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 - We have Iranian nationality and have had green cards for 4 years . My wife has a plan to stay with her family in Iran for 2 months. Does it delay her approval for citizenship?  We are going to apply for citizenship next year.

A - A two month trip should not be a problem assuming you have a total of 2 and ½ years accumulated in the US since permanent residency was granted (at the time your fifth year anniversary of permanent residency rolls around) and no long gaps (exceeding six months). I’ve got some good articles on residency requirements for naturalization at www.visalaw.com/abcs.html.  

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Q - Employer agreed to submit application on behalf of me for H1 visa however i have completed high school +4 years working experience in the required field (IT).

I saw in the visa requirements it is mentioned that you should be BACHELOR. On the will of employer/job requirement is it possible to get H1 visa on high school education?  

A - I do see problems here. H-1Bs are reserved for people in specialty occupations. Specialty occupations are those jobs normally requiring at least a bachelor’s degree. If you lack a bachelor’s degree in the correct field, you would need to show you have relevant work experience for at least three years for every year of university you are missing (and US bachelors programs require four years of education so this means at least 12 years of work experience if you have no higher education). I would, of course, recommend you speak with an immigration lawyer, but on the face of it, you don’t seem eligible for an H-1B.  

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Q - I received a green card  in 2002. I am applying for US citizenship now. I have a question about the N-400 form. I do not know whether I need to answer 'Yes' or 'No' for the following question: 'Are you a male who lived in the United States at any time between your 18th and 26th birthdays in any status except as a lawful nonimmigrant?' The reason for my confusion is: My birth year is 1972 and I came to the US in 1996 on an H1B visa. I was in the US when I was 24 years old. I applied for the green card in 1998 and I have filed my I-485 on 2001. So, could you please kindly tell me whether I need to select the answer as 'Yes' / 'No' for this question?  

A - The question is aimed at figuring out if a person failed to register for the draft, something generally required of all males between 18 and 26 except non-immigrants. Since you were in H-1B status until age 29, the answer to the question would be no since you were in a lawful non-immigrant status.  

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Q - I have J-1 visa and I am subject to the 2-year residency rule. If I am to leave the US for two years then to apply for an immigration visa from my home country, how would the consulate check for my compliance? Would they get my passport and count the days?

A - The burden is on the J-1 visa holder to prove he or she was in the home country. Passport stamps, travel documents, banking deposit and withdrawal records, pay stubs, bill receipts, rent records, and anything else that proves your whereabouts can be presented.  

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Q - I lived in the USA in 1980 with my first husband and two children. My husband wanted to return to Europe and we had no choice but to go with him. I have since married an American and am an American citizen. My daughter is 31, a British citizen, and wants to immigrate to America now. Can she reinstate her green card, as she had no choice but to leave with her family at that time?  

A - You will most likely not be able to reinstate your daughter’s abandoned green card. I am assuming that you were not a US citizen when your daughter was born.  

In all likelihood, if you wish for your daughter to be come a US permanent resident, you will have to file a petition on her behalf. It will take a minimum of 5 years before she is eligible to be granted US permanent residence.