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 - When I come to US on an H-1B, I plan to marry my girlfriend who is in the US on a tourist visa.  May I file her for H-4? Does she have to come back to the Philippines for visa stamping?

A - If your Filipina girlfriend is in the US on a B-2 and marries you, she should be able to apply for a change of status to H-4 without having to leave the country. The H-1B is a non-immigrant visa so questions of your fiancé having intentions to immigrate should not be an issue. There may be an issue with her having a pre-conceived intent not to leave at the end of her stay and it might make sense to make sure that some time has passed before she marries and applies for a visa change. I would encourage consulting with an immigration lawyer about that issue.

*****

Q - I have a friend from  Australia  who won the green card lottery about ten years ago, and never did anything with it.  He is wondering if there is an expiration date, if he can still use it after all these years.  He's finally ready to make the move!

A - Yes, there is a time limit on taking advantage of winning the lottery. Lottery winners can only apply for a permanent residency visa in a specific one year period shortly following notification of winning. That period would have passed several years ago.

*****

Q - I am a Russian born naturalized citizen of Australia , entered the U.S. on a visa waiver program. I have a green color I-94 W card called "Departure record". It is valid for 6 months. What do I do to have my stay extended for another 6 months? Do I request "extension of status" like those who entered on B type visas? If yes, how much would you charge for this case?

A - Unfortunately, extensions are not permitted under the Visa Waiver program. That's part of the deal when you skip going to the consulate to get a visa. But I am confused why the I-94W is valid for six months. It is supposed to just be for three months. I’d probably make an appointment with an immigration lawyer and have him or her take a look and advise.

*****

Q - I am a Canadian citizen and moved back to Canada from the US about 1 1/2 years ago. My green card expired in May of last year and I would like to know if I am supposed to return it or just destroy it. If I have to return it to whom and where do I do this.

A - To abandon US permanent residency, you would need to either file a Form I-407 with a consulate or USCIS office or you would need to write USCIS a letter stating your intent to abandon your status and enclose your green card. If you are going to send a letter, use a form of certified mail. You should also consult a US tax expert to make sure that you are aware of the tax implications of abandoning US residency status.

*****

Q - My wife is about to file for I-751 to remove the conditional status of her permanent residency. My question is:

1. Does her time since acquiring her CR-1 status or conditional permanent resident count towards her time for naturalization?

2. After filing an I-751, what keeps her green card from expiring?

A - All time since getting the initial conditional green card counts toward the naturalization residency requirements. As for the green card expiration, a person who has timely filed an I-751 automatically has their green card time extended while that application is pending.