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 F-2 visa holder and living in Ohio. I know many international graduate student families put their US born children on public assistance. Some of them do intend to want children being born here during their stay in the U.S. in order to get public benefits. As you know, international students are usually wealthy enough to have proof of sufficient funds to bring their spouses come to the U.S. Since F visa holders are not permitted to work in the U.S., US welfare government department always regard international students family as "Low-Income" households automatically and approve their benefits. Therefore, we often can see international students drive BMW, Benz or Lexus vehicles on the street but their US Born children are considered US citizens who have been accepted by welfare benefits. This is kind of strange phenomenon.

My family is also an international student family and we have a US citizen child. We begin wondering that if public charge is not a crime and US government does not force any international students cannot accept public benefits on behalf of US citizen children. We consider to use public benefits just like them. Is that legal?

A - Your question really bothers me. F-1s are NEVER supposed to seek Welfare benefits and if some are “working the system” to get those benefits, they’re risking serious problems. Yes, you can get public benefits for US born children. But if any F-1 or F-2 family members receive any benefits then they are putting themselves at risk of deportation on public charge grounds. And it will certainly cause problems if you eventually seek a green card. I'd strongly urge you NOT to accept the benefits. You also promised the consulate when you got the F-1 that you had the funds to support yourself so your accepting benefits tend to make a person think you were not being honest. Even if you only get benefits for a US citizen child, a consulate could decide you don’t have adequate funds to be a student in the US and could deny a visa renewal.

In any case, you are permitted to work on campus. And if you have a dramatic change in your financial circumstances, your international student officer has the ability to seek emergency work authorization for you.

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Q - Someone told me his friend's mother who lives abroad had to enter the U.S. every 6 months to retain her green card.  What's the general requirement?

A - The article on our web site at http://www.visalaw.com/01jan4/12jan401.html may be helpful in addressing this question.

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Yes, there is no minimum age to qualify for an F-1 visa.

Can I apply for a F-1 student visa if i'm under 21 years old?

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Q - I got my I-485 approved last week. And the local INS office in NY stamped I-551 on my passport and marked "Employment authorized". The stamp is valid for one year.

The INS representative told me I can travel to oversea with this stamp, and I will receive the actual plastic green card in the mail within weeks to 10 months. But I saw from a lot of Internet that saying there is no guarantee that I can come back to US if I travel overseas with the stamp in my passport. Can you give me some accurate information regarding this? I don't have other documents to prove that I am lawful permanent resident. Plus the local INS office took back my work authorization card.

A – The internet information is incorrect. You can use the I-551 stamp in your passport the same way as a green card and it is fine for traveling. Also, you can use the stamp as proof of your right to work.

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Q - I was born in Bahrain in 1965 but returned to India at the age of 6 months and since then have lived in India and for 10 years in the US on a nonimmigrant visa. I hold an Indian passport. Can I still claim to be a native of Bahrain for DV2006?

A - You are eligible for the lottery based on your place of birth, not your nationality. So you can enter assuming you meet the rest of the lottery rules.