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 wife and my 10 year old son and myself all got green cards four years ago on basis of her brother’s US Citizenship (family sponsered) .But we still mostly live in India. Now we all are finding it difficlt to maintain GC as we have to keep travellng to US. Our intension is to keep GC until next 8-10 years atleast. Now my wife’s sister has also recently become a US Citizen. Can she file, as US Citizen, Form I 130 for my wife and our son even while we are still US permanent resident? If yes, it will give us another chance to get green card after 10 years.Is this possible? Thanks.
A – Unfortunately, you cannot sponsor an I-130 for a US citizen. You would have to give up your green cards for this to work. You might find the article on our web site regarding preserving residency for green card purposes helpful. It is at http://visalaw.wpengine.com/01jan4/12jan401.html.
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Q – I read your article about the new registration rules and I have this question. I appreciated your answer. My application for LIFE Act 1-485 still pending with INS. If I travel utside the U. S with permission from INS -Advanced Parole, when I come back to America do I have to fill out I-94 form or go through the new rules for registration?
A – The new registration rules only apply to people entering on non-immigrant visas, not people entering with parole documents.
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Q – My husband is a US citizen and I had applied for green card in late 1998. I am still awaiting my green card interview (missed the interview once in early 2001 due to address change which was made with the INS around the same time), but in the meantime, my marriage has turned sour. We would like to go for an uncontested divorce. What are my options to remain in the US after the divorce? Can I get an H-1 B visa from a computer company that may hire me on the basis of my computer professional background and experience in the US?
A – If you are no longer in a bona fide marriage before the green card is approved, you cannot get the green card through your husband. You can see about getting an H-1B visa if you find a willing employer in your professional field.
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Q – I’m an Italian, born in Italy living in Colombia since 1999. My wife is Colombian and recently she acquired the Italian citizenship. Does she qualify for the lottery? Could we file two applications?
A – Yes, both of you can claim Italy under the lottery rules.
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Q – I have almost 10 years in this country, I have been out of status for that long. Someone told me I can apply for a grren card after ten years of been here. Is that right?
A – Well, you are only getting part of the right information. IF you have been in the US continuously for ten years and IF you have not had criminal problems or any other problems that would raise questions about your moral character and IF your being deported would cause an extreme hardship to a close US citizen or permanent relative, then you might be granted permanent residency by a judge. Note that you would have to be in deportation proceedings to get this relief (which is called cancellation of removal).
Regards,
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Q – I am married to a US citizen and am a legal permanent resident. I was arrested in New Jersey last week for DUI and speeding. If convicted, apparently this will be considered a motor vehicle violation, not a criminal offence. I’m told the expected sentence is a 6-month ban and a $800 fine, with no
jail time. It’s my first offense of any kind. Has this destroyed my chances of being able to apply for citizenship in the future? Thanks very much for your help.
A – You probably are going to be fine. I can never be sure of such things without seeing the court paperwork, but DUIs typically are not a problem if they are minor in nature and it is a first offense. I HIGHLY recommend you get a criminal lawyer to help you AND you have your criminal lawyer confer with an immigration lawyer to make sure your immigration status is not harmed in the process.
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Q – I’m a Canadian Citizen who’s going through a divorce from an American. In one month it will be finalized. How long do I have to wait to remarry another American?
A- There is no waiting period to remarry that comes under immigration laws. I believe some states have waiting periods in their divorce and marriage rules so you might want to check with a family lawyer in your state to check on this.
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Q – Can H1B holder be self-employed while work for the employer who sponsored the visa?
A – You can be self-employed only if you have an additional concurrent approval for H-1B status for the second job.
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Q – I am a permanent resident. My wife and two children are in adjustment of status with their I-130s filed with the INS. I obtained my Green Card through the Green Card lottery DV-1997. I’d like to know if my wife can file for her work authorization (I-765) while waiting for her case to be approved.
A- The answer depends if your wife really is in the adjustment of status process or not. Merely having I-130s pending does not mean she is adjusting status. Only after she has a current priority date and has filed the I-485 petition package will she be adjusting status. At that stage, she can file an I-765 application for work authorization.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.