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'm a US citizen and I  applied for a green card for my sisters, both over 21, 5 years ago. Now that my mom is a US citizen and going to apply for my sisters again, is the time that they already waited counts toward their new application?  

A - Unfortunately, the answer to the question is no. Time spent waiting based on one family relationship won't count for a visa petition based on another. 

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Q - I have a pending I-485 case, originally filed at the USCIS Texas Service Center. There were two recent changes in the status of the case. First, about two weeks ago the status changed to "transferred from TSC to NBC". Last week it changed again to "pending at the office to which it was transferred". In the meantime I need to renew my adjustment of status-based employment authorization document. I would like to send a paper-based application (I do not want to e-file), but I-765 instructions do not clearly indicate where to file in my particular situation. Could you advise me about appropriate mailing address? 

A - File based on where the I-765 instructions say to file rather than where the I-485 is currently sitting.  

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Q - My uncle (a green card holder) has already petitioned for his unmarried son (age: 25). But at the time of visa process his son will not be unmarried anymore. What will happen then? 

A - The petition will be voided if your cousin marries before your uncle becomes a citizen. If your uncle can get citizenship first, the application will survive and then your cousin can marry and still process under the same petition.  His category would change and the wait would be longer in all likelihood, but he would not have to start over.

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Q - My parents are US citizen residing in the states. They (as US citizens) had applied for my immigration on unmarried basis mistakenly, while I was married in 1998 & had a year old son in 2001. Since NVC has approved my case on unmarried basis last year in April, I do not know how to proceed in this matter, where my father unintentionally/mistakenly filed my immigration application on unmarried basis. Any suggestions?
 
A - Unfortunately if you were married when your father filed the I-130 for you, and he marked the petition for an unmarried son of a US citizen (1^st preference), then the petition was not approvable when filed. This means that it is a void petition. There is nothing you can do to save the petition. Your father must file a new I-130 for you, and he will not be able to retain he priority date from the previous petition. You should also consider informing the NVC and USCIS of the error, so that it does not seem like you and your father purposely attempted to mislead USCIS or the NVC.

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Q - I am a UK citizen who received a penalty notice disorder last year for drunk & disorderly conduct for which I paid a small fine. I have booked a holiday for America this winter but recently heard if you have ever been arrested you have to apply for a visa with the US Embassy. I contacted the US Embassy who stated I couldn’t get an appointment until after my holiday is booked and that it could take up to two more months to get the visa after that.  Do I have to apply for a visa? Also would this show up on a police certificate if I applied for one?

A - For travel after January 12, 2009, you will be required to apply for advance authorization to travel to the US as a visitor on the Visa Waiver Program.  This new, advanced authorization is known as ESTA.  Contained in the application is a question asking whether you have ever been arrested or convicted of a crime of moral turpitude.  To determine if a crime is one of moral turpitude, a variety of factors must be considered.  These include the criminal statute defining the crime and the facts of the particular event leading to the conviction.  For example, some crimes of assault are crimes of moral turpitude, but determining whether a specific arrest and/or conviction for assault will involve moral turpitude will depend on which level of assault was committed (simple assault, ABH, GBH).  It is irrelevant that the person may have only been issued a citation and/or paid a fine. 

In your case, you have stated that you were convicted of drunk and disorderly conduct, and paid a fine.  Although it is unlikely, there is a possibility that the crime could be one of moral turpitude depending on the specific facts of the incident.  You should have a consultation with an immigration lawyer to determine if this is, in fact, the case or not.  

Assuming that a conviction for drunk and disorderly conduct is not a crime of moral turpitude, you should be able to tick "no" to the question contained in the application.  You should carry your documentation with you when you travel to the US in the event you are questioned.