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 am asylee and got married. My wife is currently a student in the USA with a student visa. Also we are expecting a baby. What kind of ways do I have to adjust her status?

A - Unfortunately, until you are a citizen, you're not going to be able to do much to keep her here legally through your own status. The rules for spouses of asylees require the marriage take place before asylum is granted. Otherwise, after you get a green card you can apply for an immigrant visa for your wife. But the wait in that category is several years - probably at least five - and your wife is not entitled to stay in the US while she waits. The likely scenario is that your wife will need to maintain her own visa status. Once done as a student, she'll probably need to get a work visa (such as an H-1B) and then would need to wait until you became a citizen. I'd suggest you consult with an immigration lawyer to discuss the specific options that might work. If you need a lawyer to consult, I can provide this service. Just call my office at 800-748-3819 to set this up.

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Q - I got my H-4 visa extension for 3 years. I would like to know what documents I need to stamp my passport and where to send.

A - You would need to present proof of your marriage (generally, your marriage certificate), copies of your husband's approval I-797 approval notice and I-94, recent pay stubs showing your husband is employed with the right employer and a letter from your husband's employer verifying employment on all the terms approved in the H-1B petition. And, of course, the regular visa application items - forms, fees and photos. You can either apply at a consulate for a new visa stamp or apply by mail with the Department of State. You can find out procedures to re-validate your visa by mail by going to http://travel.state.gov. But note that this is a slow process and most people elect to consular process. We also believe that the procedure of re-validating by mail is going to stop in the near future.

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Q - If you have a pending National Interest Waiver I-140 based Adjustment of Status (I-485) application, can you maintain that AOS application in a valid state and simultaneously apply for Consular processing based on a separate labor certification I-140 petition.

If you have an employment authorization document and advance parole travel document based on NIW I-140 pending AOS, can you use the EAD/AP while you are being processed for consular processing for labor cert I-140?

A - This has never been a question that could be clearly answered. Nothing in the law as far as I read prohibits simultaneously pursuing adjustment of status. But the USCIS will close an adjustment application based on abandonment if it learns that a consular application is being pursued. So if you file an I-824 form with the USCIS to notify a consulate that you wish to pursue processing there, expect the adjustment application to run into problems. On the other hand, if you state on your I-140 form that you want a consulate notified initially and then you choose to adjust status after that, then you probably will not run into a problem.

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Q - I am a permanent resident in the US.  My mom overstayed in the U.S. in 1992 for over one year.  Is there a period of time she has to wait to reapply for her visa?  Is it better for me to apply for her at the immigration office over here or can she apply on her own in her country?

A - First, you have to be a US citizen to apply for a parent to immigrate through you. But once you become a citizen, your mother should not be penalized for the overstay in 1992 because the overstay occurred before the penalties for overstaying did not kick in until 1997 and only cover overstays after that date. Even if they did apply, your mother has been outside the US for more than ten years. If she just wants a visitor visa, she would be eligible now. But having a permanent resident child could be a reason for denying the case since it would possibly be considered to show intentions to immigrate.

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Q - I applied for my kids on my green card for immigrant visas in the Family-based second preference category. Now after gaining my citizenship, can I apply convert their cases to the family-based third preference category?

A - The good news is that you need do nothing. Your children automatically convert to the F1 green card category for adult children of citizens (assuming they are still unmarried). Plus, they will retain their priority date from the first petition. If they married before you got citizenship, however, the news is not so good. Since there is no category for adult children of permanent residents, a married child would have lost their status and you would have to start over with a new I-130 for the F3 category for married children of US citizens.  And they will not retain their priority date from the first petition.