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 – If I received approval for my I-140 based on my employment and my husband and I are filing for adjustment of status, do I need to file an affidavit of support for him? And if so, is it the I-134 or the I-864?
A – You would file an I-134 for the family members adjusting with you in an employment-based adjustment of status case.
******************
Q – I am an H1 B visa holder but due to unavoidable circumstances had to come back to India. I just want to make sure that did the company which hired me has cancelled my visa or can I come back to USA and look for new work there.
A – If you are no longer with the company that sponsored your H-1B visa, you cannot legally reenter with that visa. You would need to get a B-1 visitor visa in order to come to the US to interview for a new job.
******************
Q – Hello There! i have romanian passport, i live currently in United kingdom. do i need a visa for a holiday in Hawaii?
A – Yes. You would need to be a citizen of the UK to avoid the visa. Romanian citizens need the visa.
******************
Q – I wanted to find out if TPS has been extended for Sierra Leoneans for the year Nov 2002-Nov 2003? If not is there any discussion going on about that?
A – TPS status has still not been extended for Sierra Leone for 2002 to 2003. I have not heard one way or the other whether it will be extended. But decisions on extensions are typically not announced until shortly before the expiration date.
******************
Q – My wife and I are in U.S. on nonimmigrant visas. We are expecting baby. Since the child is going to be U.S. citizen, are we entitled to some kind of status in U.S.
A – Unfortunately, your child cannot sponsor you for a green card until after age 21.
******************
Q – My Mother (permanent resident) applied for my green card in F2b class in May 1994. After that I married and now in the USA with my wife. Can I still get my green card?
A – Unfortunately, when you married, your mother’s application was voided because there is no green card category for married children of permanent residents. You would need to re-file for the green card when your mother becomes a citizen and you would lose your May 1994 priority date. The only way to get your earlier place in the queue would be if you divorced.
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.