Q. I want to come to the United States to live and work beginning September 2009. I don’t have a job, but I plan to look for employment once I get there. Any advice? What sort of visa do I need? -- Eleanor Swainston, Worcester, England

A. The answer isn’t simple. Getting work permission in the United States (separate from getting permanent status based on a family relationship) usually involves employer sponsorship. Or it means proving that you are exceptional or outstanding in your field. The law provides for more than a dozen nonimmigrant (temporary) work categories. I can’t give you specific advice about whether you qualify to work in the United States without seeing your resume, but you’ll find some useful information at the U.S. Department of State Web site, www.state.gov, and the U.S. Citizenship and Immigration Services Web site, www.uscis.gov. Note that if you are coming to the United States without a visa under the Visa Waiver Program available to British nationals and you want to get nonimmigrant work status, you’ll have to leave the United States and apply for a work visa abroad.


U.S. husband’s criminal record is not a problem


Q. My husband has a criminal record. Will that prevent him from sponsoring me for permanent residence? I have been married to a U.S. citizen for three years. We have two children together. He wants to sponsor me for permanent residence, but he has a criminal record that involves drug crimes. Can he petition for residence for me? -- Judith Avalos, Dallas

A. Your husband’s criminal record shouldn’t keep you from getting permanent residence based on his petition. After all, it is you who is applying for immigration status -- it’s you whose record will be checked. Even if your husband were currently incarcerated, he could petition for you. In that case, in addition to his affidavit of support, you’d need other proof that you can live in the United States without needing public assistance. Sometimes when a spouse-petitioner is incarcerated, it creates problems for the applicant for permanent residence because the government wants to interview the couple together. Other than that concern, I don’t see any obstacle to your husband petitioning for you.


Failure to pay child support may bar to citizenship


Q. Will my failure to pay child support prevent me from getting U.S. citizenship? I have had a green card since 1983. My only legal problem is an arrest for failure to appear in court about a child-support matter. I didn’t appear because I never received notice and ended up spending two days in jail. I would like to get U.S. citizenship, but someone told me that my arrest will present a problem. -- Tony, New Jersey

A. If you have been maintaining your child-support payments, you have a good chance of getting naturalized. Failure to pay child support shows a lack of the good moral character necessary to naturalize, unless the applicant can prove “extenuating circumstances.” In practice, naturalization examiners will often excuse a failure to pay child support if the applicant has a good recent history of making payments. If you still have a child-support obligation, bring proof that you are making payments to your naturalization interview. That might include a statement from the person caring for the child, canceled checks or money order receipts. After you get naturalized, be sure to keep up your payments if any are owed. If you fall more than $5,000 behind in child-support payments, the U.S. government may deny you a U.S. passport.

Send questions and comments to Allan Wernick c/o King Features Syndicate, 300 W. 57th St., New York, NY 10019. His Web site is: www.allanwernick.com. Allan Wernick is an attorney and a professor at Baruch College, City University of New York. He directs CUNY’s Citizenship and Immigration Project. He is the author of “U.S. Immigration & Citizenship -- Your Complete Guide, Revised 4th Edition.”

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