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 question regarding form DS-156. I'm going to apply for H4 Visa. Previously, my H1B petition was denied when I was in US. 

Under question 31, “Have you ever been refused US VISA”?

Should I answer yes or no to this question?

A - A visa is only applied for at a consulate. Sounds like you were denied H-1B STATUS, which is not the same thing. If a consulate has never denied you a visa and you never applied for visa revalidation with the State Department in the US, I think you're safe in answering no.

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Q - Do I need a lawyer if I’ve won the green card lottery?

A - People do sometimes successfully manage these cases on their own. But for an explanation of the reasons to consider hiring a lawyer, I'd suggest you read the article on our web site at www.visalaw.com/hal.html.

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Q -  My husband has a green card and will be eligible to apply US citizen 4 years later. I am now in US with H1B status and I can stay with this status for another 4.5 years.

What I am confused is should he give me petition from a green card holder or I am just better wait until he becomes a US citizen?

As far as I knew if the petition is submitted by a green card holder, I need to maintain my own status and wait for 5 years. So, what are the benefits of giving petition from a green card holder?

A - Were you married at the time your husband got his green card status approved? If not, as an H-1B visa holder, an I-130 filed by your husband is not likely to affect your status. However, you would likely find that you will get permanent residency first on the basis of your husband becoming a citizen. Of course, you never know what will happen with a citizenship application and filing the I-130 now might be a good backup. If, by the way, you were married when your husband got his permanent residency status approved, you can probably file now for adjustment to permanent residency.

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Q - My wife is a permanent resident.  We have been married for 3 years, and I am a US Citizen. We are considering doing a debt settlement program, which would reduce our credit card debt total but hurt our credit rating. Would this affect her ability to become a citizen?

A - Credit ratings are not considered in naturalization proceedings and are not considered relevant to moral character.