Published on Lawyers.com and the Epoch Times on July 29, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

Does My Son Must be Registered for Selective Service?

I am going to apply for citizenship in 2016 and my son is going to turn 18 this year. For this reason, does my son must be registered for Selective Service in order to be citizenship?

Mr. Lee answers:

Any individual other than a person holding nonimmigrant status must register for selective service between the ages of 18-26 if he was in the U. S. during those years. Your son is eligible to apply for naturalization without having gone through selective service registration as he will only just have turned 18 and has until the age of 26 to register. He cannot be found to have willfully failed to register until he is over that age. The best practice of course would be for anyone who is able to register to do so when applying for U. S. citizenship. 

Q&A 2.

What Affect Does a Misdemeanor Charge Have My U.S. Citizenship Application?

In the process of applying for US citizenship since I've met the 5-yr residency requirement with my green card. However, I've had a previous Class-A misdemeanor charge (before getting green card), which I pleaded no-contest and was dismissed with probation...not sure on the legal terms :-)

Mr. Lee answers:

If you disclosed the incident when you applied for your permanent residence, it should not have much effect upon your citizenship application. The period of time required for an applicant to demonstrate good moral character is usually 5 years, and if you have already met that and have had no other incidents with the law, you would generally be found to have good moral character. 

Q&A 3.

I Currently Hold a TN Status With My Employer and I Recently Received An Offer From Another Employer, Can I Apply for a New TN Visa Before Resigning?

I currently hold a TN status with my current employer and I recently received an employment offer from another employer, my question is, Can I apply for a new TN visa before resigning to my current employer or do I have to resign first before applying?

Mr. Lee answers:

In a liaison meeting, CBP officials did say recently that in a situation like yours, you can hold two I-94 cards (one with each employer), but that after you have finished your work with the original employer, you must surrender  the I-94 that you received at the border with the name of the original employer on it.

Q&A 4.

I Am on H-1 Visa on USA. In My Passport My Father Name is 'ABC' But Actual Name Is ‘ACB’. Should I Correct My Passport? Will it Affect On My Green Card?

Mr. Lee answers:

The name of your father on your passport will have no effect upon your admissibility to the U. S. under an H-1B visa. It is also not of major concern if you apply for your green card through employment. It may be more of a concern if you are applying for the green card through your father. In any event, the name of your father on your passport and on your birth paper should match when you are applying for the green card. Although not a rush, you should have the discrepancy taken care of sometime in the future. 

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.