1. Naturalization: having home business (sole proprietorship). Form N-400 asks: are you employed? NO, YES. What is the right answer?
My wife and I are currently living in USA, WA State on Green Cards. 5 years are passed and we are applying for citizenship. My wife has a home business (sole proprietorship). In the form N-400 there is a vague question: are you employed? NO, YES, name of employer. What is the correct answer in her case? NO or YES, with the name of her company?
Mr. Lee Answers:
In the eyes of Immigration, you are employed even if you are just self-employed, and your wife should mark the application “yes”, and just say self-employed, or put down the name of the company at your home address.
2. Under what circumstances should a US Green Card holder consider travel to Cuba?
I’m looking to travel to Cuba along with some friends / colleagues who are giving a research presentation, but I am NOT giving any presentations, nor have I been officially invited to the conference. Per the U.S. Embassy in Cuba’s official website, there are 12 approved (non-illegal) categories for travel to Cuba. I’d be looking to travel under the “Professional research and professional meetings” or “Supporting Cuban people” category. However I’m concerned that even though I may meet the legal requirements, there is always a risk of being scrutinized during my Naturalization process. My questions are (1) how significant is the risk of me traveling and (2) are there anything I can do to help minimize jeopardizing my Naturalization process?
Mr. Lee Answers,
If you meet the legal qualification under one of the 12 categories, you can travel to Cuba, but the trip may certainly be scrutinized as part of a naturalization application. You should keep records of your trip to Cuba relating to what you did when you were in the country in case you are questioned.
3. If I get married during 90 day visa, does spouse have to go back to her home country and wait for immigration to make a decision or can she stay here?
If she comes here on k-1, we get married, can she stay in United States until immigration makes a decision?
Mr. Lee Answers,
If your fiancée comes to the US on a K-1 visa and you marry within the 90 day period of time that you are supposed to, she can file for adjustment of status to permanent residence without leaving the US and wait for U.S.C.I.S. to make its determination while here. The application is for residence status, whether conditional or permanent, not citizenship.
