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 permanent resident through the lottery visa. How many years do I have to wait before I can apply for citizenship?
A – You must wait for four years and nine months from the day you officially became a permanent resident before you can apply for citizenship.
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Q – There is a web site on the internet which says that you can apply online for the lottery visa, for a fee of $45 US for one year registration or $80 US until you win. The registration period for this year is from January 2 trough October 20, 2002. Is this valid or not?
A – You can find all the information you need on the lottery on my web site at www.visalaw.com/greencard.html. There is no government fee to enter the lottery. Some firms, ours included, offer lottery entry services as a convenience to people who want to use our US address or have us mail the application from the US or just don’t feel comfortable preparing the applications themselves. But many people are just fine handling the process themselves and sites that indicate that they can improve your chances of winning or who indicate that the process is too complicated for the average person are often misleading their visitors.
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Q – Can Canadian citizens accrue unlawful status if admitted without an I-94, and overstayed about a year but was never seen by an INS officer or INS judge? How does it effect an application for a K-1 visa and subsequent AOS application?
A – For now, unlawful presence is tied strictly to overstaying an I-94 or being found out of status by the INS. It would normally not apply in the situation you mention. The INS is said to be considering modifying its view of how unlawful presence is to be measured, but for now this is how the law works.
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Q – I have recently received my greencard through employment sponsorship & now thinking of applying for a citizenship. I understand it takes about 5 yrs to
become a citizen, however, with all these changes going on, I hear different informations from different people regarding length of time that it takes to
become a citizen of this country. It would be very helpful if you can kindly guide me to the latest information regarding to application for citizenship.
A – The residency times for naturalizations have not changed in many years. It is generally five years. There are some very narrow exceptions for people working abroad for the US government, American corporations and international organizations. Also, spouses of US citizens can often apply after three years.
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Q – I just transfered a H1B visa to a new employer and I was wondering if I can work as a bartender for a Friend 3 nights a week, or that would be consider illegal employment??
A – Unless you had a separate H-1B approval for work as a bartender (which is basically impossible), this would not be permissible.
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.