Question: Hi, I have a question about extending my time here in the U.S. I’m in Florida on an H-1B visa which expires in November. My wife and I want to try to stay in the U.S. longer to change to another type of visa. My employer never filed for my residency, so since my sixth year is finished in November, I can’t get an extension of my H-1B visa after that. I heard that I could change over to a tourist visa from my H-1B and get six more months to give me more time in the U.S., can you tell me if this is possible?

Answer: Yes, when a current visa is expiring, immigration regulations allow changes from non-immigrant visas to a B-2 Tourist status inside the U.S.. Approvals are issued by the USCIS for an additional six month stay in the U.S. in B-2 status, along with a new I-94. The USCIS is more likely to grant such a change of status when the request is made for a valid purpose, such as the need to sell a home or car or to undergo medical or dental treatment, etc. However, no change of status application is ever guaranteed, so it is extremely important to file the change of status using the best strategy and as soon as possible before your current I-94 expires. Critical documentation to support the request must also be included, such as property and car titles, financial documentation, copies of airline tickets & itineraries for proposed travel in the U.S., or confirmation of proposed medical or dental treatments, etc.. The USCIS is currently processing these types of requests fairly quickly, within several months or so. Once approved, a new application can be made for another type of visa, including an F-1 Student visa or other type visa according to eligibility and you will have plenty of time to change to the new visa while you remain in legal status.

Question: Hi, I am 19 years old and living in Miami. My I-94 card expired in 2008 after I came for a vacation, I never went home. While my dad was still a resident, he filed to sponsor me. Then in 2009 I got married and had a baby, that was a big mistake, so now I am divorced. My question is, since my dad just got approved for his naturalization and got his U.S. passport, can he still sponsor me as a child, even if I am divorced?

Answer: That is a great question. To qualify as an Immediate Relative child of a U.S. Citizen, an immigrant child must be under age 21 and single. Even children who were married qualify, as long as they are divorced at the time of filing for adjustment of status and remain single until approved for residency. The importance of being classified as an immediate relative of a U.S. Citizen is vital, since immigration regulations allow those in this category to adjust status to residency, even when their I-94 cards have expired. The situation is much different for minor children of U.S. Residents, since immigration regulations require these children who are inside the U.S. to maintain legal status (unexpired I-94 cards) unless they are eligible under an exception like 245(i).

Question: I just got my green card approved by INS through my marriage. My mother lives in Jamaica and I want to sponsor her and get her to the U.S. as soon as possible. Can you please tell me how long it will take my mother to immigrate to America? Thanks.

Answer: Unfortunately, you will not be able to sponsor your mother until you become a U.S. citizen. The good news is that since you obtained your Green Card through marriage, as long as you continue to have a valid marriage, you will be able to apply for your naturalization early in only 2 yrs and 9 months. U.S. Residents (Green Card holders) can only sponsor their spouses and unmarried children. U.S. Citizens can sponsor parents, spouses, minor children, single adult children, married children and brothers and sisters.

** Contribution made by Attorney Caroly Pedersen, Esq. of the American Immigration Law Center – Call 954-382-5378