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 would like to inquire if we can apply for tourist visa (Me and my 5 year old daughter) while we are under petition I-130?  We can guarantee you that we will come back because my daughter is studying here in the Philippines . We are planning to go to U.S. during the Semester break and that would be on the last week of October till the first week of November. We are hoping for your consideration regarding this matter.  My husband left when our daughter was only 2 and a half, and now she's already five. We really long to be together even just for a short period of time.  

A - There is no bar on applying for a visitor visa simply because one has an I-130 pending. However, it can be seen as a negative factor in determining whether the applicant for the visa has intentions to immigrate on the trip to the US . Section 214(b) of the Immigration and Nationality Act is the reason most often cited by consular officials in denying visas. This section bars issuing a visa to intending immigrants. So you will need to carefully document your ties to your country and convince the officer that despite your long term intention to immigrate to the US , you are not intending to immigrate until later. It is an even greater challenge if you are from a country with a high denial rate for visitor visas tied to a high visa overstay rate.  

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Q - I work for a foreign office in the US for more than 15 years, under an A-2 Visa.  I heard that there is a quota of residency cards for Diplomatic visa holders after they live in this country for a certain period of time. Is that true? If it is, where can I learn more about the subject?  

A - Up to 50 green cards per year are available to A visa holders who show that there are "compelling reasons why the applicant or member of the applicant’s immediate family is unable or return to the country represented by the government which accredited the applicant and that adjustment of the applicant’s status to the that of an alien lawfully admitted for permanent residence would be in the national interest."  

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Q - I read your article in ILW.com regarding H1-B teachers.  I am renewing my H1-B and I can't get the right prevailing wage for my code 25-2031.00 Secondary School Teachers, Except Special and Vocational Education. .

This is the prevailing wage for my county, but I don't think it is right.  This prevailing wage is too high.  I am only getting around $35K, which is in accordance with our union contract.  

A - Send a copy of your Union Contract to the SWA and ask them to issue a prevailing wage determination based on the contract.  

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Q - I work for a non-profit presently on OPT. My OPT expires June 30. I wanted to know if I could continue working with this organization on a voluntary basis (non-paid)  for the 60 days grace period after my OPT expires…before I go home to get my visa stamped. Would it be wrong for them to continue to pay for my health insurance and reimburse my mileage?  

A - During your 60 day post-F-1 grace period you are not permitted to work. That includes work for which you are unpaid that one would normally be paid to do. In other words, work that is voluntary by its nature (such as volunteering at a charity doing work that is normally unpaid) would be okay. But doing work that you later expect to be paid to do and the only reason you’re not being paid is due to lack of a visa would not be okay.  

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Q- I have been in the country 6 years, all legal. I changed status several times, from  B1 to L1, then to F1, and I finished my AA 1 month ago. I am waiting for my OPT.  However I never left the country to get a visa, i simply changed status.  

I now want to travel for vacation to Colombia , but I am afraid that they will not stamp my passport at the US embassy in Colombia because of all the changes I've made so far.  

Is there a way to stamp the visa in the border, without leaving the country? is there anyway to guarantee the stamp? since I already have permit to stay, legally, but so far have no permit for re-entry.  

A - Unfortunately, there is no process to apply for a visa from within the US . It must be done at a consulate.