#1. How difficult is it to obtain a visa stamp for an F-1 student?
Answer: It depends on the case. If you have been in the U.S. for five years studying English and your visa stamp is expiring, and you return to Japan to obtain a new one to continue to study English, it is probably unlikely that you will be approved for another five years. If, on the other hand, you are entering college and have specific plans to engage in studies with the intent to return home after your studies, your chances of obtaining an F-1 visa stamp will increase.
#2. I entered the United States without a visa, under the visa waiver program. I have been illegal for five years in the United States. I have a sponsor. Can I get a green card?
Answer: Unfortunately, the law doesn't allow someone who has been illegal for more than 6 months or a year to adjust status in the United States. If the person leaves the US, they will be subject to the 3 or 10 year bar to re-entry. Therefore, under the current law, even if the person has a sponsor, there is no way to obtain a green card for the person. The exceptions to this rule are if the person applied for labor certification or an immigrant petition prior to April 30, 2001. Also, the person can adjust status in the US if the application is based on a marriage to a US citizen.
#3. I am an artist. Can I get an artist’s visa?
Answer: There is no such thing as an artist's visa. There is a visa called an O-1 visa. This visa is for extraordinary ability aliens, people who have won international awards, have books written about them, who have high acclaim, basically, people who are at the very top of their field. Artists who qualify for an O-1, can obtain an O-1 for up to a three year period and can extend their O-1 in one year increments.
#4. I have an H-1b and I lost my job. How long do I have to leave the United States?
Answer: There is no grace period to leave. The day after you lose your job, you are technically out of status in the United States. This does not mean that the government will come knocking on your door the next day, but it does mean that should depart the U.S. as soon as possible or apply for a new H-1b soon.
#5. I found a new job. How easy is it to transfer my H-1B to my new job?
Answer: There is no such thing as a "transfer" of an H-1B. One can change jobs, apply for a new H-1B with a new employer, and thus, extend an H-1B based on the new job with the new employer. However, the concept of transferring an existing visa to a new position doesn't exist. You still have to go through the same initial process of applying for the visa.
#6. I had once a get my labor certification for my green card, that I can work, isn't that right?
Answer: No. Labor Certification merely allows you to take the next step in order to obtain your green card. Once you obtain labor certification, you can file an I-140 and then finally, an adjustment of status, and only then can you apply for work authorization. A labor certification is merely a stepping stone to the next step of the process. It is not an authorization to work in the United States.
#7. I have had a green card for many years. I am thinking about obtaining US citizenship, but I am afraid of losing my Japanese citizenship. Will this happen?
Answer: The United States allows for dual citizenship. Under US law, holding two passports is not a problem. Japanese law does not allow dual citizenship. Therefore, technically, you cannot hold both nationalities. As we are not specialists in Japanese laws, inquiries on this subject should be directed to the Japanese consulate or a specialist in Japan.
#8. I changed my name recently since I was recently divorced. My green card still has my married name on it. How can I change it?
Answer: Form I-90 allows you to make a change. There is a filing fee involved and the form can be sent by mail or filed on the internet. You can find form I-90 and instructions at
www.uscis.gov
