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 have a couple of quick
questions regarding filing for naturalization.
I have 3 children (13,11,and 7),all of whom have
b
een on my petitions since k-1, AOS, I-751,etc and all have green cards.
1. When filing for naturalization for us all, do I pay the fee for just me or do
I pay it 4 times?
2. Do they need to
b
e fingerprinted or just me and what is the age that fingerprints
b
ecome a necessity?
3. Do they need to attend the interview.
4. If i decided not t
o n
aturalize, at what age could they do it themselves?
A - Your children
automatically
b
ecome citizens with you and d
o n
ot process under separate fees or applications. They will not
b
e fingerprinted and they will not attend the interview. After you naturalize,
you will file N-600 fo
rm
s for them to get their proof of citizenship. I'm not sure a
b
out how you would opt out of naturalizing. I'm copying a col
lea
gue who might know the answer.
***
Q - I would like your opinion
on the following issue. I am in the
US
on a H-1B visa. I got laid off a
b
out four weeks ago, and my fo
rm
er employer has already notified the INS a
b
out my te
rm
ina
tion. Last week I got an offer for a new position. The pro
b
lem is that the new employer (educational institution) is reluctant to apply for
the transfer of my H-1B
b
ecause it has
b
een more than 10 days since my lay off. Are their concerns justified? Is there
something that could
b
e done so that I can t
ak
e this jo
b
without
lea
ving the
US
?
A - You should pro
b
a
b
ly file for premium processing and
lea
ve and then reenter with the new approval notice. The whole process would t
ak
e just a few weeks. You are out of status so it is likely you'll have to
lea
ve. You can ask the INS to exercise discretion and excuse the pro
b
lem. But the INS is not very tolerant these days for such pro
b
lems.
***
Q - I am currently under F1
Visa status and am thinking of
b
uying a
US
b
usiness. I understand I would need to convert my Visa to an E2. I also have my
two daughters with me whom are under F2 status. Our nationality in British.
The
b
usiness is $240,000 and I would
b
e putting $30,000 to $40,000 down. It is a well esta
b
lished ( since 1993) retail store in
California
.
A - There may
b
e a pro
b
lem putting only 1/8 or 1/6 down and also a pro
b
lem with the size of the investment. First, we usually recommend an investment
of at
lea
st $50,000 to
b
e t
ak
en seriously. Even that num
b
er is low,
b
ut we have gotten cases approved at that level. But more is definitely
b
etter. Second, the INS and State Department sometimes use a sliding scale that
they are allowed to reference in dete
rm
ining whether an investment is “su
b
stantial.”
- If
the value of the
b
usiness or the cost to start it is less than $500,000, a minimum 75%
investment is required.
- If
the value of the
b
usiness or the cost to start it is
b
etween $500,000 and $ 3 million, a minimum 50% investment is required.
- If
the value of the
b
usiness or the cost to start it is over $3 million, a minimum 30% investment
is required.
***
Q - I am currently working on
a H1B visa with company x for the last 6 months, it is my second H1B as I got
lay off my previous jo
b
. My current company x is very small and on the verge of
b
ankruptcy, if I do find another employer to sponsor me do you think the INS will
approve a third H1B for the same person? Are there any rules how many H1B one
person can have?
A - I don't see a pro
b
lem switching again as long as the next position qualifies. There are no limits
on switching employers.
***
Q - I have a question regarding 'Work pe
rm
it for H4 visa'. Heard from friends that there is a new law wherein a H4 visa
holder can apply for work pe
rm
it and work in the
U.S.
Is this true?
A - There is no truth to this.
Spouses of E and L visa holders can now work,
b
ut this is not true for spouses of H-1B visa holders.
***
Q - Is a citizen of
El Salvador
who failed to fileI-765/I-821 within required time f
ram
e (
11/12/2002
) a
b
le to reapply? Has an extension
b
een granted to people from El Sal to apply until
03/09/2003
?
A - According
to the BCIS, Completed re-registration applications for TPS must have
b
een mailed
to the appropriate
Service
Center
and
postmarked on or
b
efore
Novem
b
er 12, 2002
. Re-registration
is necessary even though INS pu
b
lished a notice in the Federal Register on
July 11, 2002
extending the TPS Employment Authorization Document (EAD) validity period from
Septem
b
er 9, 2002
to
March 9, 2003
. The automatic EAD extension is designed only to prevent gaps in
employment authorization while re-registration applications are processed,
b
ut it does not relieve TPS
b
eneficiaries of the responsi
b
ility to timely re-register for TPS
b
enefits. So it sounds like you are not eligi
b
le.
***
Q - Hi there, my friend has a
multiple entry visa for five years. She was in the
United States
for 14 months. in that period, she applied for asylum
b
ut she was denied. She was told to deport from the
United States
. Therefore she went home on her own. While she was in the
United States
she applied for extension of stay and she was granted six more months. However,
when she left the
United States
she only overstayed 60 days. She applied for asylum while she was in good
status. Now she wants to come
b
ack to the
United States
as a visitor on the same passport with the multiple entry visa. Will she
b
e allowed to enter the
United States
?
A - Both the overstay and the
asylum application will
b
e pro
b
lems. The asylum tends to show that your friend does not wish to return to her
home country. And the overstay shows that she may not comply with immigration
rules. I pro
b
a
b
ly would look for other options to enter the
US
such as through a work visa
b
ecause I think entering in visitor status again is risky.
***
Q - Do I legally need a
"green card" if I am an American Indian
b
orn in
Can
ada
?
A
- There are special provisions that allow certain American Indians
b
orn
in
Can
ada
to get a green card. Basically, any American Indian
b
orn
in
Can
ada
who is at
lea
st
50% American Indian is entitled to file for pe
rm
anent
residency and you would need the green card to show you are legally entitled to
remain in the
US
.
You would file fo
rm
I-181 with the Bureau of Citizenship and Immigration Services to get a green
card.
