Alan Lee, Attorney at Law -Green Card Holder Asks How Wife Can Come to the States and Whether Permission Needed for 5 Years Outside U.S. When He Becomes Citizen

Q & A October 2, 2005

Q & A 1.

Q&A 1.

Green Card Holder Asks How Wife Can Come to the States and Whether Permission Needed for 5 Years Outside U.S. When He Becomes Citizen

Tsui Reader asks:

1. I am a permanent resident will be eligible to apply for citizenship in 2 years. I live in PA and if I file my application in PA and them move to CA, do I need to file again in CA?
2. My wife is currently in Malaysia. She used to work in PA on H-1B. If she wants to come to U.S. again, will it be easier for her to apply for a tourist’s visa or a special visa she used to visit me (husband)?
3. When I become a U.S. citizen and work oversea for 5 years without re-entry, do I need any special permission?

Dear reader:

1 Generally U.S.C.I.S. examiners will transfer cases to the district office having jurisdiction over your new place of residence in California unless your move is after you have been interviewed for naturalization. In that latter situation, your case could be continued in the Pennsylvania office of U.S.C.I.S. if you wish to keep the case in Pennsylvania and are willing to return for the oath ceremony. You would not have to refile again in California.

2 It would be much easier for your wife to visit you again on a H-1B visa since that visa has a dual intent provision which allows her to enter even though she may have an immigrant intent. The tourist visa requires your wife to show that she has no immigrant intent and that might be difficult to show since she is married to you, a permanent resident of the U.S..

3 A U.S. citizen is not confined by restrictions to travel or work so long as he/she does not commit acts which would expatriate him/her from the U.S. such as serving as a government official or ranking military officer in another country or swearing an oath of renunciation of U.S. citizenship.

Copyright © 2003 - 2005 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.