Ask Visalaw.com

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 - My father applied for me in 1992 and the petition was approved. I got marred in 1996. My father was still a resident alien. My father just became a US Citizen and my priority date is now current. But since I got married I was told that the I-130 is no longer available. Will USCIS respect my priority date of 1992? My father filed a new I-130 and it was approved. But the priority date is 2000 as a married daughter of US Citizen. Can I file now using priority date of 1992? Or do I have to wait for the new application of 2000.  

A - Unfortunately, when you married your 1992 petition became automatically revoked. This is because US Permanent Residents cannot petition for their married children. The fact that your father later became a US citizen did not correct this. You are unable to recapture your 1992 priority date and must wait for your 2000 priority date to become current.  

However, if you are in the United States, you should retain your approval notice from the 1992 petition, as this will allow you to file your green card application under the 1998 "amnesty" as opposed to the 2001 "amnesty", when you priority date becomes current. The 2001 law has the added requirement of proving that you were in the US on December 21, 2000, which you are not required to prove under the 1998 law.  

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Q - I have been in H-1B status for the last two years. I am planning to attend graduate school again in F-1 status. After completion of graduate school, if I apply for an H-1B again, will that H1 be valid for 4yrs or will it be valid for 6yrs?  

A - If you have been outside the US for more than a year, you would be entitled to six more years of H-1B status when you complete your F-1 studies. Otherwise, you’ll only be entitled to the balance of what was left on your H-1B before you moved in to F-1 status.  

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Q - I have a situation which I cannot find addressed at the USCIS website.  I entered the US as a baby in 1960 (from Canada ). I have an old I-151 green card. It does not have an expiration date on it. I have just become aware that I now need an I-551 Permanent Resident Card.  What form do I need to fill out in order to get my I-151 updated into a I-551?  

A - You'll need to submit an I-90 form which you can find at www.uscis.gov.  

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Q - I am a permanent resident and I am about to foreclose my house. Can it affect my citizenship application? Do they check my credit report?  

A - I'm sorry to hear about your financial problems. Fortunately, credit problems will not factor in to your getting a green card as long as you can otherwise show you're making an adequate income and have not accepted any type of public assistance.  

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Q - I am trying to find out if J-1 visa holders are exempt from paying into FUTA or just FICA withholding on an employee’s paycheck.  

A - J-1s are exempt from FUTA. You can see which groups are exempt at http://www.irs.gov/businesses/small/international/article/0,,id=131639,00.html.

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