Published on Lawyers.com and the Epoch Times on March 6, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
Wasn’t Deported but Left Without Signing for a Waiver as I Overstayed With My British Passport
How can I reenter the US as my child is a US citizen?
Mr. Lee answers:
You would probably be best off applying for a visiting visa with the American consulate or embassy rather than attempting to reenter the country on the basis of your British passport. At the consulate or embassy, you could attempt to explain the circumstances of your past entry, and it will then be up to the consular officer as to whether he or she wishes to issue you the appropriate visa.
Q&A 2.
Is It True if You Leave the US Soil for a Short Period (Less Than 6 Months), We Have to Wait for An Addition of 2 Years Before We Can Get a US Citizenship
For example, if I have 2 more years before I can apply for my US citizenship, I leave US for about 3 months, then I have to wait for 4 years before I will be able to apply for my citizenship. Two years remains for 5 years, plus two year for leaving the US for 3 months.
Mr. Lee answers:
There is no such rule. The general rule for residence in naturalization cases is that the individual must be a US resident for five years and have physically resided in the country for at least half of the time. Periods of time that you are outside of the country generally have no effect as long as they are short in duration.
Q&A 3.
How Do I Prove That I Have Lived in Florida for More Than Three Months?
I recently moved from Illinois, 3 months ago to be exact and I want to apply for naturalization.
Mr. Lee answers:
You can write on the N-400 form the exact date that you moved to your present address in Florida. At the time of interview, you can bring whatever evidence you have to prove the fact such as a rental agreement, and credit card bills showing that you have been shopping or gassing up in the state of Florida. You can also show many other items such as registering for classes or your children registering for classes, applying for a local library card, or for a Florida drivers license, etc.
Q&A 4.
Approved H-1B Petition Before Completing 2 Year Residency Rule of J1 Visa
I was wondering if I can get a visa and start working on October 1st with an approved H-1B petition even if I will have 1 and a half more months to complete my 2 year residency rule by October.
Mr. Lee answers:
Generally speaking, U.S.C.I.S. is not supposed to approve an H1B petition where the two-year foreign residence requirement of a J-1 visa has not yet been satisfied. If you somehow managed to have the H-1B petition approved and you are attempting to obtain the visa in your passport, the Consulate may very well send the approved petition back to U.S.C.I.S. for possible revocation. Even if it does not, it would not give you an H1B visa to work during the time that you are still subject to the two-year requirement.
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