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 am a US citizen, and have filed I-130 for my mother who lives in Singapore. Is she able to visit the US before I-130 is approved? Singapore has a visa waiver.

A - Once a green card application is filed, it is very difficult to enter the US. It is possible, but filing a green card application is evidence of immigrant intent, which is a basis for denying entry. If a case is years away from processing and there are strong ties to the home country, that could be enough to overcome the presumption of immigrant intent despite an I-130 file.

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Q - Why does it say that you have to "withdraw all requests for other relief, if you have made any" in a voluntary departure request?

A - If you are issued a notice to appear in court when you have been in the US less than 1 year, then you are only eligible for voluntary departure if you are not requesting other relief such as asylum, adjustment of status, etc.  For example, if you request asylum in this circumstance, you cannot receive voluntary departure.

Once you have been granted voluntary departure, you have 90 days to reopen your case if something new is available to you during that time.

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Q - How can I get a court order DNA test for an alleged child in the Dominican Republic?

A - Try Genelex at http://www.genelex.com/paternitytesting/paternityhome.html or Orchid Genescreen at http://www.orchid.com/businesses/genescreen.asp.

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Q - If someone's priority date comes up before the I-130 is approved, can the person apply for adjustment of status or do they need to wait until the I-130 is approved?

A - In many local USCIS offices, you can resubmit the I-130 with a receipt from the first application. And it should not be necessary to repay the I-130 filing fee. But you'll need to check with your local office on this.

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Q - I work in Dallas, TX and would like to know what is the prevailing minimum salary for a person working on H1B Visa in the State of Texas? The job being that of an Entry-Level Programmer.

A - You can look this up yourself by going to http://www.flcdatacenter.com/.