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 – A local “school” here in my city is claiming that it can train recent Chinese immigrants to get their RN certification – and then, even if the person is out of status, they can get the person an “exemption” as an RN…leading to the person getting a green card. I have never heard of such a thing.
A – Merely having an RN degree will not get someone who is illegally in the US legal status or a green card. First, they need to find a job sponsor. That certainly is not that difficult anymore given the nurse shortage. But there are no guarantees. Second, the nurse has to pass a series of not so easy exams including the nurse licensing exams and the English language exams (including a spoken English exam). Then the biggest problem of all is that under current law someone out of status could have a big problem. Processing in the US is not available unless the person has been out of status less than six months or they had another green card application started before April 30, 2001. Processing at a consulate abroad may be possible depending on why the person is out of status and how long the person has been illegal.
The ad certainly sounds misleading.
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Q – If I want to convert my f-1 visa(student visa) to L-1 (business visa). Can I convert it? Thanks waiting for reply.
A – There is no prohibition against such a change if you have been maintaining your student status. But you would, of course, need to meet the normal documentation requirements for the L-1 intra-company transfer visa.
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Q – My husband has a pending asylum case, but has an annually renewable work permit. Can I be added to his application (we just got married), or will I have to file on my own?
A – You are eligible to be included in your spouse’s asylum application even if you cannot make a good case for asylum on your own.
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Q – My question is with regards to the process of adjustment of status. I married a US citizen 2 months ago. We had known each other for about 15 days, and decided to marry because we really connected from the first night we met (through a common friend). We’ve had unforgettable moments together, but things in the past weeks have doomed our relationship as husband and wife. My wife has been consistently under the influence to say the least, and even though there’s no physical abuse, she has managed to turn my life into a very ugly picture. She brought up the option of annulling the marriage while we still have time, however I’m concerned with my application for adjusting my status before the INS. I’m aware of the 2-year requirement, but I’ve also read that if the marriage was bone fide from the very beginning, then an Immigration Judge is likely to allow me to keep the residency. What should I do? Would it be better if we filed divorce in 2 months instead of filing for annulment sooner?
A – You would need to remain married at least through finishing up adjusting status and you need to remain married in good faith at that point. That means you need to be living together and convince an INS examiner that the marriage is still intact. After that, you will later need to prove to the INS that the marriage was entered into in good faith when you seek to have your conditions removed.
Given the short period of time you knew each other before you married, I would be very concerned about the INS viewing the marriage suspiciously. And the problems you are now experiencing are going to make things even tougher.
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Q – I need some help with the Child Citizenship Act. In 1999 I was 15, living with my father in California with a green card when my father got naturalized. My parents are divorced. The initial separation papers for my parents said my father had visitation and my mother had custody (the papers also provided that my full sister was in custody of my father with my mother to have visitation). When I came to live with my father in the US in 1995 the inital separation papers were never changed. Do I qualify for citizenship under this act? My sister was 17 living with my father and had a green card when he naturalized. Does she qualify? Would we be treated differently because of the initial separation papers?
A – According to the Immigration and Nationality Act, a child under the age of 18, in the legal custody of a parent and permanently residing in the US or who has a green card may also become a citizen when both parents are immigrants upon the naturalization of both parents OR the naturalization of the parent having custody over her if the parents are legally separated or divorced. So the two questions are whether you are a green card holder or were “permanently residing in the US” and also whether you were in your father’s custody. Even though your mother had custody of you initially, I suspect that she had to release you from her custody in order for you to come to the US. But that is something you need to discuss with your immigration lawyer. As for your sister, it sounds like she is probably already a citizen and needs to file for a passport or a certificate of citizenship since she was under 18, in your father’s custody at the time he naturalized and a permanent resident.
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Q – Does Pakistani’s who are immigrants in USA and are back in Pakistan for visit for some time, also have to comply before Dec 15th with the special registration act?
A – Permanent residents of the US are not subject to the special registration rules.
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Q – I 1996, while working on a temporary visa, my husband applied for an employment green card. At that time our twin daughters were under 21 and were included in the application. By the time the visa was approved (mid-1997), the girls had turned 21. As soon as our PR was fully processed, my husband petitioned for them as the adult children of a Permanent Resident (May 1998). Other than a receipt notice, we have heard nothing further. Is there any hope of the new child age out legislation being retroactive? I know this is unlikely but this drawn out immigration process has turned out lives upside down! We are almost at the stage where we can apply for citizenship, but are afraid that will further delay being re-united with our children.
A – The new legislation is probably not going to help here, but you can track the progress of the 2B family category on our web site at www.visalaw.com/visabulletin.html. You probably have another four years of waiting. But if you or your husband gets citizenship, then they can process right away because they should automatically convert to the First Visa category.
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Q – I have a friend that has an H-1B1 Visa and he is transferring this visa to another employer. Does he has to wait until the INS approves the new application or can he start working right away with the new employer. Also when you do a transfer, do you have to pay all INS fees and wait the total of the process?
A – He can change upon filing for the change of status. It is a good idea to wait until the receipt is issued by the INS. Also, should the case be denied, you obviously face the risk of falling out of status if the original employer will not take you back. As for fees, all INS fees are paid to the INS up front.
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