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.

***

Q - Hi there. If a petition is filed for H1 B status using Premium Process, how soon does INS issue a receipt or "Notice of Action". Does the 15 days to approve begin after the notice is issued?

A - In our experience, you'll receive a receipt for the case within a week.

***

Q - I just got my R1 petition approved. I am currently on an F1 status and my I-20 and F1 visa will expire in May 2003. My question is, do I need to keep on renewing my I-20 for me to continue taking some courses in my school?

A - If your approval was for a change of status, then you are probably already an R-1 and you don't need to renew your I-20 any more. As for taking classes, while working in R-1 status, there is no official guidance on this to my knowledge. If you take classes that are related to your R-1 work and are not enrolled in a degree program or studying full time, you can arguably say that the courses were part of your professional development and are part of your job duties. Definitely consult with your immigration lawyer before doing anything.

***

Q - I received my green card in April of 2001 and on it said that I was a permanent since September 1997. I applied for naturalization in September of last year and was interviewed this month. The interview went well and I was given the approval letter pending schedule of the oath taking. The next day, I got a call from the INS officer that interviewed me. She said that I have to go back to her office to withdraw my application as I am not yet qualified for naturalization since my adjustment of status was only approved in March 2001. For some reason they have made a mistake in processing my greencard indicating the wrong date. What do I have to do? Can I demand for a refund for what I paid since it was their fault and not mine?

A - You're going to be out of luck here. Even if the INS erred on the date listed on your green card, the law is clear regarding residency, and you are still expected to comply with the rules. Also, presumably you knew that the rule is that you must be a permanent resident for five years before you can apply to naturalize. You assumed that the date on the back of your green card determined when you could apply for naturalization and that you could benefit from the INS' mistake. Presumably, you are bright enough to know that you became a permanent resident in 2001 and not 1997. You sought to benefit from the INS' mistake and even if the agency could refund fees - which they almost never will - you are at fault here as well. I would wait until 2006 and reapply then. The INS wasted valuable resources working on this case so they - and, consequently, people who had legitimate applications pending - have already paid for this mistake.

***

Q - My wife would like to start an 'ethnic' catering business with her sister who is a British citizen. My wife's status is ' permanent resident '. They intend to be equal partners in the business. Can her sister legally run the business and travel back and forth between the US and UK without any restrictions.

A - There may be a couple of strategies available to your sister-in-law, but typically the E-2 visa is the one available for entrepreneurs wishing to start businesses in the US. If your sister-in-law has worked with a business in the last three years that could sponsor her to come to the US, then an L-1 visa might work. The E-2 visa requires, among other things, substantial investment by your sister-in-law and that the business be owned 50% or more by British nationals who are not permanent residents of the US. That means that your sister-in-law would likely need to own at least 50.01% of the shares of the business. However, you can always set up a separate voting agreement to give your wife and her sister equal votes. You might want to read the article on our web site at http://www.visalaw.com/00feb2/7feb200.html.