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- My brother has many children and he lives in Iraq.  My wife and I are childless.  My brother and his wife want to give us their newborn.  They have received permission from the courts and state dept in Iraq.  I was told by the State Department here in the US that the child may only be adopted if the parents are deceased, the child is orphaned, and the government there has designated that we will be the ones to award the child to, or we could move there for 2 years and adopt the child ( which is not possible at this time).  He also told us we might be able to find an immigration lawyer who may find loopholes around things to get the child here. 

A - The information you received from the State Dept. is correct.  If the child is not an orphan (which clearly he or she is not), you must be able to document two years of legal and physical custody before the child will qualify as "the minor child of a US citizen"  or "immediate relative" for immigration purposes.

Unless you can get the child to the US on a visitors visa, you will have no choice but to spend 2 years with the child abroad before bringing he or she to the U.S. There are no loop holes to this process. 

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Q - My wife, A Palestinian national, was granted resident alien status a few years ago. She has a disability and the Social Security Administration is asking for some sort of Resident Alien ID card. How

do we apply for this?

A - Your wife should have received a green card after she was granted resident alien status. If she never received this, she needs to file an I-90 to get a replacement. You can find this form online at www.uscis.gov.

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Q - I am on H1B Visa working in USA since March 2000. I got my H-1B petition approval in Nov 1999. But I landed in USA & started working from March 2000. How will the USCIS decide how long I have before I hit the six year limit? Will it be until November 2005 or March 2006?

A - Your six years dates from March 2000, not November 1999. The six years is based on time actually spent in the US in H-1B status.

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Q- I got approved for h1 visa as a physical therapist recently. Will the immigration officer at US point of entry absolutely require possession of a VisaScreen certificate? Is that grounds for refusal of entry?

A - You need to present a VisaScreen or equivalent certificate as of July 26th unless you are a Canadian or Mexican who has worked in the US in  TN or TC status prior to September 23, 2003 and had a license prior to that date.

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Q - I was on an H-1B visa in the US (Pakistani Passport Holder) and I recently left the country for visa stamping. Unfortunately, I forgot the exit interview at the exit port. Do you think that they will deport me from the entry port even if I get the visa? Is there any thing that can be done at this stage to solve the problem?

A - Much of the special registration program has been terminated.  Nevertheless, some people can still be subject to the rules.    If you were required to have an exit interview solely because you came in during call in registration, most likely there will be no problem.  If you became subject based on an arrival inspection, there is a potential problem, however.  Unfortunately, there is not anything to do about it except try to re-enter.