Published on and the Epoch Times on December 28, 2018

Q & A.


How Can I Show That I Have Permanent and Legal Custody of My Child, In Order To Meet the Requirements Under the Child Citizenship Act?

We are family with 3. We all are permanent residents through DV lottery. I'm interested about Continuous Residence and Physical Presence Requirements for Naturalization for permanent resident children. I know that we have to live here at least 30 month from last 5 years, and to be abroad less than 6 month, if we want to maintain continuous residence and apply for citizenship. Are this rules same for children, or they can get citizenship even if they will not have continuous residency, I mean, if they are abroad more than six month, but less than one year, and parent(s) becomes citizen through naturalization. Will kids become citizens automatically if they are under 18?

Mr. Lee answers:

A requirement for children to obtain derivative citizenship through a parent is that they live with the parent. If they are living significant periods of time apart from you and your spouse, there could be problems proving this component of the requirements. Items that U.S.C.I.S. has asked for in the past include tax records of the parents, schooling records, and any other proof of the children living together with the parents. 



How to File H-1B Application for a Gas Station Job?

I already applied for the student visa. I need to understand what documents needed for the H-1B visa. I have a job offer for the gas station. How much will be the attorney fees and documentations needed. How long it will take to process the H-1B case?

Mr. Lee answers:

From your fact situation, it does not appear that you know the rudimentary requirements of an H1B visa. U.S.C.I.S. generally does not give H-1B visas for individuals to work at a gas station. I suggest that you make an appointment with an immigration lawyer who can go over your entire situation and discuss your possibilities.


I Have 2 Removal Proceedings

First one cancelled. What's the chance for me to be deported this time?

Mr. Lee answers:

It is difficult to know where you stand with so few facts. I suggest that you have a formal consultation with an immigration lawyer who will be able to go over all the facts of your case and give you an informed opinion.





Copyright © 2003-2018 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.


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