--Posted 12/30/2005--
Q-In my U.S. Government class the discussion of naturalization came up. The discussion evolved to include the requirements, including renouncing citizenship of your former country. You helped my family obtain permanent residency 3 years ago, and other friends of ours. Through them I heard that renouncing citizenship of your former country may not be required anymore. I was wondering if you could confirm or deny this information, and the source if it is true. Thank you for your help.
A- This issue is a hot topic and the House of Representatives just debated this exact issue. An amendment was offered regarding the oath of allegiance to make it more modern as words such as "potentate" which are included in the oath do not convey much meaning to our society. The issue of renunciation itself was generally accepted as something necessary to taking on U.S. citizenship.
However, just because a person renounces other citizenships by taking the oath does not mean that the other country recognizes that renunciation. For example, the issue was one of the reasons for the War of 1812 between the U.S. and Great Britain. The British were taking sailors off U.S. merchant vessels and drafting them into the British Navy. These sailors had been born British Citizens but had naturalized and become U.S. Citizens. The British said, once British, always British, even though you renounced it in the oath to the U.S.
At the present time, many countries, including the U.S. and Canada, do not recognize oaths of allegiance given by their citizens to other countries. This is generally called "dual citizenship". This site has a list of citizenship rules for various countries, but now the list is old and not up to date: http:www.opm.gov/extra/
Q- I came to the U.S. on a J-1 visa and my 18 month academic training is about to expire in 2 months. I was subject to HRR and hoping to get a waiver in a month or two. I want to know if I could apply for H-1 under H-1 cap exempt for J-1. I am not a physician. Thank you.
A- Under the annual H-1B cap, only 65,000 nonimmigrants may receive H-1B status each fiscal year. An unlimited number of H-1B nonimmigrants are exempt from that cap if:
1. If they have an offer of employment from an institution of higher education, or a related or affiliated nonprofit entity; or
2. If they have an offer of employment from a nonprofit research organization or a governmental research organization; or
In addition to the unlimited cap exemptions, an additional 20,000 H-1B numbers are available each fiscal year for nonimmigrants who have earned a master's or higher degree from a United States institution of higher education. There is also a special cap exemption for physicians who obtain waivers, but this exemption does not apply to anyone other than physicians.
The government's fiscal year runs from October 1 to September 30 every year. Fiscal year 2005 runs from October 2005- September 2006. For fiscal year 2005, the H-1B numbers have all been used up, as have the 20,000 masters degree set-asides. Thus only those who have a job offer from an institution of higher education or from a nonprofit research or governmental research organization are eligible to enter H-1B status between now and October 1, 2006.
After October 1, 2006, 65,000 new H-1B visa numbers will be available, plus an additional 20,000 H-1Bs for those with masters degrees.
In order to change your status to H-1B you must have your waiver in place before your J-1 status expires. In addition, you can only remain in the US for a change of status if you have H-1B employment set to begin within a few days of the end of your J-1 status. Again, this is only possible if you are working for an institution of higher education or a nonprofit or governmental research organization.
Q-I am an R-1 visa holder and my wife and two children (daughter age 12 and son age 10) are R-2 visa holders. I have been a pastor of a non-denominational church in Singapore continuously for more than 12 years. Since September 20, 2005, I am serving as an Assistant Pastor with a non-denominational Church in the U.S. I am writing to inquire about permanent residency for my family.
A- In the past few years, USCIS has been particularly narrow-minded in its definition of what constitutes a "denomination". For the I-360 petition needed for permanent residency, you need to prove (1) that for the past two years, you have been a member of the denomination to which the petitioning church belongs; and (2) that you have two years of experience working in a ministerial or other religious occupation for the denomination to which the petitioning church belongs.
We have had problems with proving that one non-denominational church is part of the "same denomination" as another non-denominational church. In this situation, it may be best to wait until you have been working at the US church for two years before filing the I-360 petition, which is the first step in applying for permanent residency. Is there any organizational link between the foreign and US churches at which you have worked? Do they share a common governing body or any other indicia that they are part of the same "group" of churches? If so, it may be easier to prove that they are part of the same denomination and you could file the I-360 sooner.
Q- I am a Canadian citizen, several weeks ago i traveled to Flordia to visit with my boyfriend of close to a year, and we discussed m y staying in America and persuing my Degree as a RN here. We have tried to find help down here in Florida as to what i do, to seek citizenship here, but to be honest the INS offices here have no clue about Canadians, and have been little help, and we ha ve found it difficult to reach a office closer to the Canadian border. My main question is this, i have Indian blood in me, from my Great Grandmother, and i am aware of Section 289, and the Jay Treaty, which grants free passage rights to indians born in canada, iknow that they stated that u must have at least 50 per centum of indian blood, but it was a rule that has been "loosely" applied, and it has benefited the tribes....should i seek my status under that?
A- Section 289 of the Act is very strictly applied. You have to be able to document your lineage and show that you have at least 50 per cent Native blood.
Q- My Wife currently has a valid H4 visa(valid upto Jan 2007). Her I-485 is pending at NSC.She also has an Advanced Parole valid upto Jul 2006(She has never used it before to enter USA). She would like to travel to India during Feb'06 through Aug'06(Her H4 will still be valid). My question is can she enter US on H4 during Aug'06 if her I-485 is approved.Also does she need an Advanced Parole while her H4 is still valid?
A- If your wife's adjustment of status application is approved while she is out of the country, then when she enters the US she should present her H4 visa and also present a copy of the I-485 approval notice. She should request that she be placed in deferred inspection. After she enters the US, she will have to go to her local USCIS office to have her passport stamped with a temporary "green card" stamp.
Please note that if she is called in to the USCIS office for fingerprints/ photos while she is out of the country, the notice MUST be responded to, even if it is to request that the biometrics be rescheduled for a later date. If she fails to respond to one of these notices, then her adjustment application could be denied. The delaying of the biometrics appointment could very well delay approval of her adjustment of status application until after she returns to the US anyway.
In any case, no, she is not required to use advance parole to enter the US if she is on an H-4, because with an H-4 she is allowed to have dual intent and can use the H4 visa to travel. The Advance Parole is good to have as a back up if for any reason she goes out of H4 status. She has the choice when she shows up at a port of entry of presenting her H4 visa and being admitted as a nonimmigrant, or of presenting her Advance Parole and being paroled into the US as a "pending adjustment applicant".
Q- I have an us visa interview appointment in delhi in jan last week but have to trave only on may 15 should i change my appointment or go for it. can i ask for a 6 month validity of the b1/b2 visa and not a 3 month one.
A- The United States has reciprocity agreements with other countries which govern the maximum period for which a visa in any given category can be issued. You will have to check the reciprocity table for your country to see the maximum period for which a B1/B2 can be valid. See: http://travel.state.gov/visa/
If the reciprocity table allows a six month visa then you can request that yours be issued for a 6 month period. You can use the visa to enter the US at any point during its validity.
Q- Does NVC process all approved petitions even if a person doesn't file form I-824, or USCIS approved for both adjustment of status or consular process? Thank you.
A- Once an I-130, I-140, or I-360 petition is approved by USCIS, it is transferred to the National Visa Center if consular processing was requested. NVC automatically begins the process of guiding you through the immigrant visa application process upon approval of the underlying petition. You do not need to file a form I-824 to initiate this process.
If, on the other hand, Adjustment of Status was requested in the underlying petition, USCIS will hold the petition and will adjudicate the I-485 adjustment of status application. Your I-130, I-140, or I-360 Approval Notice from USCIS will state on its face whether USCIS is holding the petition until you file your adjustment of status applicaiton; or whether they have forwarded the petition to the National Visa Center for immigrant visa processing.
An I-824 is only required if you have a derivative relative who is abroad. The I-824 is used to request that USCIS notify the US Consulate abroad that your relative is eligible for an immigrant visa. If you do not have a relative in that situation, then you do not need to use a form I-824.
