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. 

Q - My female friend, a US citizen, filed an I-130 Immigrant Petition on September 9, 2006 for her 20 year-old daughter (born Oct 24, 1986) who lives in the Philippines . She received a receipt notice  dated September 14, 2006 (Sec 201 (b) unmarried child under age 21 of USC) but has not received any approval yet. Is her daughter already protected by the Child Status Protection Act? I mean, can her daughter apply for consular processing of her immigrant visa even when she's already above 21? What steps must her daughter do to avail of the benefits of the CSPA?

A - Her daughter is protected by CSPA and will remain in the Immediate Relative category even after she turns 21, as long as she remains single until she gets her green card. After the I-130 is approved she can file a green card application if she is in the U.S. , or, if she is abroad, she should get a fee bill from the National Visa Center (NVC). If she is abroad and she gets a letter from the National Visa Center saying that a visa is not currently available, then she needs to contact the NVC and explain that CSPA applies.

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Q - How long does it take it to receive/issue the SEVIS receipt after we apply for the DS-2019 form on a J-1 work and travel program ?

A - Once the DS-2019 has been issued by the work/travel program, the SEVIS fee may be paid (the SEVIS ID # from the DS-2019 is needed for the SEVIS fee payment).  If paid online, the receipt is issued and may be printed right away. (thanks go to Connie Burk at the University of Tennessee for assistance with this question).

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Q - I came to US on a K-2 visa with my mother. She had a K-1(fiancée visa). We both got a permanent residency card for 2 years. Pretty soon it's time to apply for an unconditional "green" card. I want to get married. Can I do it and then file papers to remove my conditions, or do I need to wait until I get my card through my mom and then get married?

Plus, can I file papers earlier, or just within 90 days of expiration?

A - Your marriage will have no effect on your green card at all.  You will not be able to file earlier, however.  You will file based on your mom's marriage regardless of whether you get married, so there is no need to wait to get married either.

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Q - As an F-1 student, after getting a BA from a university, I used my Optional Practical Training working at another school for one year. After that, I went to another school for my Ph.D. I will get my Ph.D. in May 2007 and my current Ph.D. advisor is willing to hire me as a post-doc for at least one more year after I graduate. Can I get another OPT for my post-doc? Or, can I get H-1B as a post-doc?

A - Fortunately, the law recently changed and you can get a separate optional practical training approval for each additional degree.

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Q - Is there an official name for the "green card"?

A - It is officially called "lawful permanent residency" or an immigrant visa."

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.