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.  

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Q - If a US citizen is applying for his/her adult child and on the form the adult child has the names of his/her two children; must the children go with him when it is time for the adult child to go to the USA?  

A - No. Just because you name your children on the I-130 does not mean that they have to immigrate with you.  

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Q - I have been a permanent resident for five years and now I can file for citizenship. I have a 10 year old son and no spouse. I realize I can file the form N-400 for citizenship but how or which forms do I have to file for my son so that he can be a citizen too or what is the correct procedure for me and my son to become US citizens?  

A - You don’t actually file an N-400 for a child. You become a citizen and your child gets the status automatically if he meets the five year residency requirement. You document citizenship by filing an N-600 certification of citizenship application after you complete your naturalization.

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Q - I have a quick question regarding traveling outside the US while the adjustment of status is under processing: 

I am on valid H1-B status and have a valid H1-B visa stamp. My AOS application was filed last week. Do I need to wait for the AOS receipt notice (I-797) before traveling internationally? 

8 CFR 245.2(a)(4)(ii)(C) states ....." and is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status".... 

My interpretation of this is that I need both my H1-B visa and I-797 for the I-485(AOS) before traveling outside the country or else my application could be deemed in abandonment. 

A - You can travel on the H-1B without the advance parole, but the regulation says you need the receipt for the I-485. I would plan on having that in order to avoid problems reentering and eventually completing your adjustment of status.  

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Q - I became a lawful permanent resident in April 2005 through my mom who became a naturalized citizen in 2004. In 2006 I got married and my wife is also naturalized citizen. My wife got her citizenship in 2003.   How soon can I apply for my citizenship?  

A - Section 319(a) states  

"Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may by naturalized upon compliance with all the requirement of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing."  

It does not say that the green card would have to have been obtained through the marriage. So you should be able to use the three year rule.  

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Q - I am an American natural born citizen. I was married for 7 years and was the petitioner for my husband. His status was adjusted a couple years ago and he has now become a US citizen himself. We have recently filled for divorce after being separated for 9 month and have been unable to reconcile. I plan on remarrying and wanted to know if it will be a problem if I also am the petitioner for my second husband? If not, how long should I wait after the divorce is final to remarry?  

A - You can petition for your second husband. I would suggest that you be prepared to show that you and you previous husband did live together and share your lives together, such as joint bills, insurance, joint bank account or other joint assets, etc.