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 already filed an I-485 adjustment of status application at the Nebraska Service Center for our 14 year old child. Can we go for a consular processing for the child after filing the I-485 here? The child is studying abroad and cannot disrupt the studies and spend 4 to 5 months in the US waiting on the advance parole document.  

A - It is possible to apply for something called "following to join" where a child or spouse of an adjustment applicant can consular process after the parent or spouse’s adjustment is finished. However, it can be a problem entering the US while the adjustment is pending unless the parents are maintaining H-1B or another non-immigrant status. Definitely consult with your immigration lawyer before abandoning the child’s adjustment.  

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Q - I am an international student who holds F-1 status and I've been dating my boyfriend who has asylum status. What's going to happen if we get married? Is it possible for me to apply for a green card since I really don't want to apply for asylum? How complicated is it for our situation later after we get married?

A - You are not going to get status anytime soon as a result of marrying an asylee, so you don’t really have the choice you think you have. To gain any status as a result of a marriage to an asylee, the marriage must take place before asylum is granted. After the asylee gets permanent residency status, then your husband can file an F-2A green card petition and you can wait several years for a priority date to become current. You may have options tied in to your own status, but you should really consult with an immigration lawyer to explore those possibilities.

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Q - I came to the US on a J-1 visa as a high school student. I changed my status to F-1 student status and attend currently a private university. My parents won the green card lottery and will move to the US this summer. I would like to file for a family based visa. Is it true that I will have to leave the US in order to do this? Or is there any way I can stay here?  

A - Generally, high school students are not subject to the requirement to go back to your home country for two years as other J-1s are. The exception usually comes up when you have received any government funds. You really should have an immigration lawyer examine the DS-2019 paperwork you received for the J-1 visa in order to say with certainty whether you are or are not going to have an issue. If you are not subject to the home residency requirement and are under the age of 21 when your parents’ rank number becomes current, you should be able to immigrate with them. Note that under the Child Status Protection Act, you may be able to be somewhat older than 21 when their rank number becomes current depending on when your parents submitted their lottery application and when they received their notification that they won.  

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Q - I am on H-1B visa currently finishing up 6 years in 2009. I was sponsored by 3 employers in the past for the H-1B and I am pretty sure I was counted in the cap at least once. How is it possible to find out if I was counted in the cap? I looked at the partially available paper work of my filings but it is confusing. Will the USCIS respond to a query for a such a thing?  

A - Really the only way to know if you were counted in the cap is to look at the petition itself or if the application was accepted at a time when the cap was reached, that would be an indicator that you were previously counted. USCIS will not tell you whether the case was or was not counted. You can also figure out the answer if you know the amount of the filing fee that was paid.  

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Q - I'm planning to go to the Philippines in the coming months and marry my long time girlfriend. I know the K-3 visa involves more paperwork and may be a longer process. But this is something my girlfriend and I want to do.  

My question is this: I’m in the process of bankruptcy now, mainly because my house is going thru foreclosure due to the rate adjustments. I make well over the 125% over the poverty wages. My earnings are roughly 33,000. I'm single with no dependants. So will bankruptcy interfere with my spousal petition? 

A - First, I am sorry to hear about your dilemma. But I am happy to tell you that bankruptcy is not a basis for denying a family-based green card petition as long as you can demonstrate you have sufficient income in your household to meet the public charge requirements in the green card petition. Good luck.