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.

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Q - My status is illegal right now. Can I get married with a US citizen if I am illegal here?

A - You can always marry even if you are illegal. The question you probably want the answer to is can you get a green card based on the marriage. If you entered the US legally and overstayed your visa or fell out of legal status, you can apply for the green card under Section 245(a) of the Immigration and Nationality Act based on your marriage to a US citizen. If you entered illegally and have remained more than six months, you would need to leave the US and apply for a waiver of a reentry bar.

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Q - I came into the United States in 1998 on a B-2 Visa. I got married to a US citizen same year and applied for a change of status to permanent resident, however my application was rejected sometime this year. But I've also been a student for over one year in a university in the US and based on this I applied for another change of status to F-1. My question is will I be denied the application for possibly been out of status since my initial change of status application was denied?

A - It sounds pretty likely that your F-1 will be denied. First, you would have had to have continued to remain in valid B-2 status in order to qualify for a change of status. Second, the fact that you applied for a green card will be a major negative in terms of showing you had intentions to return to your home country. Third, changing from a B-2 to an F-1 visa in the US is normally extremely difficult even in the best of circumstances.

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Q - Can i apply for the green card lottery if i was born in United Arab Emirates and i am national of Pakistan or Visa versa?

A - You would be able to apply based on your country of birth. Doubtful the other way around unless you are married to a national of another country or, in certain cases, if your parents were both born in an eligible country.


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Q - I am working as an embedded systems engineer for a Fortune - 500 multinational corporation in the US at their design centre in India. I've joined on 5th May 2003; so I'm relatively fresh. I was required to be at the global HQ in the US for about 8 weeks from the summer in order to obtain much needed acquaintance with software development procedures and practices. I applied for a B1 visa on 17th June. My application was turned down on grounds of "potential immigrant". I'd like to know whether applying for a j1 visa for the second time would improve my chances of obtaining a visa.

A - Probably not. You were denied the B-1 visa on 214(b) grounds and that same category applies to J-1 cases. My guess is that once you are with the company for 6 months, you might be able to enter the US in L-1 status. Employees of larger companies are eligible for L-1s in six months rather than a year under the blanket L-1 programs many of these companies use.


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Q - I am currently holding F1 visa and recently got married to an Asylee applying for a green card. My spouse got his asylum status in 2000 and have applied for an adjustment of status to Permanent Resident under I-485 (Asylum) category since 2001. Is there any way for me to stay in the US without holding F1 status? My nationality differs from my spouse's. Is that be a problem?

A - Unfortunately, you would have had to have been married to your spouse before your spouse got asylum status in order to adjust to permanent residency as part of your spouse's petition. Your spouse would have to file an I-130 as an F-2A spouse after the adjustment application is approved. That category is backlogged several years, however. So you will need to plan on maintaining your status independently for the next few years in all likelihood.