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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 applied for my child's (15-yr-old) N-600 certificate of citizenship. Last, week, received a letter from Memphis INS saying "N-600 has been granted. You will be notified about the date of the ceremony." I thought that N-600 was an automatic process and the certificate of citizenship will come through mail, without the oath. Was I wrong, or did Memphis office make a mistake?

A - You are correct. There is no oath ceremony for an N600 applicant. You should just receive he certificate in the mail. If you do not, I would suggest you make an appointment using Infopass and go in and talk to an officer. They might be able to give you the certificate at the window.

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Q - I just wanted to ask if it was possible to transfer from a L1 to H1b visa for the same company.

A - This does happen from time to time particularly when a company goes through a transition like a merger or a sale. Note that H-1Bs have a six year time limit and your L-1 time counts against that.

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Q - I'm a legal permanent resident in U.S.A. since last year. Unfortunately, I have to go back home to Romania for about 6 months to 1 year to take care of my parents who are very sick. My question is how is that going to affect my green card or my status here in U.S.A. because I’ve heard that you can't be gone more than 3 months out of the country. Is that true? And if it is true what can I do to avoid that and still take care of my parents? Thank you very much for all your answers.

A - A long departure like this could be a problem if you fail to take steps to preserve your residency. First, I would plan to take trips back to the US every couple of months so that you can reduce the likelihood of the issue of your residency arising at a port of entry. Second, I would maintain a residence in the US and keep a car here that continues to be registered. I would pay your taxes here and keep bank and investment accounts opened. I would get documentation of your parents' conditions and I would consider applying for a reentry permit. The article on our web site at http://www.visalaw.com/01jan4/12jan401.html may be helpful.

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Q - I'm doing a research paper and need to know if immigrants are screened for tuberculosis before entering the US. Also, are refugees and immigrants under different laws for the screening process?

A - Only people applying for permanent residency are tested for TB. If the applicant is applying from outside the US, the TB test will take place prior to entry. If the person is in the US, the test will take place prior to the permanent residency application being submitted. Applicants for temporary visas do not get tested prior to entry. Asylees and refugees are also tested as well as K-1 and K-3 visa applicants. USCIS has put up a lot of information on this topic on their web site at http://uscis.gov/graphics/Medical_Exam.htm.

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Q - The 180 days rule also includes that the EB I-485 pending due to the visa retrogression, correct?

A - Yes. A recent USCIS memo stated that the fact that a visa number has become unavailable after filing of the I-485 does not stop the number of days required for I-140 portability from accruing.

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1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
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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.