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 was detained by the INS a few months ago. Bail was set at $5000. My best friend paid this amount and bailed me out. After my release I reimbursed him. At my hearing I requested the judge grant me Voluntary Departure. My request was granted. The judge did not mention anything about a Voluntary Departure Bond to be posted.

The Immigration Bond papers that we have state that the bond was "Conditioned upon Delivery of an Alien". My understanding is that now my friend can apply for a refund of the bond since the Delivery Bond has been fulfilled and I do not have to go to any future court hearings. Please let me know if this is true or does a delivery bond automatically turn into a Volunatry Departure bond after a court order? If it does not covert then he should be able to get a refund if I am right.

A - The delivery bond does not automatically convert to a voluntary departure bond.  In fact, you have to get government to agree to that sometimes if you cannot post the second bond.  Also, the immigration judge would have had to set a voluntary departure bond.

*****

Q - I'm a foreign student in Canada that just got a US green card. What should I do if I want to continue my education in Canada rather than in US?

A - It is possible to continue your education in Canada but not lose your greencard.  To do that, you need to show that your intention is to reside in the US, and you are in Canada only to finish your studies.  It is a very subjective thing to prove.  You may want to travel to US frequently using your greencard, get a US driver's license, open a bank account obtain a Social Security Number, and perhaps start getting US jobs in your school breaks.  A greencard is a permanent residency and if the immigration thinks that you are not residing in the US then they can revoke it. You might find the article on our web site at http://www.visalaw.com/01jan4/12jan401.html helpful.

*****

Q - How can I change my B2 status to F1 status without going back to my home country? Can I get an F-1 visa in Mexico or Canada?

A - You may be able to apply for an F-1 visa at some of the Consulates in Canada or Mexico.  But you need to check to see who will take your case.  Most of them will not take B-2 to F-1 applications unless the person is annotated as a "prospective student".  Check www.travel.state.gov for links to US consulates. 

*****

Q - I am an International Student from India studying in Canada.My Student Visa and Authorization here has expired.It expired on the 13th of September this year.Instead of getting it restored i want to move to the United States for the last year of my studies.I have got an I-20 from a school there. I have 90 days to leave Canada or apply for the restoration of my status here. I have a 10 years multiple B1/B2 visa and have been regularly coming and leaving USA for the last 1 1/2 years now. If I go with the proper documents to the border will i be allowed to go in as a PROSPECTIVE STUDENT and then allowed to apply for a F1 visa?

A - It may be possible to enter as a prospective student, but the chances are very slim.  If you already have an I-20, and if you know the school that you would attend in the Spring semester, you are probably better off applying for an F-1 visa in Canada and entering 30 days before your school starts.  If that is not feasible, you may want to enter with a tourist visa, and then a month before your school starts, you may want to return to Canada or to your home country to apply for an F-1 visa.  But most immigration lawyers would likely recommend getting the F-1 visa at the outset.

*****

Q - I had been on H-1B visa for 2.5 years and then changed to a J visa.  Now after being on a J-visa, I am on the verge of converting to a H-1B again. Will I now have a fresh/new 6 years on my new H-1B OR will I have only 3.5 years. In other words, will my old H-1 years be counted towards the total duration of my H-1. I will truly appreciate your response.

A - Unless you departed the US for a year, you're still going to be using up the original six year limit.

*****

Q - I am a recent MBA graduate on an employment card searching for employment in the U.S. I qualify for lots of positions and get invited to various interviews. However, as soon as companies find out I need a  sponsorship in the future, they turn me down. I am sure that there is a trick to properly presenting my situation. Could you recommend an approach to better handling this situation? What should i tell them and when (up-front, or later after they get to know me?)

A - First, I would not bring up your immigration status until asked. An employer who learns that he needs to sponsor you right away may not bother to even consider you. But if an employer has a chance to get to know you, it will be less likely that they will reject you on this ground alone. If you are not in the strongest bargaining position, you can do a few other things that will help:

1. Let them know you have an immigration lawyer and would be happy to have the lawyer explain the process so that there are no mysteries.

2. Let them know you will pay your legal and filing fees (to the extent permitted by law) yourself.

3. Let them know you will pay to premium process your case so you will only have to wait a few weeks for the visa (assuming H-1Bs are available and not capped out).