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 - As a U.S. citizen do I require a passport to enter Mexico and return to the U.S for a vacation? Or will a birth certificate be sufficient?



A - You will need a tourist visa and you may request one at your nearest Mexican Consulate or once you are in Mexico. All you will need is your US passport and about $20.00 for the 30 days visa. (Thanks go to Mariano Esparza in our Mexican affiliate office for answering this question. Mariano can be reached at Mexico@visalaw.com).



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Q - Does my wife have to file an I-134 Support Affidavit with the I-130?



It does not say that on the I-130, but I was told we have to.





A - Not with the I-130. Later, you'll submit an affidavit of support when you get to consular processing or adjustment of status.



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Q - I am married in the US to an American Citizen for almost two years now.

Previously I had been studying with a F-1 visa, and I had a work permit which expired last August (H-1 B). We have only recently applied for a green card and my interview is in June. I know it is not always wise to ask others in similar cases, but a friend of mine said that if I get an interview before two years of marriage, I will only receive a temporary green card.

Those who get interviewed after two years get a permanent green card immediately? Is this true? Is there a law for this?





A - You are thinking of what is called "conditional residency." If you are married less than two years when you are set to adjust status to permanent residency, you'll get a two year green card with a requirement that you have the USCIS review your case again and then issue you permanent residency. If you're married for more than two years at the time you adjust, you'll get a ten year normal green card. Keep in mind that you have only limited control over when you're interviewed.



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Q - If a child is relinquished for adoption in a foreign country by two parents is the child considered an orphan by United States standards?



A - If the child is adopted from a government agency and not privately, I believe it will meet the definition of orphan.



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Q - I will be becoming citizen in a month or so and my wife is on H-1B and her son (my step son) is on H4. If I apply for my wife’s LPR what is her son’s status. Can he apply for LPR also or do I have to adopt him and apply for Citizenship?



A - If the son is under 21 and became your stepson before he turned 18, then he should be eligible to apply for green card status along with his mother.





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