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 cleared my interview for naturalization. How long after that does it take to go to oath taking ceremony?
A – That really depends on the local INS office. Usually, anywhere from a few weeks to six months. Some local courts don’t have enough judges to handle the process, but the judges are unwilling to give up any of their authority to the INS to issue oaths. And this can cause serious delays for cleared cases. Other INS offices are simply slow in completing the paperwork and forwarding the information on to the folks that schedule the oaths.
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Q – Over 5 years ago, someone overstayed a tourist visa in Spain, was taken to the police department, and then expelled and banned from that country for 5 years. Must this person mention this incident on when applying for a US visa? Are there waivers for nonimmigrant and immigrant visa applications?
A – Overstaying a visitor visa in another country does not normally have a great impact on getting a visa to the US. However, for some types of visas, such as visitor and student petitions, the applicant needs to document that he or she is not likely to overstay or violate the terms of the visa. Living illegally in another country could certainly make a consular officer question whether one has sufficient ties to the country to return when the stay in the US is over.
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Q – I recently received my H4 approval notice. I would now like to travel outside the country. Is the H4 approval notice sufficient for re entry or do I need to go into the US Embassy overseas and get a H4 visa stamp in my passport in order to reenter the US? If so, what type of documentation do I need to take into the Embassy to obtain the stamp?
A – If you do not have an H-4 visa stamp in your passport, you need to plan on visiting a US consulate either in your home country or possible a US consulate in Canada or Mexico in order to get the visa stamp. Plan on taking a copy of your spouse’s H-1B visa package, a letter from the employer documenting that your spouse is still employed on the same terms as approved in the H-1B petition, a recent pay stub, a copy of your marriage certificate and the actual visa application – non-immigrant visa forms, photo and fee.
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Q – Is there a hold in LCA processing for green card applications? I am checking processing times for New York, it is stuck in April, 2001 for more than 6 months now.
A – April 2001 was the deadline for 245i and there was a massive surge in filings during that month. So many labor department offices are stuck working that pile of cases. I suspect that is the explanation here and you will need to be patient.
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Q – If I file Green card under person with extraordinary ability (As I am already on O1 visa, which may be helpful somehow- not Sure), As per new rule both I 140 and I485 ( adjustment of status could be filed at the same time, In case I want to change the present employer at which stage I can do that meaning after 6 months of filling both or 6 months after approval of I 140 pending adjustment of status. Of course I have to remain in that field of science.
A – Six months after filing the adjustment and not six months after approval of the I-140.
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Q – I heard that when H1B expires after 6 years, the employee can leave the country for a year and then re-enter on H1B. Is this true?
A – That is true. Once an employee has left the US for a year, he or she is eligible for six more years of H-1B status.
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Q – I had just finished reading through your July26, 2002 Article on the H.R 1209 law and I found it very educative. I’m a legal permanent resident here in the U.S and I filed a green card petition for my daughter about 3 years ago as a minor unmarried child. She had just turned 21 some days ago but her petition will be exactly 3 years old in 4 months time. I don’t know whether the H.R 1209 could make my daughter eligible for a V. visa despite the fact that she had already turned 21 while waiting.
A – I don’t believe the new law affects V visa eligibility. That would be very helpful, but I don’t read it as having any impact on such cases since in the case of V visas, there is no visa number available and that is required under the new law.
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Q – I am currently on F1 student practical training. I also have I-485 pending. My I-140 was approved through EB-1 and has nothing to do with my company. If my company changes me to H1, will this affect my I-485 approval or will this violate any law?
A – Your green card application should not be impacted by your switching to H-1B status based on what you are telling me.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.