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 had an interview scheduled on October 12th in New Orleans and now it is gone because of the hurricane. How do I proceed?

A - We have spoken to New Orleans District Director Stella Jarina.  They are hoping to retrieve the New Orleans files in the next few days.  If your address is the same do not worry, they will contact you with a new place and date. If you have been forced to move, she said to call the 800 number on your N400 receipt notice and give them your change of address.  Her people will check the system for changed addresses once they start to work those files again in the next couple days.

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Q - I filed a battered spouse petition which was approved. I went in to my interview on 9/8 to readjust my status and it was denied. I have been married twice. My first husband and I never consummated our marriage I saw him about 2 years later and he told me he filed for a divorce and was unable to locate me and remarried. After my second marriage, I found my first husband did not file for a divorce. Based on the fact that I was still married to my first husband USCIS denied my request to adjust my status and told me my petition would be revoked. I filed for a divorce on 8/31 ruling my first marriage non pro tunc. The immigration officers would not keep that in mind. What should I do?

A - If you were not properly divorced from the first husband then in fact the second marriage was void.  Typically in situations like this, and they arise often, we have the person get divorced and then remarry.  A second I-485 must be filed because it must be approvable at the time of filing.

However, if the second husband was the "batterer" on which the I-360 was based re-marrying is obviously a problem.  I'm not sure you can overcome this problem because you were never legally married to the second husband and therefore ineligible for the I-360.

Your situation is complicated and I would advise you to talk to an immigration lawyer in your area to discuss an alternative strategy.

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Q - My Brother in law and wife are going to get their H1 visas stamped in London on 23rd Sep'05. They have two daughters who are going to get H4 visas. Since both wife and husband need to travel for the 1st year because of their job situation, they were wondering if they can leave the children in our custody and apply for limited guardianship so they can go to school. I am a green card holder an my husband is a US citizen.

A - Once the children enter on H-4 status, as long as the parent retains H-1B status in the US, it should not matter that they are frequently traveling outside the country. As for transferring custody, I don't believe immigration law addresses this particular situation, but I am not aware of anything in the regulations that would prohibit this type of arrangement.

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Q - I have been a US permanent resident since 8/20/2001.  I understand that I can apply for US citizenship after 5 years of residency.  But someone said that one can count the 5 year period from the date when the petition immigration petition was approved (in my case the date is 11/13/2000). I will appreciate it if you let me know if this is correct--and if so, where I can find the relevant provision?

A - Look on your green card and it will say what day you became a permanent resident. That's the day you can start counting. You can usually apply 90 days prior to your fifth anniversary as a permanent resident.

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Q - I am a 21 year-old student and do not have income at all. Can I file an application to bring my husband from Vietnam to US if my parents co-sign the financial support with me? How much is the required income of a 5-people household?

A - You can have your parents co-sign on an affidavit of support. For a household of five, you'll need to show $28,262 of annual income.