--10/13/05--

Q- If I was born in Bangladesh but have Canadian citizenship, am I chargeable to Canada or Bangladesh? I have not yet filed my PERM application. How long do I have to wait for an EB3 visa number to become available to me?

A- You are chargeable to the country in which you were born, so you are chareable to Bangladesh. Currently visa numbers are available for those whose priority dates are prior to March 2001. Your priority date will be the date on which you file your PERM application, presumably in 2005 or 2006. It is impossible to predict how long it will take for 2005 or 2006 priority dates to become current for the EB3 category. My guess would be around 5 years, but it could be longer or shorter than that. There is no way to tell. It depends on how many people apply for visas in that category. When your priority date becomes current you will be eligible to file an application for permanent residency, which is currently taking between an additional 6 months and 2 years.

Q- I am applying for a visa for the USA to enable me to visit my mother, who lives and works in the States, on a more regular basis. What would be the consequence if my visa application were denied- would I never be able to visit the USA again? I am British, and aware that I can travel on the Visa Waiver Programme, but this limits me to the number of times that I can fly over. A visa would grant more flexibility, but I'm worried in case it got denied.

A- If you apply for a B2 visitor visa and are denied at the consulate due to having immigrant intent, or because you are inadmissible for some other reason, then there is not a bar to your entering the US using the Visa Waiver Program in the future. However, when you attempt to enter the US on the VWP, it will be in your computer records that you were previously refused a visa. This could result in your coming all the way to the US and then being denied admission at the airport or in the U.S. They could put you on a plane back home. The only thing that would actually bar you from using the VWP is if you overstay your visa in the U.S.

Q- What is the fatstest way to get a green card? I mean commuter green card or regular green card?

A- Absolutely no difference in timing. Commuter case would have to be done as a consular processing case. The decision on which way to finally go is made at the border when presenting the immigrant visa.

Q- I have been living in the US for the past five years on my father's H visa. My mother and father applied for a green card but did not include me as they thought I would be in the UK studying. I have however decided to get a student visa and go to school in the US. It said I am only allowed to enter up to 30 days before the visa starts. Is there a way I can extend this since my home is there and my parents are living there? I am permanently living in the UK and am 20 years old.

A- Not on the student visa. In fact, if you tell the consulate that your home is in the US, you will not get a student visa. If your father is still on the H-1, you may be better off entering on the H-4 and then joining your parents on the green card.

Q- I had an H4 stamped in September 2003. I have stayed in the US on an H-4 for about 3 weeks in 2003. Now this year, I got a L1 stamped under a blanket petition through my company. During the stamping process, my previous H4 visa was not marked cancelled by the consulate. The confusion now is I need to travel to the US to visit my husband, as my transfer through the company on the L1 is getting delayed for some reason, so effectively this travel falls under the H4 category. Is my H4 still valid? Can I enter the US on this status? (It is still valid). When entering what would happen to my L1 visa? Will it be cancelled or after I return back to India next time can I enter the US on the L1 per company transfer? If my H4 stands cancelled on L1 visa stamping and I can't use it now, then can I travel on the L1 to visit my husband for a short period, say a month after which I am returning and then again enter the US on L1 when my company actually needs me there?

A- You may enter on the H-4 which remains a valid visa. Your L-1 will not be cancelled. You need to be very careful at the Port of Entry inspection that you inform them which visa you want to enter the U.S. on. When you return home and then enter on the L-1 you should have no problem.

Q- I've just got an interview letter for my I-751. The problem is my husband and I have not been living in the same state. I want to pursue my education in Wisconsin (I'm currently a junior) while my husband coul dnot find a job in Wiscosin, therefore he had to work in another state (New Jersey). Right now, he's working in Thailand after got laid off again in New Jersey. He's afraid he could come back for the interview with me. Can I still go to the interview by myself with an excused letter from my husband from Thailand? We have been filing our taxes together for 3 years. Or can I ask the immigration officer to interview me alone and give my husband a separate interview that's good for his schedule? Thank you very much.

A- While it is possible for this to be done successfully without your husband present, you need to make sure that you are properly prepared and that you have citations to the correct law that says your case can be approved without the presence of your husband.

Q- I am a Canadian citizen, and my boyfriend lives in the US. I want to go down there and be with him. How long can I stay legally, entering as a visitor?

A- While the rule is that you can stay up to six months, it is up to the officer at the port of entry to decide how long, or even if, to admit you. If you say you are coming for two weeks and intend to stay six months, you have committed fraud, and if discovered, could lead to a permanent bar from the U.S. This is a complex matter and you should be well prepared to make this type of application.

Q- My I-485 was approved in 2004. I got married in 2002. My wife is currently in the U.S. holding an F-1 visa. My wife will file an I-485 late this year on follow-to-join basis. What documents does she need to prepare?

A- She needs to file the I-485 and any applications she would like to benefit from, such as an application for work and an application for travel outside the U.S.