Published on Lawyers.com and the Epoch Times on June 30, 2017

Q & A.

Do I Need to Apply for Citizenship or Just Green Card?

I am permanent green card holder, what need to be renew before October 2017; i have 2 reckless driving tickets for last 10 years, what was dismissed, and 1 Breaking and Entering (in my own house!) because my tenant was mad - I evict her and she file this on me, it was dismissed too.

Mr. Lee answers:

No one needs to apply for US citizenship if he or she does not wish to do so. If your question is whether you can apply for US citizenship instead of only the green card, the law requires that you demonstrate good moral character during the five-year period prior to the application (three years if based upon marriage to a US citizen and applying on the basis of three years). If the courts dismissed the three charges against you without having you acknowledge guilt, then you may very well be able to meet the good moral character requirement provided there is nothing else in your background of a negative nature.

From H-1B Back to TN Status

1. When I first entered to US, I crossed the US border (Point of Entry, POE) with TN visa (Canadian Nafta visa) for 3 years period. 2. I applied the status change from TN to H1b during my work stay in a University in US. 3. Currently, I have I-797A (H1-b approval document) for myself and my family But I have not crossed US POE yet after I-797A approval and do not have H1-b visa stamp on my passport.
If I have another job in the US elsewhere and I want to work in US with TN visa, what do I have to do? 1. Do I need to back to Canada and re-enter to U.S. POE with necessary document for the new TN visa? or 2. Do I need to back to Canada and have H1-b visa interview and re-enter to U.S. POE with H1-b visa stamp then, apply visa status change to TN? I want to find the best way to keep work in US but another company.

Mr. Lee answers:

To work in the US with another TN status, you should go back to Canada and reenter a US port of entry with the necessary documents for a new TN stamp. The status that you have in the US depends upon the status that you enter the US with.

Will Doing an Exchange Program Abroad While Pursuing a Master’s Degree in the US Exclude Me From the H-1B Master’s Cap?

I am currently doing a Master’s degree in the US under a F-1 visa and I received an offer from a company willing to sponsor a H-1B visa after I graduate. This is a 2 year degree and I am currently on my first year. If I enroll on an exchange program and complete part of my Master’s degree outside the US and get some of my credits from a University outside the US will I still be eligible to the 20,000 Master’s Cap on the H1B visa. I understand that this cap is only for advanced degrees from US Universities so I am wondering whether I will still be eligible if part of my degree takes place outside the US.

Mr. Lee answers:

As long as you obtain a masters degree from a recognized US Institute of higher education which is not a for-profit institution, the degree should be recognized for purposes of the US Masters cap.

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.