1. Derivative Citizenship After 12/24/52 Requires A Green Card Holder to Be Unmarried Until His 18th Birthday?
Can you be married prior to 18 years of age for derivative citizenship after 1975?
Mr. Lee answers:
To my knowledge, derivative citizenship cannot be approved for anyone who has married prior to 18 years of age. Otherwise, the individual is no longer unmarried and under the age limit, the two requirements for being a derivative.
2. DMV of Georgia is Not Ready to Renew a Driver License For a Legal Immigrant Working on H-1B But The Extension Is Still Pending
I am currently working on a work H-1B visa. My visa expired on July 10th 2019. As per your website, on providing an original I-797C along with the petition and I94/Current passport with visa stamp, my driver license should be renewed. As per DMV[Georgia] they require a stamped passport in order to renew a license, which never happens since the extension of the VISA comes as a new petition and not as a stamped VISA in the passport. So now even though I can legally remain within the country for 240 days[as per USCIS because of I797c]. I cannot drive legally. Please let me know why the rules made by DMV and USCIS are contradictory.
Mr. Lee answers:
The reason for the disparate treatment of your situation by U.S.C.I.S. and DMV is that U.S.C.I.S. does not control local DMV’s. Some local DMV’s will respect the language on the I-797C of automatic extension of work authorization so long as the extension request is in the same class previously granted. However, it is left up to the local DMV’s as to whether they wish to respect the language.
3. Is There a Danger for Using B1/B2 Frequently?
My friend was visiting the US on a B1/B2 Visa June 5th and left July 5th. She is coming back to help me get situated in my new home and to visit.
Mr. Lee answers:
I will assume that your question has to do with the safety of your friend coming back into the country so soon after having left. Since your friend only stayed a month, a decent interval of a few months between leaving and coming back would probably be okay as long as there has not been a pattern of your friend frequently coming into the US.
