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.