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 - If a child is born in the United States but his parents are undocumented is that child a US citizens?

A - Yes, children born in the US are US citizens (except for a very small number of children born to diplomats working in the US).

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Q - My wife and myself got H-4 and H-1B from Company A and I moved to U.S.A on in January 2005 but my wife has not arrived yet

I moved to company B, but until now I do not have a receipt number (almost 1 month).

Can my wife come to the US by using my old company A approval which was stamped on her H-4 visa.

Or can she submit the recent paystub/offer letter/Employement letter of my company B  at her port of entry(neither Recipt No nor approval ).

A - An H-4 need not be re-filed just because the H-1B moves from company to company. As long as you can verify you are in valid H-1B status, she should simply be able to present this documentation to enter in H-4 status regardless of whether you are working for the original employer. The key will be to document that you remain in H-1B status. To avoid confusion, I would recommend her waiting until your new approval notice arrives. I’d consider premium processing to get the approval more quickly. Technically, she should be able to enter with proof that the H-1B change of employer is pending. But I would not want to make it hard for a port of entry officer to understand your status.

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Q - May a paternal uncle can submit a petition for his 21 year old nephew? If possible, how long will it take for immigration to the USA?

A - Aunts and uncles cannot petition for nephews and nieces. The only way would be for an uncle to sponsor his sibling (the nephew's parent) and then have the parent sponsor the child. This would take probably at least 15 to 20 years, however.

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Q - I am on F-1 status until August 31st 2005. I also got H-1B approved to be able to work from October 1st of 2005. Will I be considered "Out of Status" between Sept 1st to 31st? Is there a "Grace Period" for my case? I am not enrolling in classes for Fall 05(which starts Sept 1st). Instead I want to start working from Oct 1st on H1.

A - You have a 60 day grace period that follows the conclusion of your F-1 time. That will take you to your October 1st start date on the H-1B and is presumably why you got the change of status approved.

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Q - My friend had his N-400 interview at Pittsburgh, PA recently.  He passed the interview on the spot, but was told that the local office can't schedule him for the oath ceremony until they've got FBI clearance on his name check. Between now and the time he takes the oath, if my friend relocates to a different state under a different service center, will his current N-400 application still be valid?  Or does he have to spend 6 months in his new residence before starting the N400 process all over again?

A - Most offices will keep a case even if the applicant moves to a new jurisdiction, and the application would not need to be re-filed.  The oath ceremony, however, could pose a problem.  The Court cannot execute the oath if you are not living in that Court's jurisdiction.  The oath will have to be scheduled based on the residence.