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 - I am currently in the US on a student visa. I am pregnant and I will have the child while still in the US. My understanding is that the child will be eligible for US citizenship. My question: Is there any process/visa that will allow me to reside in the US to raise my child (a US citizen) in this country?

A - The child is automatically a US citizen if he or she is born here. But until the child is 21 years old, a parent cannot benefit from the child's citizenship status. The child is, of course, entitled to remain in the US. But most people bring their children home with them. The child can eventually choose to return to the US and will not require any sort of permission to do so. There is a common misperception that having a child in the US opens up a lot of doors to immigrate to this country. That's just a myth and having a child here really will not make a big difference for most people.

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Q - My Mother will be taking oath as a US citizen on the 16th of Jan. 04. I filed a petition under the F2b immigrant visa category.  My priority date is February 1998 and my sister's priority date is January 1999.  Once my mother becomes a US Citizen, will I jump to F2 first category?

A - Actually, you and your sister will jump to the F1 immigrant visa category once your mother naturalizes as long as both of you are still single.  And you will retain your 1998 and 1999 priority dates.  So because the F1 category is up to the year 2000, you will be eligible to proceed with green card processing. If you are in the US, you will just apply for adjustment of status.  If you are outside the US, you will need to notify the State Department of your mother's naturalization.  Only after that will they proceed with processing of the green card for you.

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Q - Hello, I am an international student and attended classes last semester, but transferred this semester only to find out I had a hold on my registration and did not know of that before.  I am currently not taking classes now because I could not register. I would like to know if I should apply to reinstate, and if so how long would it take because I would like to be in class by next semester? I would also like to know if it is possible for someone who had worked without INS authorization to still reinstate.

A - You will need to apply for reinstatement immediately. How long it will take will depend on which part of the country that you are at. I would recommend you to discuss this with your international student advisor. Also, discuss with your adviser whether or not you can get back in to status by re-entering the US with a new SEVIS I-20 for "initial attendance". If your F-1 visa is still valid, taking a trip home and coming back using a new I-20 may be the quickest way to get back in status. The I-20 must be marked "initial attendance" though, and because you will not get a new I-94, traveling to Canada or Mexico will not do.

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Q - I am a US permanent resident and I received my green card a year back. I now wish to change my current employer. Can my current employer revoke my green card?

A - No. Only the USCIS could do that, and they would do that only if they believed you got your green card through fraudulent means. That sometimes means switching too quickly from one employer to another after the green card is approved. But that is almost never the case where the green card was obtained through adjustment of status since you are allowed to switch in many cases after the adjustment application is pending 180 days and your new job is in the same or a very similar field. In cases where a green card is received through consular processing, you will need to be more careful. There is no actual number of days you need to stay with an employer, but most immigration lawyers would probably agree that a year is plenty of time to allow before switching. Good luck.