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 teacher from another country wants to come to the US on an H-1B where the sponsor/employer is a teacher placement agency contracted to a school district in the US to provide teachers, must that teacher meet the qualifications for a teaching certificate in the state in which he/she will work before the visa will be issued?
A - H-1B applicants must show they are qualified to perform the job for which they are being sponsored for an H-1B. For a teacher, you would need to show that you have a license and meet any other required certifications. If passing certain exams is required for licensure, you will need to pass those exams.
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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.
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Q - I am from Macedonia. My sister filed form I-130 for me and my family in 1995. My number was available in May 2008 and now I'm at the end of consular processing. When my sister filed form I-130, my children were 11 and 10 years. When the number was available, they were 24 and 23 years. Do my children benefit from the Child Status Protection Act?
A - Whether your children benefit from the CSPA depends on how long it took for USCIS to approve the I-130 (The time from the notice date on or the receipt notice or priority date till the notice date on the approval notice).
You would subtract that length of time from their age on May 1, 2008, the date you said that a visa became available. If the new calculated age is below 21 then they can benefit from the CSPA, but only if a visa application is filed within one year.
So if they are eligible under the CSPA you will want to file the Form DS-230 by the end of this month. If you do not, then USCIS can claim that your child has lost the ability to benefit under the CSPA. There is case law that disagrees with the USCIS's harsh stance on this, but so far USCIS has refused to acknowledge those cases.
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Q - Recently my TN visa request was rejected because CBP says only Canadian Diplomas are valid. And my diploma is from out of North America. My degree is not in computer science. My degree equivalency made of my degree+diploma is also not acceptable for TN.
My main question is that are non-canadian diplomas or their equivalency not valid?
A - The CBP officer is incorrect if he states that only Canadian or US degrees are acceptable. The regulations permit other countries' degrees to be submitted. 8 C.F.R. §214.6(d) states:
"Degrees received by the applicant from an educational institution not located within Canada, Mexico, or the United States must be accompanied by an evaluation by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials."
If you have appropriate educational credentials evaluations documenting equivalency, then you should be eligible.
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Q - I am a U.S born citizen, my husband entered the U.S at 22 yrs old. He got permanent residency at the age of 28. We are applying for his naturalization this month. We were told upon applying for his permanent green card (last year) that he would need to be registered for the selective service to then apply for citizenship. I sent his application to the selective service as soon as we found out, but he of course got denied (being already 29 years old). I am afraid we will have problems with the citizenship app because of this. What should we do?
A - You actually should be okay. You need to register upon acquiring permanent residency IF you’re under 26 at that point. That was not the case for your husband.
