Ask Visalaw.com

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 am a religious worker (R1 visa holder) in the process of adjusting of status. I was allowed to work without EAD only for my religious organization. I was issued EAD recently (c 9). Can I work for non-religious organization and receive a salary on this base or I need to wait for a Green card?

 

A - You can take on extra work with the EAD, but if you fail to work the hours you've described in your I-360 petition for your sponsoring organization, USCIS might question the validity of the petition.

 

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Q - I have read that there are two kinds of citizenship - state citizens and Federal citizens. Can a person be either of these to be a citizen of the United States ? Also, is there a difference between a national of the United States and a federal citizen?

 

A - Not quite. A person can only be a citizen of the US . But states have separate rules regarding who is a resident. This makes a difference in taxation and access to benefits such as in state tuition discounts for state residents.

 

Nationals of the US are people from certain territories and possessions of the US who owe allegiance to the US and have many of the same rights as citizens, but who are not actual US citizens.

 

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Q - Would you please let me know what kind of documents I may be asked to produce at the citizenship interview? Also, do they give me the opportunity to swear in right after the interview on the same day?

 

A - You should have original documents of anything you submitted in the application as well as anything USCIS tells you to bring in the appointment letter. Most locations in the US will have an immigration judge issue the oath of citizenship. It usually will take several weeks to a couple of months to be sworn in after a successful interview.

 

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Q - Is a person with an associate’s degree eligible for an H-1B visa?

 

A - An AA degree would normally not be enough since you must show the position normally requires a bachelors degree. Occasionally, someone with an AA degree and many years of experience can qualify if they can show the job requires a bachelors degree.

 

 

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