The U.S. State Department is accepting DV-2010 green card lottery entries until noon, December 1. For information, go to https://www.travel.state.gov/ and click on “Diversity (DV) Lottery Instructions.”
Q. Can our family qualify for a green card lottery visa?
My wife and I came here from the Philippines. My wife is here in H-1B temporary worker status. She works as a teacher in the Bronx. My status is H-4 spouse of an H-1B worker. -Roldan Carpio, the Bronx
A. You are a perfect example of someone who will benefit from the green card lottery. Make sure you enter by noon, December 1. Do not wait until the last day. You must enter over the Internet, and sometimes government computers get jammed the last couple of days.
The Philippines is a country whose natives qualify to enter. You can double your chances of winning if both you and your wife enter. If either of you win, you, your wife, and any unmarried children under 21 can get lottery green cards.
Q. I thought I had a lifetime green card, but a border inspector says I needed to renew it. Must I? I got my card when I came here in 1979.
- Owen Kavanagh, New York, N.Y.
A. Your card may still be valid. My guess is that the inspector was suggesting you renew your card, not ordering you to do so. If your card weren’t valid for reentry, the officer would probably have taken it from you.
Cards issued beginning in 1979, but before cards were issued with expiration dates, are still valid. If your card has the notation “I-551,” you need not replace it, though you may experience delays and inconvenience traveling with your current card.
To get a new card, file U.S. Citizenship and Immigration Services (USCIS) form I-90, Application to Replace Permanent Resident Card.
Q. My husband’s permanent residence has been pending for over a year. Meanwhile, his work permit expired. Can he renew it?
I became a U.S. citizen in 2002. I married and petitioned for my husband. He applied to get permanent residence in the United States (to adjust status) and the USCIS interviewed us in March 2007.
The examiner said we would hear in 30 days, but we’re still waiting. We have two U.S. citizen children, so there is no question about whether ours is a real marriage.
We are facing financial difficulties. I am the sole earner for our family of four.
- B.P., Queens
A. Your husband can renew his work card pending a USCIS decision on his permanent residence application. He can apply by filing USCIS form I-765, Application for Employment Authorization. He should get a new card within 90 days.
It is hard to say what’s causing the delay in your husband’s case. It could be a delayed national security name check. Regardless, as an adjustment-of-status applicant, your husband has a right to employment authorization.
Q. Can I travel to Indonesia, entering with an Indonesian passport, and then return to the United States using my U.S. passport?
I am traveling to Jakarta, Indonesia, in 2009 using an Indonesian passport. When I return, if I show a U.S. passport without a travel stamp, will I have a problem entering the United States?
- Siu Chin Belix, Brooklyn
A. You should not have a problem reentering the U.S. using a U.S. passport. Indonesia is a country that recently decided to allow for dual citizenship. That means that you are a citizen of both Indonesia and the U.S. You have the right to hold two passports and use your Indonesian passport to enter Indonesia.
When returning, I recommend that you use your U.S. passport. The USCIS acknowledges that the use of a foreign passport to enter a foreign country does not endanger U.S. citizenship.
Allan Wernick is a lawyer and director of the City University of New York Citizenship and Immigration Project. He is the author of “U.S. Immigration and Citizenship - Your Complete Guide, Revised 4th Edition.” Send questions and comments to Allan Wernick, Daily News, 450 West 33rd Street, New York, N.Y. 10001. Professor Wernick’s web site is www.allanwernick.com.
Allan Wernick’s Immigration column is reprinted from the Thursday, October 9 edition of the New York Daily News.
