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 - Is there a gap of a few months between the time a priority date becomes current and the actual date of immigration interview at the U.S. embassy? 

A - There can be a gap. Often, however, the State Department will initiate processing a few months ahead of the anticipated advancement of numbers in order to avoid delays. 

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Q - I have a question concerning how a child gets US citizenship.  Here's the scenario:

1) child admitted into US with non-immigrant Visa at age 3
2) child adjusted status to Permanent Resident at age 6
3) father becomes US Citizen

Can the child in question apply for US citizenship?  

A - The child automatically becomes a citizen with the parent if the child is under 18 at the time the parent naturalizes. The child would then file an N-600 form to document this and can simultaneously pursue a passport application.

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Q - I have temporary evidence of lawful admission for permanent residence stamped on my passport valid until December 20, 2005.  I have not received my green card as yet. Can I travel to the UK for 2 weeks and come back? If so, do I have to take the approval notices of my I 485 with me or will the stamp on my passport suffice for me to re enter? 

A - Yes, you can travel with the I-551 stamp which is the legal equivalent of the green card. You only need your passport with the stamp and none of the I-485 paperwork.  

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Q - I would like to know if I need a Social Security Card to file a Form I-485, Application to Register Permanent Residence or Adjust Status. I am here on a K-1 Fiancé Visa and need to file a Form I-485. 

A - You do not need a social security card to file Form I-485. 

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Q - I got my travel document today but it said that if I've been in America after 1997 and stayed 180 days past my allowed stay, I may be found inadmissible when I try to enter with my travel document and if I was found inadmissible I need to qualify for a waver of inadmissibility. 

A - This is a normal precaution about the serious impact violating your visa status in the past could have on your ability to get back into the US when you travel. If you have always maintained your legal status in the US, you don’t need to worry. 

On the other hand, if you have had problems, I would consult a lawyer and I would be VERY careful about traveling. I normally highly recommend not traveling if you need a waiver to reenter. The waivers are only available to people with certain close American or permanent resident relatives. Also, you need to show exceptional circumstances justifying the waiver. You can only apply for the waiver when you are outside the US. And the wait can be several months. 

If you are denied the waiver, you could face a bar on reentering the US for several years. So be careful.