
Ask Visalaw.com
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 - A Friend of mine won the green card lottery last year. She is married and wants to get a divorce. Will her husband get the green card?
A - No. The couple would need to be married at the time permanent residency status is awarded.
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Q – My husband and I are in the US on F-1 and F-2 visa with a baby born here. Is there any way for us to apply for green card because we have to be here to take care of our baby?
A - No, the baby will not be able to help. This is one of the most common questions we get. A child who is born in the US is a US citizen and is entitled to live in the US. But you would have to find someone else with legal status to care for your child if you could not find a visa in your own right. The child could sponsor you, but only after he or she turns 21.
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Q – Can an undocumented immigrant with a pending I-485 join the services? Are there any programs allowing this?
A - My understanding is that the Armed Forces will not sponsor someone for a visa or green card, but if they are legal to work, they need not be a citizen or permanent resident. So if someone has an I-485 pending and has a work card as a result, they would be eligible to join up.
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Q – What kind of documents required for H-1b to leave the country?
A - Depends. Assuming you have the approval notice from BCIS, you would take it along with a letter from your employer documenting the job is still offered on the same terms as approved by the BCIS, recent paystubs, a copy of your application package, the filing fee, non-immigrant visa application forms and your photos.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.