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 – Hello my dad lives in New Jersey as an American citizen. I live in Toronto Canada as a Canadian along with my wife and 3 kids we are all Canadian citizens.
My dad sponsored me in March 1998 it was approved on July of 1998. Could you tell me the approximate time this kind of sponsorship takes?
Seeing my dad is American citizens will this speed up the process Is this 2nd or 3rd preference.
A – This is a third preference family case since you are the married child of a US citizen. I presume that your father was either a citizen at the time he filed for you or he became a citizen before you married. If not, your case could be in jeopardy. It is hard to estimate how long you still will have to wait, but my guess is that it will be at least two more years.
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Q – I am here on H1 B visa and my spouse green card is on processing. her I 140 form is approved on last august. I would like to bring her here on H4 visa. Will it affect her current petition? or Will it disqualify H4?
A – Entering on an H-4 should have no impact whatsoever on her green card application. H-4s are “dual intent” visas anyway and permanent residency intentions are basically ignored.
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Q – What is E2 visa?
A – This is a visa for investors who are investing a substantial amount in a commercial enterprise in the US. It is available to nationals of several dozen countries that have commercial treaties with the US. You can find information on this visa category (including a list of covered countries) on our web site at http://visalaw.wpengine.com/00feb2/7feb200.html.
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Q – Can you please give me more information on REP GEPHARDT introduction to earned legalization and family unification legislation? Is this status in effect for illegal aliens.
Please let me know.
A – The law was called the DREAM Act and that is really an apt description. The bill really has no chance of passing any time in the near future. I would love to be wrong about that.
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Q – I want to file for I-360 form as a religious worker. What are the requirements and how long it will take to process?
A – Expect the process to take about two years or more. You can learn more about religious worker immigrants on our web site at http://visalaw.wpengine.com/00oct3/12oct300.html.
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Q – I have a GC got same time as my husband, through his family. We entered the USA together on it before 1.5 years, we are totally married 5 years. Now he is divorcing me. Is my GC continuing to be valid?
A – Your green card should not be conditional based on the category in which you entered the US. So that would mean that a divorce would not affect your permanent residency status.
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Q – My question is if new law help me? My mother is a permanent resident who applied for me on 01/15/1999 when I was 18 years old [DOB 02/06/1980], under 2A category. My petition is still pending. [as on 10/15/2002 Texas center has approved up to 04/03/1998] Today I am 22 years old. So according to old law I am in2B category. Will new Aged out law help me?.Am i still in 2A category OR in 2B category.
A – The new age out law should help you. The time that the I-130 is pending is subtracted from your age. That means that when your priority date becomes current, the amount of time your I-130 has been pending (nearly four years so far) will be subtracted from your actual age on that date. So, for example, if the category became current next month, you would only be 18 years old for purposes of determining whether you remain eligible in the 2A category. So it is actually to your advantage that the INS is taking so long in approving the I-130.
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Q – I had a H1B with employer A and I recently left and now work for employer B (who file for a new H1B transfer). While I was working for employer A, I went to my home country and got the visa stamp in my passport at the American embassy.
If I go back home do I need to get a new stamp in my visa or not?
A – You should not need a new visa stamp to reenter if the transfer has been approved. You can reenter with the new approval notice or at least the receipt notice for the new application if the application is still pending.
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Q – My mother filed family-based 2b for me in September 1994. Now she has already become a US citizen and I am still unmarried. My question is: if I marry my girl-friend now, will my case be in the 3rd category? If so, will the priority date be the same-September 1994? Since the cutoff date is sometime in 1996 for 3rd preference, can we file I-485 now? And is there any difference in the processing time for I-485 between 1st preference and 3rd preference
A – There is good news here. Because you have not married, when your mother became a citizen, your case automatically converted to the Family First preference category. When you marry, your case will automatically convert to the Family 3rd preference category. Your priority date will continue to be September 1994. That means that you are eligible to apply now for your adjustment of status as would your future wife. Processing times should be the same for either 1st or 3rd preference.
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Q – I am considering hiring an au pair and would need to arrange a J-1 visa for her, I was given your email address and told that you handle this sort of visa. What I need to find out is what is the process and cost associated?
A – You need to choose one of the au pair firms authorized by the State Department to sponsor au pairs. These firms handle the visa paperwork so you will not need our firm to assist.
You can find links to these firms at http://visalaw.wpengine.com/immigrationresourceslinks.html. There fees should be described at their sites.
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Q- I am holding H1B Visa. Recently I visa got expired (25 Sept 2002) , but I have valid I94 till July 2003.
Now I want to go to Canada. People say that we can reenter US with expired visa, until I didn’t applied for the visa stamping in Canada. My Country of Citizenship is INDIA. Please advice me, whether it is ok to go to Canada on an expired H1 visa ( Valid I94) and reenter US.
A – You should normally be able to reenter on the same I-94 as the one you had when you left. The main problem when you leave comes in if you apply for a new visa. That is not the case here.
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Q – In order to reset my H1, I am planning to leave the States for a year and come back next year. I plan to get married with my boyfriend next year (he’s filing for greencard but he’s still in the labor cert. phase). I am concerned if I can get a H4 VISA to come back to the States as my parent is already filing petition (F2B class) for me (priority date 4/2001, still have a long time to wait). How long does it take for the H4 VISA to process?
A – The H-4 is a dual intent visa. That means that a permanent residency application will not have an adverse impact on getting and keeping the visa. You can secure an H-4 visa quickly in most cases. You simply apply directly at the US consulate along with proof that your spouse is maintaining H-1B status as well as proof of the marriage.
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.