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 - I was an international student before I dropped out because of financial constraints. I am now married to a USA citizen and we have one kid together. I have a bad entry in my record. I was taken to court by my wife for a battery and ordered to attend anger management classes. I was also placed under probation for 1 year. We have since then reconciled. My wife wants to file for me papers so that I can become a permanent resident of USA. Do you think my misdemeanor record and being on probation may cause the USCIS to deny my application?

A - If the misdemeanor was committed when you were less than 18 and more than five years before you apply for permanent residency, it will not be a problem.  If the maximum penalty that can be imposed was less than one year and you were not sentenced to a term of imprisonment of more than six months, it will not be a problem. 

If neither of the above apply, you may qualify for a waiver if you can show that the crime was committed more than 15 years before your application for admission, you are not a threat to security of the US, and you have been rehabilitated.  You may also get a waiver if you are the spouse, parent, or son or daughter of a US citizen or lawful permanent resident and your spouse, parent or child would suffer extreme hardship if you were not allowed to enter.

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Q - My wife is here on an H-1B Visa & I am also in H-1B status. Can we both apply Green Card through different employers?

A – Yes. In fact, this is quite comment and a good backup in case one of the applications falters.

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Q - I'm on by my F-1 Optional Practical Training until July 2005. I've my bachelor’s degree from United States. My H1-B Visa was rejected on October 1st due to the cap being reached.  Can I apply for my H1-B visa again on March 7th or 8th 2005 when 20,000 new visas will be issued?

A - Unfortunately, the new 20,000 visa separate H-1B quota is for people who have graduate degrees (masters or higher) from a US university.

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Q - My sister, who is an American citizen, petitioned for me back in 1998.  I now have found an employer that is willing to sponsor me and petition for me.  My question is since my petition is pending with my sister, I am covered by the 245i, which means that I will not have to leave the country to adjust my status, but can that petition grandfather the new employment petition that the employer will submit?  Will I still be covered by the 245i with the new petition?

A - Yes, if you find a new basis for permanent residency, 245i should cover you for the new petition (assuming 245i covers your case).

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Q - My conditional green card expired on November 20, 2004, I did file the  I-751 application to remove conditions before Aug.20 and receive a letter from Nebraska center confirming they got my application and fee.  Problem is that Nebraska center is backlog on I-751 until 07/15/2003, so if I want to travel outside the country, what should I do?

A - The I-797 receipt you received from Nebraska should have language on it stating that it is evidence of your continued legal residence for a one-year period.  Take the I-797 with you when you travel and it will get you back into the US.

If you get to the end of the one year and you have not received approval yet, make an appointment with your local CIS office using Infopass and they will stamp your passport for an additional year.