3. Ask Visalaw.com

In our Ask Visalaw.com section of the SIB attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

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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1) Question:

I am in the U.S. in L-1 status. My visa has expired, but my company has extended the petition. Can I go to Europe and return to the U.S. with my expired visa since the petition has been extended? I am from Mexico. If I need a visa do I have to get it in Mexico or can I apply for it in Europe.

Answer:

You will need a valid visa to return to the U.S. in L-1 status. You can get the visa at the U.S. consular post in Mexico. You may also be able to get the visa at a U.S. consular post in Europe, however that will depend on the post where you wish to apply. Some consular posts will issued visas to third country nationals, however each post has their own policy about this. You can usually find out the posts policy on issuing nonimmigrant visas to third country nationals by visiting the posts website. Links to each posts website is available at http://www.usembassy.gov/.

2) Question:

I am an H-1B holder. My husband has a green card. When he applies for his citizenship do I become a citizen with him? Do I have to apply with him?

Answer:

You will not become a citizen when your husband does and you are not eligible to apply for citizenship when he does.

In order to become a U.S. citizen you must first become a permanent resident and be a permanent resident for at least 5 years (possibly 3 years if your husband becomes a citizen). You can become a permanent resident either through a petition filed by your husband and/or a petition filed by your employer. You can speak to an immigration law attorney to find out which option is likely to work better for you.

3) Question:

If an illegal immigrant gets married in the U.S., is there a certain waiting period before their spouse can file a petition for them? Is there an age limit on how old the spouse must be to file the petition? I heard that they must be 21.

Answer:

There is no waiting period between getting married and being able to file an immigrant petition for your spouse. Although in some situations the couple may want to wait between the time the alien enters the U.S. and when they get married.

The petitioner does not have to be 21 to file a petition for their spouse. U.S. citizens must be 21 before they can petition for their parents, but there is no such age limit for filing a petition for a spouse. However, while there is no age requirement for filing the immigrant petition, the petitioner must be at least 18 when their spouse applies for the immigrant visa or green card application as they must be 18 to file an affidavit of support, which is required for those applications.

As a word of caution, if the beneficiary did not enter the U.S. legally then they should definitely speak with an immigration law attorney before filing anything.