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 - I was born in the USA and brought to Canada by my parents as an infant. I want to return to the USA to live. I have a very old criminal record. Can I move down to the states?
A - If you were born in the US, you’re a US citizen (with the very, very minor exception of certain children of diplomats). A criminal record does not change that fact and you should be able to get a passport to return.
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Q - What application type would I fall under when applying for the I-131 travel document: the re-entry permit or the advance parole? I am married to a U.S. Citizen and have filed all the necessary forms such as the I-130, I-485, & I-765. As well as, I have done the biometrics for the I-485 and I-765. If I file for the advance parole, can I place a date of travel that I am not sure of?
A - You file the I-131 and request advance parole. Reentry permits are for people who already are permanent residents. You should put your estimated travel date, but if you don't travel at that point or change your plans, USCIS is normally pretty flexible.
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Q - If someone is entering America on a visa waiver and they stay for 10 days how long does that person have to be out of country before they can re-enter America again? Is there a time limit that someone on a visa waiver has to be out of country before they can re-enter. I read that they can only stay in America for 90 days, but I could not find how long they had to stay out, if there is any time limit.
A - There is no time limit to stay outside the US. If someone stays 89 days and then tries to enter within a few days, a border officer may be suspicious, however, about the person's intentions. But a short trip followed by reentry a short time later will probably not be as big of a deal as long as the visitor has a credible story explaining their travel plans.
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Q - I am an international graduate student on F-1 visa, but I also have an approved family immigrant petition [section 203 (a)(2)(B) INA, unmarried child 21/older of permanent resident] pending with a priority date of April 2001. I have searched for jobs with my F-1 visa for the Curriculum Practical Training (CPT) program but to no avail.
Is it possible for me to file for an Employment Authorization Document with the Notice of Action (I-797) of my family based petition i received from the US Department of Justice?
A - Unfortunately, you can’t get an employment card based solely on having a filed or approved I-130 tied to your family green card petition. You must wait until your priority date is current and you have filed an adjustment of status application.
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Q - I would like to sponsor my friend who lives in England to be my nanny. What is the first step we should do to get this done and can we sponsor her? She does not have a visa at this time. Please help us get this done. We think it would be a great opportunity for her.
A - The only viable option in most cases for sponsoring a nanny is the J-1 au pair visa. Your friend would have to be under 26 and you would need to work through an au pair agency. The article on our web site at http://www.visalaw.com/05aug3/2aug305.html may be helpful.
