revoked?  

A - It should not be revoked if the marriage was genuine and the basis for entering on the green card was employment.  

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Q - I have a friend in Thailand that would like to get a nanny job in the USA . I am looking into what is needed to do.  

A - The only realistic way for nannies to legally get jobs in the US right now is through an established au pair program. There are a lot of rules for these programs such as the applicant being under 26 years of age and the visas only being valid for one to two years. You can see links to au pair programs on my web site at http://www.visalaw.com/immigrationresourceslinks.html. If guest worker legislation is passed this summer as part of a comprehensive immigration reform bill, we may see a new option.

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