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 came to the US as a tourist with a tourist visa and they allowed me to stay for six month but I stayed for two extra months. Do you think I will have problems or they will punish me if I want to return to the US again? If yes, for how long?

A - Yes, you can expect problems if you overstayed and did not request an extension. Violating the terms of your admission to the US is treating very seriously by both consular officials and border officials. You have not triggered a bar on reentering the US (that would require an overstay of 180 days or more), but overstaying at all could convince immigration officials to deny your ability to enter. I usually recommend not seeking to enter too quickly after something like this happens in order to build the case that you are not likely to overstay your admission period in the US.

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Q - I’m a green card holder and soon it will be four years and 9 months since I have gained permanent residence status. Will I be eligible for citizenship and how long does it take to get a citizenship?

A - If you meet the residence tests, you can apply for citizenship four years and nine months after you get permanent residency granted. As for how long it takes, that depends on where you file. You can see processing times in each local USCIS office at www.uscis.gov.

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Q - I have graduated with MS in Computer Science and currently on Optional Practical Training (OPT). My OPT will end on 10th July 2004. I am working for a school district as a Programmer/Analyst. I have read that higher educational institutions and their related or affiliated nonprofit entities are exempt from the cap of 65,000 visas for the year 2004. My question is, are school districts (K-12) which is a nonprofit entity also exempt from the cap or not? If yes, then I would like to start the H-1 B processing. Please let me know about your fees for the same.

A - The school district that I work at is a non-profit organization so shouldn’t it be exempt from the cap, as I read on the USCIS site that exempt from the cap are institutes of higher education and related entities or non-profit organizations?

K-12 schools are NOT exempt from the cap right now. Only non-profit and government RESEARCH institutions are covered. Getting school districts to be exempt from the cap is a priority for many pro-H-1B advocates, but for now, you are going to have to look at alternatives.

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Q - I received my green card in 2002 and returned to Canada later that year for family health reasons. In 2003 I worked exclusively in Canada, with no income in the US.  I plan to return to the US hopefully next year. Therefore I want to keep my green card. For 2003, do I file a US tax return?

A - Absolutely file a tax return in the US and make sure you file as a resident. You stand a significant risk of losing your green by residing primarily in Canada and you need to be careful about losing your green card status.

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Q - I am here on a H-4 visa. My husband changed jobs and his transfer of h1b has been approved. What needs to be done for my H-4 status?

A - You do not need to change your H-4 every time an H-1B spouse changes jobs. The only time you need to act is when your spouse changes visa categories - e.g. from an F-1 to an H-1B. If your spouse's status gets extended, you can file an I-539 if you want to get your status extended. But you will not need to get a new visa stamp.