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 applied for my aunt's (62 years of age) US citizenship in August 2007.  The doctor was not finish completing her N-648 medical waiver of the civics/English exam, so we just sent in the N-400 naturalization application.  The N-648 was completed three weeks ago.  Since I hear that the interview will take about 12 to 16 months now, how can I send this N-648 to the USCIS as a supplement?  

A - 8 CFR 312.2(b)(2)  states, "Form N-648 must be submitted as an attachment to the applicant's Form N-400, Application for Naturalization."  

However, the USCIS permits the filing of an N-648 at the time of interview. The N-648 will need to be updated by that point since the N-648 is only valid for a 6 month period. The key issue is to be certain the doctor has made the nexus between the illness and inability to learn English.  

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Q - How long can a spouse wait to come to USA once the consulate grants permanent residency?  

A - One has six months to make entry on an immigrant visa once it is approved by a consulate.  

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Q - Is it necessary to have all employees complete an I-9 every year? 

A - No. You only fill out the I-9 at the time of hire. Section 3 is completed by the employer whenever a work authorization document requires reverification. There are occasions when employees leave and return to an employer and in some cases a new I-9 is required.  

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Q - I had a question regarding H-4 visas. I am currently on an H1B. My wife and i recently got our passport stamped with multiple entry visas. Both of our visas are valid until July of 2009. Her H-4 status on the I-797 is only until August of 2008. Will she need to renew her H-4? And if so, will she have to go and get her multiple entry visas again? Or will her visas on her passport that are valid until 2009 keep her in a good status.

A - You wife should be eligible for an I-94 with the same expiration date as your I-94. If your I-94 expires on or before August of 2008, then there is no need to correct your wife’s I-94. If your H-1B I-94 is valid until July of 2009, then her H-4 I-94 should also be valid until July of 2009. If you feel that your wife should have been issued an I-94 valid until July 2009, you can request a corrected I-94 at your local Customs and Border Protection (CBP) office. You might call them first since most offices only have certain times during the week when they accept such requests.  

If your wife plans to travel outside the US before August of 2008, then you may not need to request a corrected I-94, as she will receive a new I-94 upon reentry into the US . Alternatively, you can file for an extension of your wife’s status. However, she is not eligible for an extension beyond the expiration date on your I-94. If you request an extension of status, her H-4 visa will continue to remain valid until July of 2009.  

Your wife’s status in the US is only valid until the date of expiration issued on the I-94, even if the visa is valid for a later date. Staying in the US beyond the I-94 expiration date will result in your wife falling out of status and her visa being revoked.  

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I am brother of a  US  Citizen. I plan to petition for immigration based on being a sibling of a citizen. Can I file Form I-130 together with Form I-485 and Form I-765? Or do I have to file Form I-130 alone and wait for its approval? If I file the I-130 alone, how can I get an employment card before I get the green card?  

Siblings of US citizens have to wait at least a dozen years for a green card to come up in the F4 category (based on current backlogs) and one is not entitled to file for adjustment until the applicant has a visa number immediately available. That means filing the I-130 and then waiting the dozen or so years. After that, you would be able to file the I-485 and work and travel documents. Sorry for this unfortunate news.