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 - I read the Bulletin religiously.  I would appreciate if you consider these 2 questions for publication. "My mother is in the process of getting her green card as parent of US citizen (my sister).  I am currently 20 years old.  If my mom files a petition for me before the 21st birthday, would my place in the 2A preference category be preserved even after I turn 21?  If my sister also files for me as sister of USC, would it be valid since there already is an outstanding petition?"

A - Unfortunately, it would not be enough that you are under 21 when your mother files for your green card. You need to be under 21 when a green card becomes available to you in the visa queues. But the wait will be several years. You can subtract from your age at that point the amount of time your I-130 will have been pending. But it is pretty unlikely that it will have been pending longer than the time it will take for your place to come up in the queue.

As for your sister, you can have multiple I-130s pending from different relatives. This is quite common.

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Q - I am on a J-1 visa and subject to the two-year residency requirement related to a Fulbright I received to come to the US. I plan to fulfill the requirement in pieces by spending periods of time in Germany over the next years. What kind of evidence do I need to provide to the State Department that I actually spent the time in my home country. In addition, if I stayed, lets say several months in Germany, would brief visits to other countries be subtracted from that time?

A - You must serve the home residency requirement in your home country. Time spent in other countries - even brief periods - don't count. As for documenting that you have been in Germany, remember that the burden is on you. You can show passport stamps, pay stubs, bank statements, receipts, rent records, etc.

By the way, while I used to tell Fulbright recipients that waiver applications were hopeless, that has largely changed for the better in recent months. 

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Q - When I was 3 years old my parents brought me to the US under the intent of staying here for only months.  I am now 17, and needless to say our visa has long expired.  I have recently tried filling out college applications for fall 2004 and find that I keep running into numerous problems, such as my status, and my alien registration number.  Is there anything that could help me at all, or is there a possibility that I would need to move back to my home country and acquire a student visa?

A – Unfortunately, you can basically forget a student visa and just about any other temporary visa given the long overstay. No consulate is likely to give you a visa since you have to show no intentions of remaining permanently in the US. You’re going to probably have to look at green cards or otherwise consider difficult choices. Your very long overstay will not look good even if you are not subject to a reentry bar (due to your being under age 18). I suspect you'll have to hope for Congress to pass a bill called the DREAM Act, which would allow people like yourself to legalize. Other options might be open depending on your parents' situation. You would be wise to at least consult with an immigration lawyer to review your situation. Once you turn 18, the consequences of your overstaying your visa could get worse so this is a good time to discuss your case with counsel.

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Q – Hi. I just became a permanent resident and am married to a US citizen. How long will it take for me to apply for citizenship and be granted? My next question is this: my mother lives in the Caribbean and I'd like to file a petition on her behalf.  Is there anything in my way or in the law that says I have to be a citizen before filing such a petition?

A - You'll be able to apply for citizenship 2 years and nine months from the date your permanent residency was granted (assuming you are still married and together at that point).

To sponsor your mother for a green card, you need to be a US citizen.

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Q - Just want to know if the category you filed during the green card processing also matters in the "third step"--Adjustment of Status? I know whether you filed in EB1, 2 or 3 matters in the I-140 filing, but does it also have effect on the I-485? Often I heard people saying if filed in EB1 you will have a faster processing in I-485 than other categories, is this true?

A - The employment-based category chosen should make know difference on I-485 processing times.

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Q - I’m a Malaysian student in Canada. My fiancé is an American citizen, residing there. If we were to marry in the states with a K1 visa for me, about how long would it take for me to get a PR status? Can I return to Canada to complete my studies immediately after marriage? If so, can I still visit my husband until we live together?

A - You can expect it to take about six to nine months to get a K-1 or K-3 visa. The green card process will vary from place to place and I would suggest you consult our web site at www.visalaw.com/processing.html to check district office I-485 times. Before getting the green card, you can remain outside the US for much of the time the case takes to process in the US. Just get a travel document and then extend it a year at a time until the case is processed. You need to be careful about remaining outside the US for extended periods, however, after the green card is granted or you could be deemed to have abandoned your status and would have to start over. You can learn more about this by reading the article on my web site at http://www.visalaw.com/01jan4/12jan401.html.

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Q - Can an H1-B Employee take leave of absence for personal reasons to go to home country? If it’s possible, what is the valid period?

A - You can always go to your home country and as long as you are returning to the same job you left, you should be fine. If the job has changed, then it may be necessary to amend your H-1B petition or file a new petition.

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Q - I have a pending I-130 application with UCIS and I am planning to relocate to another State. Will I maintain my Application Receipt Number / the original date of my application or will I have to start all over again?

A - Moving will not affect your I-130's validity. However, if you are in the US, keep in mind that you are required to notify USCIS each time you relocate.