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 under 18 years old when my parents became U.S. Citizens. Do I still have to file a N600 to become a citizen or is there another application? 

A - You would file the N-600 to document your citizenship or instead file for a passport from the State Department.  

*****  

Q - I have a couple of questions related to an I-130 family-based 3rd preference immigration application.  

My father, a naturalized U.S citizen, filed an I-130 for my brother based on family third preference. My brother is married with a wife and son (12 years old). The I130 was received by USCIS on March 15, 2007.

USCIS sent out notice I-797 on March 21, 2007 (notice date). However, the priority date on the notice is empty.  My first question is:  Does my father need to file additional form to establish priority date for the case? Or the priority date is assumed to be date that USCIS received the I-130.  

My 2nd questions is: the visa number won't be current for possibly another 8 years, and probably my nephew's age will exceed 21 when the visa number become available. Will CSPA be applicable to him to prevent him (derivative beneficiary) to age out? After I read the original CSPA and various comments, I am still confused about what is the effective age for the derivative child (for immigration purpose) if the I-130 becomes current after the child's 21 birthday.  

My third question is: If my nephew applies for F-1 or B-2 visa before the I-130 visa become current, how should he answer to the question: is there immigration petition filed on his behalf? If my bother want to apply for B-2 visa before I130 visa is current, how should he answer the same question?    

A - 1) The priority date for the I-130 is the Receipt Date on the Notice of Receipt.  

2) You will not be able to make a determination of whether the CSPA will protect your nephew's status until you know when the visa will become available, which will not happen until the priority date is reached on the DOS Visa Bulletin. You cannot make that determination at this time. The best you could do is making an estimated guess once the I-130 is approved.  

3) The I-130 filed on behalf of your brother would not obligate your nephew to answer yes to this question. Your brother WOULD be required to answer yes to this question.  

*****  

Q - I am a holder of B1/B2 Multiple visa which is valid up to June 5, 2017.  Last July 8, 2007 I traveled to Los Angeles , California to visit my children and grandson and stayed up to January 3, 2008, four (4) days short to duration of stay of six (6) months granted by the Immigration authorities. 

My query - Is there a prescribe interval of travel per year for holder of multiple visa?  I am planning to travel again to Los Angeles on April 2008 to visit again my children, all of my children are working in California under working visa.

For information, I am a retired overseas worker, sixty seven (67) years old.  

A - There is no prescribed limit, but I usually suggest waiting a few months between trips in order to demonstrate that you don’t have a job in the US (a quick return to the US might indicate that) and that you have an overseas residence you are maintaining. So the four months you’re staying outside the US will probably be sufficient. There are no guarantees, of course.