Ask Visalaw.com

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.

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Q - If parents got their Permanent Resident Cards through the DV-lottery program, but at that time their child was above the age of 21(not married) and the child did not qualify to immigrate with the parents. After the parent immigrate to the US, can they somehow file for their child(above 21 not married) to join them? If they are able to file then, within what period are they able to file? Thank You.

A - They can file for the child's green card after becoming permanent residents, but it will be a long wait. The child will fall under the F2B unmarried adult child of permanent resident category. The wait will likely be at least seven years. If the parents naturalize, the time can be cut.

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Q - If the H1-B holder will not be able to work (due to some reason) for longer time period (like 7 - 8 months)- while remaining in US then what will be the effects on his/her status?

A - Depends on the reason for the leave. If it is not benching and the employer has a leave policy that would allow an American employee to leave for the same reason, then you are probably going to be okay. But there are no firm rules on this. So, for example, maternity leave or sick leave are probably fine even for extended periods of time. Note that this would not excuse your overstaying your I-94.

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Q - I enter the US on B-2 visa. Now I am out of status(illegal). I am planning to get married in a few months. Can I adjust to permanent residency if I am illegal? Do I need to go back to my country and wait there for approval?

A - If your spouse is a US citizen, Section 245(a) of the Immigration and Nationality Act should be your salvation. It permits spouses of US citizens who entered the US legally to adjust status in the US.

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Q - Hi, I had a question regarding the replacement of a green card. I had received mine when I was four (I'm now 18) and then there was no renewing or anything. However I recently misplaced it and wanted to know how I can replace it.

A - You would want to file an I-90 form with the INS/BCIS to replace the card. You can even file this application electronically. Go to www.immigration.gov for information on how and where to file the application.

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Q - I am currently waiting for a decision from the INS about my petition for relative (form I130). My question is can I go ahead and apply for work authorization even though I have not heard anything from them. I applied in May 2001.

A - An I-130 application alone would not be enough to support an I-765 work authorization application. If you had an I-485 adjustment of status application pending, the answer would be different. Otherwise, you would need the I-130 to be approved and to have a current priority date that would allow you to file an adjustment application and then an I-765 application.