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 applied to the D-V lottery last year(2003) but I have not heard from them, so do I conclude that my case was not processed?

A - That's a safe assumption. All winners have been notified already.

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Q - Can a USC step-child file for his step-mother?  The USC child (now naturalized) was less than 18 years of age when his father married his step-mother.  The father is still married to the step-mother.

A - If the stepparent relationship was created before the child was 18, then the child is considered the same as a biological child and can sponsor the stepparent for a green card.

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Q - I am 37/male/single.  My parents filed a petition for me under F2B category when they were only permanent residents of US holding the green cards. My priority date is 11 June 1997. My father recently became a naturalized US citizen in April this year. How does this affect my immigration process? My F2B priority date is 11 June 1997. The current F1 priority date is 1 Nov 2000.

A - You automatically converted to the F1 category when your father naturalized. You can now process in that category using your original 1997 priority date. If you are outside the US, you will need to notify the National Visa Center of your father's new status. If you are in the US, you can proceed to filing to adjust status to permanent residency at a local USCIS office.

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Q - I am currently married to a US citizen for 4 yrs.  I am a permanent resident.  She has put in the initial papers to file for a divorce.  I had my conditional status removed about 5 months ago for my permanent residency. We have 2 children who were born here in the US. What would be the implications for me remaining here in the U.S. and am I able to apply for citizenship.  Any help on this topic would greatly be appreciated.

A - You should not have a problem remaining in the US. However, you'll have to wait five years to apply for citizenship like everyone else rather than three years as a spouse of a US citizen.

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Can someone that is currently out of status (but entered legally) marry and then apply for permanent residency?

Yes, section 245(a) of the Immigration and Nationality Act would permit this. No waiver would be necessary. That would not have been the case if the person entered without inspection.

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A helpful reader sent me this note that I wanted to pass on to readers. I appreciate the correction and encourage readers to let me know when we err:

In the 11 October 2004 issue of Siskind's Immigration Bulletin, in the Ask Visa Law section the question was asked “Where can I download the form FD-258 ( Fingerprint Notification Form for Military personnel)?”

You responded with the following information:

“The FBI has it online at http://www.fbi.gov/hq/cjisd/PDF/fpcardb.pdf .”

According to USCIS that is wrong for the following reason:

“This is not acceptable because the ORI is incorrect.  We don't want to send our fingerprint cards to CJIS.  Plus, the ORI code is supposed to be the ORI of the facility that's taking the prints.”

The forms are available in the military supply system.  The stock number for the FD-258 is 0104LF0069600.  If it is a military individual who is filing for their citizenship this is the only acceptable fingerprint card.