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 have a couple of quick questions regarding filing for naturalization.
I have 3 children (13,11,and 7),all of whom have been on my petitions since k-1, AOS, I-751,etc and all have green cards.
1. When filing for naturalization for us all, do I pay the fee for just me or do I pay it 4 times?
2. Do they need to be fingerprinted or just me and what is the age that fingerprints become a necessity?
3. Do they need to attend the interview.
4. If i decided not to naturalize, at what age could they do it themselves?
A - Your children automatically become citizens with you and do not process under separate fees or applications. They will not be fingerprinted and they will not attend the interview. After you naturalize, you will file N-600 forms for them to get their proof of citizenship. I'm not sure about how you would opt out of naturalizing. I'm copying a colleague who might know the answer.
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Q - I would like your opinion on the following issue. I am in the US on a H-1B visa. I got laid off about four weeks ago, and my former employer has already notified the INS about my termination. Last week I got an offer for a new position. The problem is that the new employer (educational institution) is reluctant to apply for the transfer of my H-1B because it has been more than 10 days since my lay off. Are their concerns justified? Is there something that could be done so that I can take this job without leaving the US?
A - You should probably file for premium processing and leave and then reenter with the new approval notice. The whole process would take just a few weeks. You are out of status so it is likely you'll have to leave. You can ask the INS to exercise discretion and excuse the problem. But the INS is not very tolerant these days for such problems.
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Q - I am currently under F1 Visa status and am thinking of buying a US business. I understand I would need to convert my Visa to an E2. I also have my two daughters with me whom are under F2 status. Our nationality in British.
The business is $240,000 and I would be putting $30,000 to $40,000 down. It is a well established ( since 1993) retail store in California.
A - There may be a problem putting only 1/8 or 1/6 down and also a problem with the size of the investment. First, we usually recommend an investment of at least $50,000 to be taken seriously. Even that number is low, but we have gotten cases approved at that level. But more is definitely better. Second, the INS and State Department sometimes use a sliding scale that they are allowed to reference in determining whether an investment is “substantial.”
- If the value of the business or the cost to start it is less than $500,000, a minimum 75% investment is required.
- If the value of the business or the cost to start it is between $500,000 and $ 3 million, a minimum 50% investment is required.
- If the value of the business or the cost to start it is over $3 million, a minimum 30% investment is required.
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Q - I am currently working on a H1B visa with company x for the last 6 months, it is my second H1B as I got lay off my previous job. My current company x is very small and on the verge of bankruptcy, if I do find another employer to sponsor me do you think the INS will approve a third H1B for the same person? Are there any rules how many H1B one person can have?
A - I don't see a problem switching again as long as the next position qualifies. There are no limits on switching employers.
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Q - I have a question regarding 'Work permit for H4 visa'. Heard from friends that there is a new law wherein a H4 visa holder can apply for work permit and work in the U.S. Is this true?
A - There is no truth to this. Spouses of E and L visa holders can now work, but this is not true for spouses of H-1B visa holders.
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Q - Is a citizen of El Salvador who failed to fileI-765/I-821 within required time frame (11/12/2002) able to reapply? Has an extension been granted to people from El Sal to apply until 03/09/2003?
A - According to the BCIS, Completed re-registration applications for TPS must have been mailed to the appropriate Service Center and postmarked on or before November 12, 2002. Re-registration is necessary even though INS published a notice in the Federal Register on July 11, 2002 extending the TPS Employment Authorization Document (EAD) validity period from September 9, 2002 to March 9, 2003. The automatic EAD extension is designed only to prevent gaps in employment authorization while re-registration applications are processed, but it does not relieve TPS beneficiaries of the responsibility to timely re-register for TPS benefits. So it sounds like you are not eligible.
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Q - Hi there, my friend has a multiple entry visa for five years. She was in the United States for 14 months. in that period, she applied for asylum but she was denied. She was told to deport from the United States. Therefore she went home on her own. While she was in the United States she applied for extension of stay and she was granted six more months. However, when she left the United States she only overstayed 60 days. She applied for asylum while she was in good status. Now she wants to come back to the United States as a visitor on the same passport with the multiple entry visa. Will she be allowed to enter the United States?
A - Both the overstay and the asylum application will be problems. The asylum tends to show that your friend does not wish to return to her home country. And the overstay shows that she may not comply with immigration rules. I probably would look for other options to enter the US such as through a work visa because I think entering in visitor status again is risky.
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Q - Do I legally need a "green card" if I am an American Indian born in Canada?
A - There are special provisions that allow certain American Indians born in Canada to get a green card. Basically, any American Indian born in Canada who is at least 50% American Indian is entitled to file for permanent residency and you would need the green card to show you are legally entitled to remain in the US. You would file form I-181 with the Bureau of Citizenship and Immigration Services to get a green card.
