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 - My elderly mother now has a green card. Will she need her tax returns at the naturalization interview for 5 years? In other words, does she need to file taxes even if she has no income, just to have these forms with her in 5 years? Thanks!

A - No, income is only an issue for the green card and not for naturalization.

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Q - I have a question about physical-presence/residence requirements for naturalization.  Since becoming an LPR (through employment) more than 4 years ago, I have had the same permanent job, owned a house, paid taxes, been physically present in the US for more than 2.5 years, but have also taken roughly 80 trips abroad totaling 550 days (all trips lasted less than 6 months, most took 2-5 days, and the longest one took 4 months).  Most of those trips were by car to Canada, so dates I crossed the border were not recorded on my passport.  However, I have kept a list of all departure/arrival dates and destinations.  I have always returned to the US after each trip to continue my normal activities.  May those trips cause problems during my naturalization application?  Do I have to attach any other documentation or an explanation as to why I took those trips? 

A - Residency requirements for naturalization are complex. There is a requirement to have spent half of the required five years of residency in the US. There is a requirement that residency be continuous. Absences of six months to a year are problematic unless the applicant can show that he or she did not mean to abandon residency. Absences over a year are fatal. And there is a requirement to reside for at least 90 days in the district where one is applying for citizenship. If there is any question about residency issues, I usually recommend consulting with an attorney because the issues can get complex. You also might find the article on my web site at http://www.visalaw.com/01may2/12may201.html and http://www.visalaw.com/01may3/12may301.html helpful.

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Q - I was told that I am carrier of Hepatitis B year ago. And like most people I seems in good health except for this. But the problem arises when it comes to my life decision: I met an nice American guy. If in near future we plan to move together will I have problem to immigrate to USA?( I am outside USA). 

A - There are likely to be issues relating to this and you need to get a waiver. I’ve written an article on the topic which can be found at http://www.visalaw.com/03apr1/2apr103.html.

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Q - I got three receipts from USCIS. One was for an I-130, one for an I-485 and one for an I-765. But I was trying to check it on the computer and the first three letters on the receipt are “MSC.” Do these applications go to the local office? Will I get a work permit in 90 days from the receipt date or notice date?

A - MSC is the Missouri Service Center and it handles initial data entry for family-based green card cases before the cases are returned to local offices for processing. The 90 day processing requirement for the employment authorization document is unchanged by the addition of the MSC to the process.

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Q - How many Paychecks do we need for an H-1B transfer? I get paid monthly.  I have 5 monthly paychecks on Optional Practical Training and one H-1B monthly paycheck from the same employer. So, given this situation, am I good  to transfer my H1 visa to another company.? If my current employer cancels my H-1B visa, do they need to inform me beforehand and if YES, how many days in advance(legally) do they  need to inform me of my h-1B cancellation effective date.

A - The key here is showing that you were maintaining H-1B status at the time you apply for the transfer. And that will require showing you continued to be employed. There is no clear rule on proving this, but you should be prepared to show that you received a paycheck for your last pay period whether that was a monthly paycheck or a weekly one. As for your current employer canceling your H-1B, they can do this with no notice. There only obligation to you is to pay for a return airline ticket for you. If you have filed for the transfer before they terminate you, you will generally not be considered out of status during the waiting period and under the concept of portability, you can usually start employment with the new employer while you wait on the approval. Definitely speak to a lawyer about this since the rules in this area are complicated.