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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I am a German national with a green card (from 1986) who lived and worked in the US from 1984 – 2001. I am currently working in Germany for a US firm. The company would like to transfer me to the German subsidiary. I left the US in Aug 2001 and will return in fall 2003 at the earliest. I was in the US in July 2002 for 5 weeks and again in Nov 2002 for one week. A reentry permit has been filed in July 2002 but not yet approved. I filed 2001 US taxes and own property in the US since Sept 2002. Will I jeopardize my green card by transferring to the German subsidiary?

Working abroad for a US company is helpful, but there are other things you can do. I’ve written an article which is online at http://visalaw.wpengine.com/01jan4/12jan401.html that you may find helpful.

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I would appreciate one quick answer if you have time. Can you let me know the legal requirements for applying for a prospective student B-2 visa?

There are no special requirements that are different than a normal B-2 visa. But you would want to show strong ties to your home country and adequate funds to pay for your studies. You should also be prepared to show that the course of study in which you will engage in the US will advance your career prospects when you head home when all is finished.

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Someone told me that there is a new law that may expedite the processing time for dependents who were under the age of 21 when their permanent resident parents applied for them. In other words, those that were class 2A and after 21 became 2B.

We’ve written a great deal about this law. An article on our web site that may be helpful to you can be found at http://visalaw.wpengine.com/02jul4/12jul402.html.

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I am 26 yrs old, female. You can call me Isa. I was naturalized last July 4, 2002 and am now a US citizen. Can I petition for my mother who has been overstaying here in the US for 10 yrs now? She entered the country legally as a tourist 10 yrs ago. Is there a law that would allow me to file a petition for her anytime now?

Yes, she should be able to pursue a green card under Section 245(a) since she is the parent of a US citizen and she entered legally.

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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.

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