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.

I am a landed immigrant in Canada. Do I need a visa to attend school for 4 months in the US? What kind of visa is this?

Yes, landed immigrants in Canada need visas to come to the US including student visas. You would need a visitor visa to come to look at schools and you would need an F-1, M-1, or J-1 student visa to attend a school. You can find information on these student visa categories on our web site at www.visalaw.com/abcs.html.

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I had an H4 visa and now have a green card stamp and I am planning to proceed with a divorce. If I don’t receive my plastic green card can my divorce cause me any trouble? Can my husband send any letter now that would  cause any problem in getting my card? How much time does plastic card normally takes? 

If you have the I-551 stamp, that is the legal equivalent of having the physical green card. The main difference is that one is valid for a year and the other is valid for ten years. Since the green card was not based on a marriage to a US citizen, it should not be conditional and a divorce would not have an impact (unless, by very remote chance, the USCIS believed there was fraud involved). The only reason to be concerned would be if your husband somehow tried to claim that your marriage was not real. In that case, there might be an issue with visa fraud. Of course, that might expose your husband to liability as well. And it might not look good to a divorce judge if your husband resorted to this kind of behavior.  If you relocate, by the way, you need to notify the USCIS. The card processing times vary from a few weeks to a few months.

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My L-1 visa stamp has expired.  I have an I-94 valid until 2006. Would I be able to leave US and travel to Canada and re-enter US on an expired visa? 

You may be able to travel to Canada under a process called "automatic revalidation." There are a couple of key requirements:

 - you must be traveling to a "contiguous territory" which would mainly include Canada and Mexico

 - your trip outside the US must be less than 30 days

 - you must not venture beyond the contiguous territory

 - you must not apply for a visa on the trip

 - you must not be from a handful of countries on a special terrorist watch list

 - you must have an unexpired I-94 and be complying with your immigration status in the US

Always check with your immigration lawyer before traveling outside the US with an expired visa.

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I obtained permanent residency through employment in 2002, and subsequently married a US citizen in 2003. When is the earliest I would be eligible to apply for citizenship? Is it the 5-year wait or the 3-year wait?

It is actually both - you must have had your green card for 3 years, during which you were also married to a USC.  Thus you would start counting after whichever was last.

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As a naturalized citizen am I supposed to carry any identification to prove my citizenship while in the US?

No. As an American, we are not required to carry identification. From a practical point of view, you'll probably want to carry identification. If you drive, you must have a driver's license and a very recent Supreme Court decision confirmed the requirement to present identification to a law enforcement officer when pulled over. When you travel by air, you need picture identification. When you make purchases using a check or credit card, you need identification. But none of the documents need identify your nationality, just your identity.

Note that this really goes beyond immigration law and if there are civil liberties lawyers out there reading this column, I’d be interested in hearing from you on this question.

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A helpful reader pointed out a problem in a recent Ask Visalaw.com column and I wanted to pass along our correspondence:

I am writing regarding an answer given in your latest Ask-Visalaw section of your Bulletin. The question was about requesting advance parole while on a valid K-3 visa during the adjustment of status process. While it is necessary to apply for advance parole during the adjustment of status process after entering on a K-1 fiancee visa in order to leave and return to the United States, a K-3 visa holder may travel outside the US during the adjustment process without obtaining advance parole. The information below is from the USCIS website regarding advance parole and the K-3 visa.

Thank you for the great bulletin you publish. I look forward to reading it every week as an overview of recent news and developments in US immigration law.

“Can I Travel Outside the United States?

If you are in K-3 or K-4 status, you may travel using your unexpired
K-3/K-4 nonimmigrant visa to travel outside of the United States and
return, even if you are applying for adjustment of status simultaneously.

http://uscis.gov/graphics/howdoi/hdiknonimm.htm


Advance Parole

Most aliens who have pending applications for immigration benefits or for
changes in nonimmigrant status need Advance Parole to re-enter the U.S.
after traveling abroad. Aliens applying for advance parole on the basis of
a pending application for adjustment of status must be approved for advance
parole prior to leaving the United States in order to avoid the termination
of their pending application for adjustment. Note: this does not apply to
aliens who have applied to adjust to permanent resident status and who
maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status,
or their dependents, who have applied to adjust to permanent resident
status and who have valid H-1B or L status and valid visas, V nonimmigrants
who have a valid V nonimmigrant visa, are in valid V nonimmigrant status
and have or obtain a valid V nonimmigrant visa before applying for
readmission to the US, and K-3/4 nonimmigrants who have applied to adjust
to permanent resident status and who have a valid K-3/4 nonimmigrant visa,
are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4
nonimmigrant visa before applying for readmission to the US.

http://uscis.gov/graphics/services/Emergency/index.htm#Advanced “