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Ask Visalaw.com

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 - What forms should one fill out if I and my brother no longer wish to sponsor an immigrant?  

A - There is no form. You would send a letter to USCIS requesting a revocation of your sponsorship. Note, however, that the petitioner is required to fill out an affidavit of support when the case becomes current so if you do nothing, the beneficiary is going to have a problem anyway.  

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Q - Is there a way for a J-2 visa holder to work in the United States ?   

A - Yes. J-2s are entitled to apply for employment authorization. You should check with the office at your spouse’s employer that handles the J-1s and they should be able to assist in filing the I-765 petition.  

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Q - My child is 16 years old.   His father became a naturalized American citizen more than more than 5 years ago.  My child born outside the US and has lived with me since then.  Can he benefit of Child Citizenship Act filling the form N-600K?  

A - The child must be in the legal and physical custody of the US citizen parent. Joint custody is sufficient. Also, the US citizen parent must be the one to file the N-600K.  

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Q - I was married to my wife who is a US citizen. She applied for a K-3 Visa for me as well as an I-130 so I can come to the US while INS finish the i-130. After approving the K-3 Visa, I came to the US on October 3rd 2003. I applied to adjust my status after my coming to the US and I was approved the Permenant residecy on January 2005. On October 2007 I will be in the US for 3 years minus 90 days as a permenant resident. Can I apply for naturalization in October 2007? or I have to wait whole 3 years since I became a permenant resident?  

A - You should be able to apply up to 90 days ahead of your third anniversary based on what you’re describing.  

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Q - My sister (who is widowed) and her 2 children were petitioned by her parents who are legal residents. Her parents have continuously resided in the U.S. for over 5 years and can now apply for citizenship. If they become citizens, what impact, if any will this have on my sister’s petition? Do the parents file a new petition?  

A - Fortunately, there is no need to file a new application once the citizenship application is approved and your wife will get credit in the new category for her original filing date. This is called "automatic conversion." You’ll want to keep an eye on the Visa Bulletin and when the Family First preference category is current based on her original priority date, you’ll need to notify the National Visa Center that the parents are now citizens and the case is ready to go forward.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
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Email: info@visalaw.com

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