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Ask Visalaw.com

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 - Can I obtain F1 visa without leaving the USA. I already have an approval f my status from the INS.

 

A - You need to get your F-1 visa stamp at a consulate outside the US. You cannot get it in the US.

 

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Q - I participated in an exchange visitor program in 1993 under a (J-1) visa and have served my two year residency back home. Do I qualify to apply for a permanent status?

 

A - Satisfying the home residency requirement merely removes a bar from getting permanent residency. It does not qualify you for permanent residency in and of itself and you'll need to qualify for a visa - non-immigrant or immigrant - the same as anyone else.

 

 

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Q - I have all the requirements to file a form for naturalization.  However, I have one question.  I was arrested and charged with DWI, possession of marijuana (less than 30g), and possession of paraphernalia in April 2003.  Eventually, this case was dismissed a few months later, because the officers make an illegal stop.  I was wondering if this would prevent me from obtaining citizenship.  Do I have to report this in the form? 

 

 

A - You could have problems because even though you were not convicted, it is the conduct that is the focus in the evaluation of good moral character.  The arrest must be disclosed on the application for citizenship.  Due to the facts of the dismissal, I would think it unlikely that your application would be approved since the actual conduct does not seem to be in dispute.  Speak with your own immigration lawyer, but I suspect you will be told to wait five years from the incident to apply.

 

 

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Q - I am a Singapore citizen and had approval for the Fiance/fiancee visa.  I want to know if upon my marriage and issued green card, do I need to give up my citizenship as Singaporean. If I do it, wont I be stateless'?  Is there anything thing wrong with this?

 

A - Securing a green card should not affect your citizenship in Singapore. That may not be the case if you went on to acquire US citizenship later on. Every country has different rules on whether becoming a US citizen would lead to a loss of your home country's citizenship. But you don't need to become an American citizen to remain in the US permanently.

 

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Q - I am on an L1B visa. If a US company wishes to hire me and get me an H1B premium visa, how long is the validity of that H1 visa? Is it for a max of 6 years or will it be 6 years minus the time I have already spent here in the US on another visa which is 4 years already?

 

A - You will have your L-1B time deducted from your six years of H-1B eligibility.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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This is an advertisement. Certification as an Immigration Specialist is not currently available in Tennessee. Siskind Susser Bland limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. Siskind Susser Bland does not retain clients on the strength of advertising materials alone but only after following our own engagement procedures (e.g. interviews, conflict checks, retainer agreements). The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. Siskind Susser Bland and its advertisers are independent of each other and advertisers on this site are not being endorsed by Siskind Susser Bland by virtue of the fact that they appear on this page. Site is maintained by Siskind Susser Bland's Memphis, TN office and overseen by Gregory Siskind. Copyright © 2003-2006 Siskind Susser Bland. All rights reserved.