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 - May I file my son's N-600 Certificate of Citizenship application at the same time when I file my N400?
A - No. You have to be naturalized first. After that, you would file the N-600 form.
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Q - May an employer file a green card petition for an approved H-1B petitioned employee even though the employee has not started the job yet. The employee is still outside the US waiting for a visa stamp).
A - Yes, it is possible to start permanent residency processing for an H-1B employee who has not entered the country yet to begin employment. This is not unusual. H-1B visas are "dual intent" and showing indications of an intention to pursue permanent residency are not a problem.
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Q - I'm US resident and I applied for US citizenship a couple of days ago. If I get divorced from my US citizen husband am I going to lose my US citizenship?
A - Once you naturalize, you would not lose your citizenship because of a divorce. Note, however, that you need to be still married in good faith during the whole course of naturalization if you are taking advantage of the shorter residency period applicable to spouses of US citizens (three year residency period as opposed to the normal five years).
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Q - I just want to know if someone holding a work permit and waiting for his green card as an asylee can fill out form I-864 as a joint sponsor.
A - Only US citizens and permanent residents over the age of 18 and residing in the US can complete the I-864 either as a sponsor or a joint sponsor.
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Q - My fiancée is 17 years old and wants to visit me here in the United States . She is a citizen of the Philippines with strong family ties there. She wants to come here way of a tourist visa for now, and I agree it much faster for her and I to be together and have some fun. We are planning on living in the Philippines and I would love for her to see here. Can she get a tourist visa on her own or is she too young?
A - There is no minimum age to get a tourist visa, but a young single woman from a developing country is often denied because a consular officer considers the person a likely immigrant. And having a an American fiancé would only make the case worse. I wouldn't bet the farm on this one.