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.
*****
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.
*****
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.
*****
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.
*****
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.