--Q&A 9/18/06--
Q- I applied for my Citizen (N-400)and already got my Finger Prints on June 14, 2006. I am a Lawful Permanent Resident from last 5 years and my 5 years complete on July 15, 2006.
I have four kids who all are currently under 18 years and are Lawful Permanent Residents. However my eldest is turning 18 next month.
My question is: If I didn't get my Citizenship before my daughter turn to 18 then what I have to do to get her Citizenship. She has already broken her continuity of Stay.
A- If you are sworn in as a citizen before your daughter turns 18 then she will automatically become a US citizen per section 320 of the Immigration and Nationality Act, provided that she is residing in the United States in your legal and physical custody pursuant to her admission as a lawful permanent resident.
If your daughter turns 18 before you are sworn in to US citizenship, then she will need to apply for citizenship on her own. If she has abandoned her residence then she is ineligible for naturalization. (See our article on abandonment of residence, the last section of which deals with abandonment of permanent residence for naturalization purposes: http://www.usvisahelp.com/art_
Q- I will enter in US with a F-1 visa in August. Is it possible to change for a R-1 visa? I´d like to know about the requirements...
A- Yes, it is possible to change status from F-1 to R-1/ Religious Worker, provided that (1) you are maintaining F-1 status at the time you file your application to change status to R-1; and (2) you have a qualifying religious worker job offer from a qualifying U.S. religious organization. A general outline of R-1 requirements is available on our web site.
Q- I am about to have my interview for my immigrant visa this coming august here in the Philippines. I believed upon getting an approved visa, i have at least within which to go to the US. However, am on my 3rd year in the college of law and i want to finish it. if i decide to go and come back to finish my studies, what should i do so as not to forfeit my immigration status since i'll be out of the US for more than a year?
A- An immigrant visa is only valid for six months. You can contact the consulate, tell them you are unable to attend the scheduled appointment, and ask if it can be rescheduled. Then ask if it can be rescheduled for a date after which you have less than six months left of school. You will not be able to dictate the new scheduling date but you can say you need an interview date, e.g. “after September 10, 2006,” or whatever makes sense. This would only work if you do not need to delay your entry date by very much. If you have a significant amount of time left in school (e.g. 2 more years) then this delay tactic won’t work.
Also, you should be aware that if you are applying under Schedule A, visa numbers are likely to become unavailable soon, and failure to apply quickly could result a very long wait.
Q- My husband is a Green card winner. We are from Ukraine. In Warsaw embassy we were refused immigrant visa with the explanation "misunderstanding about the dog". It looks like making fun of us. Where can we appeal to fight back our right to go to the US. Why people win? They prohibited our entering to the US for the whole life without reasonable explanation.
A- Winning the visa lottery secures you an immigrant visa interview but does not guarantee the granting of your permanent residence if you are inadmissible to the U.S. There should be some section of the Immigration & Nationality Act cited as a reason for your denial. The reason stated (“misunderstanding about the dog”) does not make sense. If you did not receive a written denial, you should ask for one and retain an attorney to resolve the issue.
Q- In my POE i.e., in I-94 my full name is there but in the immigration it is not there and i got my SSN with a half name and it is been continued for past 10 months. When i have applied for
licence at the DMV they said that name is not matching. I went to SSN ofice they have checked and said the name is not full, they have asked me correct in the Home land securites. So kindly guide me what should i do now. I am in H-1B status and the petition was filed before I came to the U.S.
A- You will need to look at the I-129 petition that was submitted in support of your H-1B petition. If the form was filled out correctly then the error was with USCIS and your employer or your attorney can submit a request asking USCIS to issue a corrected H-1B approval notice. Once it is issued you should be able to get a SSN.
If the I-129 petition was incorrectly filled out, then USCIS will not correct the approval notice unless your employer files an amended I-129 form, with filing fee, asking them to correct it.
Q- I am an Australian veterinarian currently working in Philadelphia under the E-3 visa. I would like to enquire about the process of changing employers while keeping my E-3 status and while remaining in the U.S.
A- You are able to change employers by filing an I-129 with the Vermont Service Center. Unlike the H-1B, you may not start working until it is approved. Alternatively, you could make an appointment with a U.S. consulate in Canada or Mexico to effect the change.
