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 - Do tax returns usually suffice for the ability to pay in the I-140 stage? Does the company need to provide the beneficiary’s pay stubs/statements or Quarterly wage reports additionally or only do so upon the request?

A - A company's tax returns are often adequate. However, you have some flexibility and other items like bank statements, payroll tax records and financial statements can work as well.

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Q - What health conditions can prevent some one from entering the USA?

A - There are a number of diseases and medical conditions that can result in a person having trouble immigrating to the US. The article on our web site at http://www.visalaw.com/04mar1/2mar104.html addresses what medical conditions could result in a denial of admission to the US.

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Q - I have a friend who is in the US with a work visa. She is applying for a green card. She is married to a guy from the US. However she is telling me she needs a cosigner for the green card? I’m not sure what this means. Can you help me? She is from Mexico and has been working in the US for 3 yrs. The immigration people are telling me they have to see my income tax info too.

A - It means that her husband cannot show enough income to meet the public charge requirements in US immigration law. If the couple has been living together for more than six months, the wife's income can be considered as well (something a lot of people don't realize). If they still need your help, you would need to sign an I-864A Affidavit of Support co-signor application and would need to provide three years of tax returns.

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Q - I am a Singapore Permanent resident currently in US on a F2 visa dependent on my husband who is pursing an MBA.

I have obtained admission to do a full time graduate program which begins on august 28th,2004 and I need to change my visa status from F2 to F1. I plan to visit Singapore for 2 weeks in May and during my stay convert my status to US student Visa. I will be visiting Switzerland from July to August and returning just before classes.

I came across these rules:

I should apply for student visa only 3 months before I start the program.

I can enter US only one month before my program begins.

Is this applicable for visa conversion from F2 to F1?

Will I be allowed to enter US to join my husband since I will have to return 3 months prior to my program?

A - Yes, unfortunately the 30 day rule applies to people changing from F-2 to F-1.  You can try to explain the situation at the border ans ask for admission at an earlier date, but it is very unlikely that the immigration will let you in.  If you have strong ties in Switzerland (family, etc.), you may want to try to apply for your F-1 visa there.  Before you do it though, I strongly encourage you to contact them to see if they will take your case.

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Q - Please when are the results coming out?

A - I presume you are speaking of the green card lottery that was held in the latter part of last year. Historically, the results are released between April and June, though I have not heard about anyone being notified yet for the last lottery. If readers have heard anything yet, please let us know.