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.
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Q- I became a naturalized U.S. citizen in 1985. I am applying for a green card for my mother who is now 80 years old. She came to visit us over a year ago and has continued living with us. She has been a widow for many years. I am filing form I-130 for her and also I-485 and I-864. As a Canadian she did not need any visa until the last year or two and so she does not have any I-94. She has never worked here. Do I have to submit a medical examination report for her with the other forms?
A - She’s still subject to a medical exam regardless of her age. She doesn’t have to be fingerprinted in the process, however, since she is over age 74. That’s the only difference she’ll see in the process versus a younger person.
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Q - I am on an H-1B visa which will expire in September 2010. My wife and two children just got H-4 visas, but they are not in the US yet. My wife’s visa expiration date is September 2010. When I get an extension of my H-1B status in 2010 for three more years, what will happen to my wife's status? Does she have to go out of the country and re-stamp the visa or she can stay with me on behalf of my new I-797?
A - Once your wife and children are here, they'll have I-94s valid probably for the same length as yours. You can extend their stay along with yours and they can remain after the expiration date of their visa as long as they keep the I-94s valid. Be sure they don't have an I-94 expiration date that is earlier than yours. Should that happen, you might be able to get the I-94s corrected or, if that doesn't happen, then you should make sure to file to extend their stay before the I-94s expire.
Note that if they leave the US after their visas have expired, they will need a new visa stamp to reenter. But, again, as long as their I-94s are not expired and an extension of stay is filed in a timely manner, they should be okay. As always, discuss with your immigration lawyer.
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Q - I am currently on H-1B Visa and my wife is on H-4 visa. I have heard that she can work in volunteer and non-profit organizations and also that if they file her H-1B she is exempt from the H1B quota. Also she can get paid on the volunteer job?
A - True volunteer work for a charity- work that a US worker would normally not be hired to handle - is normally okay on an H-4. You should talk to your immigration lawyer about the specific job duties in the position your wife is seeking. If they are considering paying her and filing an H-1B, however, I suspect the position needs a work visa. A charity is not automatically exempt from the H-1B cap, but if there are close ties with a university or a non-profit research institution, they may have an H-1B cap exemption available.
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Q - Can I petition for my mother to come to the US if I am a citizen and married?
A - If you are a US citizen petitioning for a parent, your marital status does not matter.
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Q - If my visa R-1 will expire and I leave the US just before my I-94 expires while my form I-360 immigrant religious worker petition is pending, can my I-360 still be approved will it be automatically rejected by USCIS?
A - You do not need to be in the US while an I-360 is pending. As long as the employer still has a position for you, that would be the key thing.
