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 mother is a US citizen and she filed my I-130 under the 3rd preference as I was married. Now that I am divorced does my application automatically move to the 1st preference or does it still stay under the 3rd preference?

A - You automatically converted to the Family 1st preference category as soon as you divorced. And you retain your original priority date.

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Q - I am a British citizen living and working in the USA on an L1 visa. Recently, I applied for a green card subject to medical exam with civil surgeon. I am a healthy 55 year old but have a condition called Sarcoidosis, which is an immune system disorder. I am worried that this might make me inadmissible to the USA and therefore I will not get the green card.

A - This should not be an issue. There is a specific list of diseases that would render you inadmissible -

1.      chancroid

2.      gonorrhea

3.      granuloma inguinale

4.      acquired immune deficiency syndrome (HIV/AIDS)

5.      Hansen’s disease (infectious leprosy)

6.      lymphogranuloma venereum

7.      infectious state syphilis

8.      infectious tuberculosis (TB) (clinically active)

Sarcoidosis is not on the list so you should be okay. Sometimes, people with health conditions can run into problems if they cannot demonstrate they have the financial means to deal with their health problem. But this is pretty unusual.

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Q - Currently I am working for an American company in H-1B status. However, I have an offer to establish my own distributorship in N.J. For that I am considering to register my own company in the U.S.

Will I be able to get a visa through my own company? If I will open my company, I will not be able to stay with my current employer. What status I might obtain in this case?

A - It is possible to get an H-1B to manage your own company, but it is not easy. You'll need to show that the company is in solid financial shape in order to demonstrate the position is bona fide and the company can afford to pay the prevailing wage. You’ll also need to show that the position really requires a bachelor’s degree. You're going to need to apply for a change of status.

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Q - Is there anything barring an NIV or LPR or other non-citizens from contributing money to a political campaign (but of course not voting)?

A - Only LPRs or USCs can make political contributions, NIVs cannot.  foreign companies operating in the US can't either.  Here is the FEC guidance on the issue:

http://www.fec.gov/pages/brochures/foreign.htm

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Q - For a Canadian citizen after getting the I-797 approval for an H-1B, is it necessary to get a visa stamped from a US consulate in Canada.

A - No, Canadian citizens don't need to go to a consulate for H-1B visa stamping.