In our Ask Visalaw.com section of the SIB attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

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.   

Question: I came to the US with a K-3 visa in March of 2007 and I received my green card in September 2007. I would like to apply for citizenship. I know I have to wait three years before I am eligible, but do I count the three years from when I came in to the U.S. or do I count the three years from when I received my green card?

Answer: In calculating the length of time that a foreign national is a permanent resident to determine eligibility, the foreign national should start counting from the day they became a permanent resident. The newest versions of the green cards have a “Residence Since” date listed, which is the date the foreign national first became a permanent resident. Start counting from that date.

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Question: My permanent resident mother filed an I-130 petition for me after I turned 21. I recently received a letter from the National Visa Center that a visa is now available and that I can apply for the visa. But I have been in the U.S. out of status for more than a year and I am afraid to leave the U.S. because of the 10 year bar. I came to the U.S. on an F-1 visa as a student and stayed after my program ended. Any ideas?

Answer: The 10 year bar applies to foreign nationals who enter the U.S. without inspection or who overstay the date listed on their I-94 and are therefore "unlawfully present" in the U.S. for at least one year (Those that are unlawfully present for 180 days can be subject to a 3 year bar). This bar takes effect when the foreign national leaves the U.S.

However, F-1 students who are given I-94 cards that list D/S (duration of status) under their expiration date do not have an expiration date to overstay. They therefore do not accrue "unlawful presence" from staying the U.S. when their program ends. They therefore should not be subject to the 10 year bar which would be very good news for you. You could very well have to process the application at a consulate, however, due to your status violation

That being said, as the consequences of the 3 and 10 year bars are so severe, it is recommended that anyone that has been in the U.S. out of status consult with an immigration law attorney before leaving the U.S. to apply for a visa at the consular post abroad.

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Question: I am a naturalized U.S. citizen. I have been living in Italy for two years.  Can I lose my U.S. citizenship by living outside the U.S. for too long?

Answer: No. Naturalized citizens have all the same rights and responsibilities as those who received their U.S. citizenship through birth. This means that you will not lose your U.S. citizenship by living in another country. Enjoy your time in Italy and know that, as long as you do not proactively renounce your citizenship, you will continue to remain a U.S. citizen even if you live the rest of your life abroad. One caution, however, is that if you have children born outside the US, they may not automatically get US citizenship if you are not residing in the US. The rules on that subject are very complicated and you should talk to an immigration lawyer if this is an issue.

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Question: Does a visitor on a 90 day visitor visa have to return to their country or can they go to a closer country? Can they return for another 90 days? How long would they have to stay in that country?

Answer: There is no requirement that a foreign national on a visitor visa or visa waiver program return to their home country. They just have to leave the U.S. before the expiration date on their I-94 entry document. They cannot get an additional 90 days, however, by merely going to Canada or Mexico without either going to another country from there before seeking to return or unless they stay 30 days or more. Otherwise, US immigration law does not consider the visitor to have actually departed the US.

There is no set amount of time that the foreign national must stay outside the U.S before they are eligible to come back to the U.S. as a visitor. When the foreign national applies to reenter the U.S. the government officer will make a determination as to whether they believe that the person is coming as a visitor or whether the person is actually living here in the U.S. using the visitors visa. If the officer believes that the person is not a true visitor, they will deny entry. How long the person stayed outside the U.S. before trying to reenter will be one of a number of factors in their decision.

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Question: I have an application for adjustment of my status to permanent resident based upon the petition filed by my husband. My husband received the letter for the interview but we missed the interview because I was in the hospital. I called the USCIS 1-800 number and let them know the reason I missed the interview and they said I will receive a letter in the mail.

Answer: If you can, you should make an appointment to visit the local office and explain your situation to an information officer. You make the appointment (called an Infopass appointment) on the USCIS website, www.uscis.gov. You must bring a letter from the hospital to show your reason for missing the interview. If you are unable to travel to the local office to make the request in person, then you should write a letter to the local office including the letter from the hospital.

You should not assume that the National Customer Service Center (the 1-800 number) has told the local office of your request. The lines of communications between the various immigration offices are weak and even if they do pass the message along to the local office, they may not send the message until after your application has been denied for failing to appear at the interview.