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 have been working in USA since April 2000 on H1B (Valid until March 2003) and my family is also here on H4. I had applied for Canadian immigration and that is now approved. I need to enter Canada before 12th May 2003 as per the regulation of Canadian immigration. If I enter Canada by road with my family in the next 2 to 6 months, so as to satisfy the entry condition before the expiry, can I stay only for a day or two and then return to USA to continue working? Do I have to inform INS about my having obtained PR status for Canada ? PS: My green Card for USA is under process and I don't wish to go permanently to Canada unless and until I get the decision on my green card.

A - Entering Canada to obtain your landed immigrant status will not affect your H-1B visa. You do not need to inform the INS about your landed immigrant status. Your green card application also should not be affected. Keep in mind, however, that while being a permanent resident of Canada will not prevent you from getting a green card, if you spend a lot of time in Canada and not in the US after you get the green card, then you risk

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Q - I was born in the US . My father was a diplomat on an A visa. I have heard that I am not a US citizen. Is this true?

A - Children of accredited diplomatic officials are not considered citizens at birth.

The key is whether the parent and the entire family had diplomatic immunity. Most A visas do, but you would actually need to check the State Department Blue List for the time when your parent was working in the US . There are some diplomatic officials who do not receive immunity and their children are citizens at birth. Children of the following people are typically considered citizens at birth:

1. persons on the State Department's White List (people on this list may get diplomatic immunity but their children do not)

2. consular officers and members of their staffs (there are exceptions here)

3. employees of foreign missions accredited to the UN or other international organizations if they are not listed on the Blue List or UN Privileges and Immunities List

4. Officers and employees of the UN or other international organizations if they are not listed on the Blue List or UN Privileges and Immunities List

5, Diplomatic officials not on the Blue List because they have not been officially accredited yet or because their accreditation was terminated.

To find out for sure, we normally need to write to the State Department for an official opinion.

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Q - I'm a US citizen, but my question concerns my son. Some 25 years ago while I was in the US army, stationed in Germany a German national had a child by me. We never married and I left Germany . She married another US army personnel and moved to the states with my son and has lived there ever since. I lost contact with them some 20 years ago and recently found my son. He told me that he isn't a US citizen. My question is: Since he is my son, which can be proven by DNA, would he be a US citizen?

A - Your son may be able to claim citizenship if you can show you agreed in writing to support the child until age 18 and while the child was under 18, you acknowledged paternity. There are additional rules, but if that threshold requirement cannot be met, then you will not be able to confer citizenship on your son (though a green card is possible).

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Q - I am currently working in the US on an L1A visa. The company I work for has applied for a green card on my behalf. I am considering accepting a position with another company in an executive capacity (Director of New Media). I realize I would have to abandon the current application and transfer to an H1  visa which would leave me about 2.5 years of H status left. Is the process for green card applicants the same for executives? Will the 2.5 years left in H status be sufficient to move through the green card process far enough to allow me to stay if H status expires? Are there other options for me (i.e. TN status)?

A - Actually, from an immigration point of view you really want to consider carefully making this move. You probably are going through a fast track green card process that mirrors the L-1 application process pretty closely. If you move, you'll have to go through a labor certification which will require your new employer to document that they are unable to find a qualified American immediately available for the job. That's not always easy for executives. This also means an extra year for the green card process. Definitely discuss this with your lawyer (not your company's) to see whether you may be at a stage in processing that will allow you to leave and not abandon the green card. Otherwise, you probably are okay to switch as long as the next employer starts the green card process right away. If a labor certification is filed before you begin your sixth year in L or H status, then you can extend the H-1B visa in order to complete green card processing.

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Q - Is there any limit to how many times (and how often) someone can visit the U.S. using the Visa Waiver Program?  Also, can someone apply for the K engagement visa while they are here under the Visa Waiver Program?

A - There are no limits on how many times you can enter using the Visa Waiver Program. However, a border officer always has the discretion to deny you entry if they suspect that you have intentions to remain permanently in the US, are working illegally here, or are otherwise not going to comply with the rules. Leaving and reentering the US too frequently and with very short gaps between leaving and reentering will potentially draw suspicions.

As for applying for the K-1 visa while here in the US , that should not be a problem as long as you leave the US in a timely manner. In fact, it is the more appropriate to do this than to enter on the Visa Waiver and then marry and apply for adjustment while on that same trip.