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 - Background: Mother files for and adjusts status in the US based on employment. Child files for adjustment of status as a derivative beneficiary of mother and qualifies under CSPA. Child is now over the age of 21. Later, due to a missing document at the time of child's I-485 interview, his case is denied.  

My question is, once a qualified child files an I-485 under the CSPA, is he entitled to only a single opportunity to adjust under CSPA? If his I-485 is denied for reasons other than CSPA eligibility (e.g., failure to submit documents timely, etc.) can he re-file another I-485 based on the same circumstances and still adjust status as a derivative child beneficiary?)  

A - As long as the applicant is covered by the CSPA, they can file a new I-485 based upon the same petition.  

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Q - I am in the Philippine working as physical therapist. My original USA sponsor (A) has applied green card visa I-140 last June 27,2007 and while it is pending, I found another employer (B) who has applied a non-cap H1B visa which was approved until August 31, 2010. I would like to work for sponsor B at the earliest time. What action should I do with my original sponsor so I will not have problems later on? Shall I declare in my visa interview at the US Consulate in Manila about my pending green card application?  

A - A pending I-140 will have no bearing on the approval of an H-1B because an H-1B is what is known as a "dual intent" visa. A green card application is not considered in determining whether an applicant intends to comply with the terms of the H-1B visa. This is not the case for other types of non-immigrant visas (except for the L-1 visa) and is a major benefit of the H-1B.  

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Q -  I am on H1B and I have filed from my 485 recently on July 2nd 07.  I have serious health problem and I need to take 3-5 months rest and
this will be unpaid leave.  I am really worried if this long break will create any problem in my immigration status. I don’t even have my advance parole yet to even travel back to India .  

A - Taking a leave of absence for illness is normally permitted on an H-1B as long as US citizen and permanent resident employees at the company have the same option to take a sick leave. Check with your immigration lawyer, but this is not unusual.  

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Q -As a conditional permanent resident, can I apply for removal of condition when I divorce my spouse? What is the law about it?  

A - Yes, you can request a waiver of the requirement that you jointly petition with your spouse. You’ll need to document that the marriage was genuinely entered in to and that the divorce was not due to immigration reasons. These types of cases are complicated and need to be well-documented so you will definitely want to consult with an immigration lawyer.  

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Q - I am a US citizen and would like to sponsor my mother who is currently living outside the US .  Do I just file the I-130 in the US  or in the local consulate where she lives?  Does she need to be here in the US when the papers are filed?   

A - If you reside in the US , you file the papers with the USCIS regional service center having jurisdiction over your state. You can find out which one when you download the I-130 form at www.uscis.gov. Your mother does not need to be in the US when you file.