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 have a question about how my daughter (a green card holder) can bring her baby to the US without having problems. My daughter, unmarried,23 years old, has had a green card for two years, was a student in international business, went in December 2004 to Germany , started in Jan. - May 2005 an internship in Germany . End of January she got pregnant, came back end of May 2005 and traveled back to Germany end of June. The baby was born in Germany in Oct. 2005. Now her flight is scheduled to come back to the USA end of April and in Sept 2006 she will continue to finish her study. Does she have to fill the I-94 for her baby? If yes, does it mean the baby may stay in the USA just 3 months? What is possible in this case, so she can stay and live with her baby in the USA  without problems?

A - A child born abroad of green card holding parents may enter the U.S.  without a green card as long as the child is under two at the time of the initial entry to the country. You'll want to bring proof of the parent-child relationship. The child is considered a green card holder and you can file an I-90 form to get the card for the child.

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Q - I had a student visa 2 years ago but because of financial difficulties I stopped going to school. i start doing some small business and i read about the EB-5 investor green card program.

I would like to know if my present situation can be an obstacle for filing a petition.

A - You probably can apply for an EB-5 visa and would not be barred because student visas come with I-94s marked "d/s". This means that your stay is tied not to the expiration date on an I-94, but to an I-20 student document. So you will likely not face a reentry bar for overstaying an I-94. Obviously, you'll want to consult your attorney and you should know that you'll ultimately likely have to process your green card at a consulate abroad because of the status violation. I would, of course, remind you that you need to document the source of the $500,000/$1,000,000 investment and your recent financial difficulties may raise questions regarding the source of the funds for your investment.

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Q - I am a US Green Card holder from Canada and my family wants to hire a nanny from Canada .  She is a Canadian Citizen, 40 years old with lots of childcare experience.  Is this possible?  What would the time frame to have her come to California to start with us?

A - It won't be easy. There are few good options available to sponsor nannies other than via the J-1 visa and that is limited to younger nannies (under 26 years old). I've written an article at http://www.visalaw.com/05aug3/2aug305.html that may be helpful. Also, keep an eye on legislation working its way through Congress that would create a guest worker program that will be open to nannies. We could have some news on this in the next few months.

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Q - I need information if there is an appeal process for a B-2 visitor visa denial at a consulate. My relative applied for renewal of her B-2 visa at the US consulate in Guatemala and was denied without explanation.

A - Unfortunately, there is no ability to appeal a denial of a visa at a US consulate. You can only request the consulate review the case again and change its mind.

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Q - Recently George Bush made way for a Canadian Ice Dancer to gain her citizenship sooner than "letting the application take its course" so that she can be an American citizen while competing in the Olympics for the US next month. I was wondering if others can gain advantage from that action by President Bush. I'm a Green Card holder (through work not marriage) for 1.5 years and intend to gain US citizenship.

A - Unfortunately, the case was handled in a way that only the athlete could take advantage. A special bill was passed that was only valid for a couple of days - just enough time to let this case be submitted and approved. However, note that spouses of US citizens already get a break on residency. You are able to apply for citizenship after two years and nine months of permanent residency, two years faster than everyone else.