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 - What states constitute the new BCIS Missouri Service Center's jurisdiction?

A - It is a national service center. For the limited types of cases it handles, it services the entire country.

*****

Q - I am an international university student in the US. I read your article and am very impressed by the depth of matter that you have covered. However I have one question regarding your discussion on this point "Can a student get an additional year of practical training if the student enrolls in a new program at a higher educational level?" My question is: Can I get an additional year of practical training if I enroll in another masters program ?" I am currently pursuing my masters degree in Computer Science and planning to start another masters in Economic Development. so can I get an additional PT year.

A - You need to go for a higher level degree to get another year.

*****

Q - I heard there is going to be a change in the Green card processing from October onwards and its going to be a premium processing where we get the Labor cleared in 15 days.. is it true? If so will the currently waiting members can shift to that process?

A - You are thinking of the proposed PERM program. The Department of Labor is now estimating the program will go into force early next year. Under PERM, employers will file cases with the Labor Department and the DOL will randomly as well as by profile select cases for supervised recruiting while most cases (probably 6 out of 7) would get approved with no further action necessary. The PERM program's proposed regulation has been criticized by many for containing many provisions that have nothing to do with PERM's goals and which would make the overall process much tougher, particularly for small business owners. So its delay has been delayed as, presumably, the Labor Department is addressing the raised issues.

*****

Q - I had a question. I have an H1B visa and will be applying for my green card. My question is that if I were to get married (my spouse will have H4 visa) will he be able to pursue studies in the US under that status?

A - Yes, H-4s are permitted to study.

*****

Q - I know that i have to be in United States for 5 years to apply for citizenship. I have a Green Card already and I am planning a trip outside USA for 6 months. Is that time going to count against me and am I going to have to make up that time here in USA. Does it mean that I m going to have to stay here for 5 years and 6 months and then apply for citizenship? Thank you.

A - Aside from having to have a green card for five years, there are three residency requirements that must be met:

1. You need to reside for 90 days in the location where you are applying for citizenship
2. You need to have been physically present in the US for at least half of the five year required residency period; and
3. You must have resided continuously in the US. Any break of more than six months of continuously staying in the US will create a presumption that you have broken your residency.

So if you can avoid any trip of more than 180 days, that will help you avoid naturalization problems.