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 date of birth is 08/01/84.  My Mom was a green card holder when she filed a petition for me while I was 19 years old (12/01/2003).  I am now 23 and my mom has become a citizen. I entered the US legally and I am single (never married).  It took 2 years for the case to be approved (12/01/2005).  Do I benefit from the child protection act?  Do I face any changes on my category or priority date?

A - If you were under 21 when your mother was sworn in as a US citizen, then you are eligible to file a green card application based upon her petition, as an immediate relative. If you were over 21 when she was sworn in as a US citizen, the petition has now automatically changed to the family-based first preference category. If you are Pilipino, you have the option to stay in the F2B preference category. See the DOS Visa Bulletin, for a better idea of the wait times in each preference category. http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.

If you were 21 when your mother naturalized, you are not eligible to apply for the green card at this time. You must wait until a visa becomes available under the DOS Visa Bulletin. You are required to remain in status during this wait. If your previously granted status has elapsed, you may be deportable. You should meet with an immigration lawyer to discuss this question and the qualifying under the Child Status Protection Act.

*****

Q - Do there is a "grace period" to visit the US after the end of a H2B visa?

A - H-2Bs are entitled to a ten day period of stay beyond the period of validity on the H-2B approval notice.

*****

Q - I have a one-month old American-born child. My husband and I are both foreign nationals here on B-2 visas. We have not overstayed. We wanted to know if we can we stay permanently in the US with my child?

A - This is a common question and the answer is that while the child is entitled to remain in the US , the parents are not and the child can only sponsor the parents after he or she turns 21 years old. If you take your child with you, he or she can certainly come back later in life with an American passport.

*****

Q - If the Vermont Service Center says they are processing I-130s for K-1 and K-2 cases filed in August 19, 2007 and our case was filed on August 10th, does that mean that an officer has already completed our case and about to send us out notices that it has or about to go to the visa center in New Hampshire?

A - The processing time reports are just general averages and many cases take much longer than what is reported. They just provide a general idea of how long to expect. If your case is taking 3 or months longer than the processing time report, you might want to speak to your immigration lawyer about making inquiries with USCIS. But I always tell clients to not overly rely on the processing time reports.

*****

Q - I am a legal permanent resident and my Green Card is valid until 2015.  I guard my Green Card like the Crown Jewels!!

A friend has told me that I am supposed to carry my Green Card with me at all times but I am reluctant to for security reasons.   I currently have a photocopy of my Green Card in my wallet. Is that okay?

A - Keep a photocopy of the card in a handy place and keep the card in your possession at all times (like your driver’s license). If the card is lost or stolen, you can file for a replacement and get immediate interim proof of permanent residency while you wait on the replacement. USCIS has the following statement on its web site:

The Permanent Resident Card, Form I-551, is issued to all Permanent Residents as evidence of alien registration and their permanent status in the US . The card must be in your possession at all times. This requirement means that you are not only required to have a currently valid Form I-551 at all times, but also that you must carry your currently valid Form I-551 on your person at all times.