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 - Is your credit checked when applying for naturalization?
A - No, it is not.
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Q – Suppose someone is provided an offer of employment for six months, with a 2 ˝ year extension of the contract if the probationary period is successful. Can the employer ask for a three year H-1B approval if the employer agrees to give the employee three to six months notice if the contract is going to be terminated?
A - This should be permissible, but the employer would have to agree to pay the return airplane ticket home for the employee if the employee ends up going home.
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Q - I am a Canadian, and my husband is a Chinese nationality. If I got an E-2 visa as a principle, can my husband work for my E-2 company? I know he can apply for an open work permit?
A - Yes, that should be permissible if your husband works on the basis of his employment card.
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Q - I have my I-140 approved and my priority date is March 8, 2006. I have submitted my I-485 in July 2007 and have a receipt date from the Nebraska Service Center set to Sept. 18, 2007.
Right now the "Department of State" has set the visa dates to "Unavailable" in my category, which is EB-3. Are the cases that were filed still being processed? Or is the process ended till September 30, 2009? Is the Nebraska Service Center going to keep processing cases or does "Unavailable" mean that they have no visa numbers to give anymore?
A - “Unavailable” means no new I-485 cases will be accepted in the EB-3 category until visas are again available. And pending cases will not be approved until numbers are available again. As for whether cases will be worked, my assumption is yes, though I have not seen the question addressed yet.
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Q - I became a naturalized citizen in 2003. After that, I brought my 7 year old son as a lawful resident in 2005. Is he a US citizen?
A - The child is a U.S. citizen if:
1) the child is under 18 years old;
2) the child has been admitted to the U.S. as a Legal Permanent Resident (green card holder);
3) the child is living with you and you have legal custody of the child;
4) you are a U.S. citizen, and;
5) you are the child's biological parent.
