Yep, lotto would have to pay, even if you're visiting
Thursday, April 3rd 2008, 4:00 AM

Immigration

Q Can a visitor to the United States collect a New York State lottery prize? My cousin recently traveled to New York City on a visitor's visa. While there, he bought a New York State lottery ticket. Since then, we have been arguing about whether a visitor to the United States can collect a lottery prize. I say no. He says yes. Who's right? He didn't win the lottery, but a small matter of a few drinks at happy hour rests on your answer.

Nigel Forrester, Hamilton, the Bahamas
A Your cousin wins the bet. I hear the Bahamas are lovely this time of year. I wish I could join you for that drink.

The New York State Lottery is not concerned about a prize winner's immigration status. Visitors, temporary workers, even undocumented immigrants can collect a lottery prize. As is the case with all big-prize winners, the lottery may take out state and federal taxes before awarding the prize.

Q I am a U.S. citizen and I want to visit China. Do I need a visa?

Vidal Andino, New York

A U.S. citizens need a visa to visit China. You apply in person at a Chinese consulate. Normally I don't answer questions about immigration or visits to countries other than the United States. After all, my expertise is in U.S. immigration and citizenship law. Still, I get lots of questions like yours. So, I thought I'd write about how to get information about foreign travel.

In the past, I would simply call the embassy, consulate or government travel agency of the country I wanted to visit. That still works. You can find the numbers in the phone book. I find, however, that these days I can get more precise information at the country's Web site and at travel sites. The Web address for the New York consulate of the People's Republic of China is http://www.nyconsulate.prchina.org/eng/.

In addition to learning about entry restrictions, get as much information as you can about a country's immigration laws before you travel abroad. That will help you avoid problems with foreign government authorities. Also, get the phone number for the nearest U.S. consulate in case you run into problems.

Q
I'm a conditional permanent resident, having gotten my temporary green card based on marriage to a U.S. citizen. When can I apply for citizenship? Must I get my permanent card first? I became a permanent resident on September 2006 based on marriage to my U.S. citizen wife. We married in July 2005. As the law requires, I filed USCIS form I-751, Petition to Remove the Conditions of Residence, 90 days before my temporary card expired. I have yet to receive my permanent card.

Claudiu Cengher, New York

A As I explained in last week's column, a person who qualifies for permanent residence based on marriage to a U.S. citizen, qualifies for citizenship three years after the USCIS granted residence. You can apply 90 days before that date. That's assuming you stay married and are living with your wife. You need not get your temporary card before applying for naturalization.

According to Dennis Bunce, field office director, USCIS New York District, New York USCIS examiners have the authority to consider a pending I-751 application at a naturalization appointment. If the examiner approves the I-751, he or she can then consider a naturalization application at the same interview. Note that the naturalization examiner will remove the condition only if it appears that your application doesn't raise complicated questions concerning your eligibility. To be safe, bring evidence that yours is a bona fide or "real" marriage to your naturalization interview.

Allan Wernick is an attorney and director of the City University of New York Citizenship and Immigration Project. He is the author of "U.S. Immigration and Citizenship - Your Complete Guide, Revised 4th Edition." Send questions and comments to Allan Wernick, the Daily News, 450 W. 33rd St., New York, N.Y. 10001. Professor Wernick's Web site: www.allanwernick.com.

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SCREW BLOOMBERG Apr 3, 2008 10:39:19 AM Report Offensive Post
So if an ILLEGAL wins lotto, he/she should be allowed to keep it? This is absolutely insane! To claim a lotto prize, a person should have to present proof of citizenship or a valid visa. Illegals do not deserve rights, as they are criminals.
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