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 - I am a Filipino international medical graduate. I am currently in the United States for my fellowship training on a J1 visa. My wife is pregnant and is giving birth on June 2003. Will my baby automatically become a U.S. citizen based on jus soil or will she follow her parents citizenship, in our case, Filipino? I have heard rumors that there are new laws that being born in the US doesn't automatically make one a US citizen anymore. I don't know how true this is. I hope you can clarify this issue for me.
A - Your baby will automatically be a US citizen. There are no new laws altering this despite the efforts of some in Congress to make changes.
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Q - I would like to ask a question, please? I have an expired Green Card-Permanent Residency, since Dec. 1947. My card still has my baby picture on it. I have requested the forms from INS more than once and have received them. I have also spoken to INS on the phone and they told me that my Permanent Residency is not expired, just my card. Is that true? I would hate to go to Immigration and find out otherwise. Can you advise me? And why haven't I taken care of this in the past? I have lived here all of my life, and frankly most times I don't even think about it. But now with this war and the Patriot Act, I am feeling a little paranoid about my situation. Any information will be appreciated. Thank you!
A - It is true. If you maintain your permanent residency in the US, you are eligible for a new card no matter how many years have passed since it was issued. You need to file an I-90 form in person at your local INS office. You might also look at this as an opportunity to apply for US citizenship, by the way.
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Q - My wife applied my Green card she is Citizen, I got the green card past year ,but my green card expires in March 2004, INS send me an letter with green card saying that I should file x form before it expires, And when should I file that form. My Question is when I will be eligible for Citizenship.
A - You will be eligible to apply for citizenship two years and nine months from the date you became a permanent resident (assuming you are still married to your wife).
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Q - I would like to learn more about a child born to an American parent (father) in a foreign country. Where can I learn more about this on the Internet?
A - You might find the article we have written on this subject at http://www.visalaw.com/01mar2/12mar201.html helpful. Good luck.
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Q - Does an International Student go thru any medical examination when they have been accepted to a college and go to the embassy for their visa?
A - No. Medical exams are only required for permanent residency petitions and certain naturalization cases.