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 - I was approved for my GC (I-485) under extraordinary ability in science. After GC approval in 2004 I have been in similar job of science. But now, I am leaving Science and want to start take up small retail sales associate job with intention to start my own import export business in coming months, which is un-related to Science. I was wondering at the time of N400 consideration (citizenship) would it amount to be wrong on my part that I am not keeping my outstanding category job and will affect my citizenship application. One has to remain for 5 years in Science (extraordinary ability based on which GC was approved) till time for citizenship comes.

A - You are not required to work in your field for the five years of residency needed to naturalize. Switching to something new right away after getting your green card might have looked suspicious, but two+ years should be fine, in my experience.

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Q - My father who is a US citizen has filed for me. My priority date is March 2000. I am married and he has filed for me under the married person category. However, I have a stepson (who is 15 years old) who lives with us and my husband has sole custody. I would like to know whether I would be able to take him with us when we immigrate to the US . Is it a case where I would be able to add his name to the forms when they are sent to me for execution?

A - When applying under the Family 3rd category (married children of a US citizen), spouses and children under 21 can immigrate with you. As you married your husband prior to the stepchild's 18th birthday, he will be able to immigrate with you and your husband as long as the visa number becomes available prior to his turning 21.

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Q - I am a GC holder from May 2000. I used to come to US once a year to maintain my status. In July 2004 came back to US permanently. Can I apply for Citizenship in 4 years and 1 day? I have never had any problems with INS/Border patrol. Thank you!!

A - You have to meet several tests to apply -

- 2.5 years total time in US over last five years

- 4 years and nine months of green card status

- No more than a year absent from the US and no more than six months absence - without proof of intentions to remain in the US as a green card holder

- 90 days residency in the district where you are applying for citizenship.

If you meet all these residency tests, you should be eligible to apply for citizenship.

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Q - My wife and I are in the Family Third family immigrant category and the priority date is May 2000. I was told in 2002 that we would be called in 4 years as of 2006, but when I call the embassy now I learn they are dealing with priority date as of December 1998 what do you think we can do to rush the case?

A - Any predictions made in 2002 were just that - predictions. No one knows in advance how quickly numbers will move because they are based on visa usage that changes from year to year. You can only watch the numbers as they are posted in the Visa Bulletin at travel.state.gov. Unfortunately, you cannot process until your priority date is current according to the Visa Bulletin.

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Q - I just want to ask what does this mean when I check my receipt number at the USCIS site...

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On March 13, 2005, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

Is this means that my application has already been approved?

A - It means the I-130 application was approved. If this is an immediate relative case (spouse of US citizens, parent of adult US citizen, child under 21 of US citizen), processing can proceed for the green card. If it is another kind of family case, then you need to wait until you get to the front of the queue for that category. You can check the progress by consulting the Visa Bulletin at travel.state.gov.