--Posted 3/9/05--

Q- I am located in California. I had a question for you about INS. In the year 2003 I applied for US citizenship and was denied because there was a misdemeanor on my record. In 1997 I was cited to court for soliciting a police officer. Can I re-apply? It's now been over a year. Do you think there is any way I can have a judge look at my case to pardon me so that I can gain citizenship?

A- A pardon must come from the governor of the state. You would need to check with a local criminal attorney to see if one could be obtained. You might want to consider re-filing, but unless I saw the denial, I would not be able to really comment. Generally a crime that is five years old should not affect an application for citizenship but there are exceptions to this.

Q- I am a green card holder and my wife is now in Germany (a German citizen). Since her first F-1 visa was cancelled by US Custom last year when she wanted to enter US with reason of immigrant intent. My wife is a devoted Christian and my church wants to hire her as part of the pastoral staff and sponsor her to apply for an R-1 visa. Will she be refused again due to immigrant intent?

A- The R-1 is a little more flexible than the F-1 when it comes to immigrant intent. But a bit question is what was done when she was refused admission last time, as it impacts on future entries.

Q- Is it possible for a persont o get an H-1B visa or other work visa with more than 12 years work experience even if he is a college undergraduate (more than 4 years in college with a few credits left to finish the degree)?

A-It is possible to obtain an H-1 based on education and experience. You would need to get evidence of your education (transcripts) and letters of experience and have them evaluated by an evaluation organization. These organizations hire university professors to determine if the work experience makes up for the missing courses.

Q- I want to sponsor my sister-in-law from India to visit the US for a house-warming ceremony. I have filed an I-130 petition in 2002 for the whole family, so is there a chance for her to get a visitor visa? Or is it illegal for her to enter as a visitor while her I-130 is pending? My brother (her husband) and their 5 year old daughter are not joining her; she is the only person planning to visit us. Please advise if she should go to Mumbai Consulate for an interview or is there no chance for her to get a visa?

A- With your brother and niece staying back in India and only your sister-in-law coming, she has a good chance of getting the visa. Remember, no petition was filed for her; only for your brother.

Q- I have my proposed employer in the US and they will get me as their Nanny. What kind of visa will I use with this type of work? They will shoulder all my expenses.

A- Virtually all nanny visas are through the J-1 program. Certain organizations are authorized to issue paperwork for these visas. Your employer must work through one of them to get the proper paperwork for you to present to the US Consulate.