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Posted
Dec 12, 2001
| updated Nov 12, 2007
The following questions and answers are based on those frequently posed to
the attorneys at the Murthy Law Firm. As a
courtesy to our clients and the immigrant community, we generously share
this useful information.
Question 1.
How long
before a bill becomes a law? What is involved? Top
©MurthyDotCom
The time it takes
for a bill to become law varies a lot. The main thing is the process. We
explain this in detail in our August 2, 2002 article,
The Legislative Process -
How a Bill Becomes a Law, available on MurthyDotCom. Everyone
can make a difference in working to get favorable laws passed. See our
January 23, 2004 article,
You Can Make a Difference – How to Contact Elected Officials!
for more information.
©MurthyDotCom
Question 2. I am a landed immigrant (permanent resident) of Canada.
Do I need a visa in order to enter the U.S.? Top
©MurthyDotCom
As a result of
post-9/11 legislation, all landed immigrants of Canada are required to
present a passport and visa in order to enter the United States. This went
into effect March 17, 2003.
©MurthyDotCom
Question 3. My old passport has
expired, but the visa stamp is still valid. What should I do?
Top
©MurthyDotCom
In a case such as
yours, the visa in the old, expired passport is still valid. One should
carry both the new, valid passport and the old, expired passport (with the
valid visa) when entering the United States.
©MurthyDotCom
Question 4.
What
can I do if I am unable to get a copy of the requested birth certificate or
my birth certificate does not contain all the necessary information such as
my name, or the name of my parents?
Top
©MurthyDotCom
If a birth
certificate is not available or does not contain all of the necessary
information, affidavits can be submitted instead. Information necessary on a
birth certificate include the date of birth (registered within one year),
the name of the individual, and the names of the parents, and the place of
birth. If affidavits are necessary, one would need either a copy of the
birth certificate that was issued, or a certificate of non-availability
issued by the municipality where the birth took place.
©MurthyDotCom
The birth affidavits should be from persons with knowledge of one's birth,
signed before a notary signifying that the affidavits have been sworn as to
their accuracy. Often, people get the affidavits from their parents, but it
doesn't have to be from them. Anyone, such as an aunt or uncle or a
significantly older sibling, with knowledge of the birth can submit an
affidavit. The affidavit should give the name of the affiant, state the
relationship that the affiant has to the individual, address, names of
parents, place of birth, and reason for giving the affidavit.
©MurthyDotCom
In addition to the two affidavits, one would also submit a self affidavit,
indicating why the affidavits are being submitted instead of an acceptable
birth certificate. Besides the birth affidavits and the self affidavit, one
should also submit additional secondary evidence, such as school-leaving
certificates, doctor or midwife certificates, etc.
©MurthyDotCom
Question 5.
What is the
procedure to change my name ?
Top
©MurthyDotCom
In order to
change one's name, a good way to start would be by contacting the local
courthouse to speak with the clerk regarding the procedures for the same.
Since matters such as name change are generally governed by state law, it is
advisable to contact a local attorney.
©MurthyDotCom
If one has applied for naturalization and would like to change her/his name,
this can be done by USCIS as part of the naturalization procedure at no
extra charge.
©MurthyDotCom
If one is changing his/her name based upon marriage, no formal name-change
procedure is required. To have a new name changed on one's ID, s/he should
show the marriage certificate to the authority (Social Security
Administration, Department of Motor Vehicles, etc) that issued the ID and
apply for new ID. To change the name on one's green card, s/he should file
form I-90 with the USCIS.
©MurthyDotCom
Question 6. My child, who is an Indian
citizen, was included in his mother's passport. How can we
get his
visa stamped? Top
©MurthyDotCom
Everyone must
have his or her own passport, regardless of age. For procedures and
processing times to apply for an Indian passport, contact the Indian Embassy
or the Indian Consulate nearest you.
©MurthyDotCom
Question 7. Could you please advise
what to do if someone on an H1B visa in the U.S. loses his/her (Indian)
passport?
Top
©MurthyDotCom
To replace an
Indian passport one would have to contact the Indian embassy or the nearest
Indian consulate.
©MurthyDotCom
Question 8. Does having a handicapped
child as one's dependent influence the green card application in any way?
Top
©MurthyDotCom
The family who
has a handicapped dependent needs to show that it has never used any
financial benefits available in the United States, because it is important
to demonstrate financial independence for green card purposes.
©MurthyDotCom
Question 9. Does the fact that immigration to Canada has
been refused affect our U.S. immigration process? Top
©MurthyDotCom
The fact that you
were denied a Canadian visa should not affect whether or not you can obtain
a U.S. visa or green card.
©MurthyDotCom
Question 10.
What is to be done if
one's birth date is recorded differently on the passport from that on the
birth certificate?
Top
©MurthyDotCom
In almost
every case, the governing document is the applicant's birth certificate and
not the passport of the applicant. A passport is merely considered secondary
evidence for legal purposes. A corrected passport should be obtained.
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