My sister-in-law originally came from China and now she is a Canadian citizen. She obtained her M.D. in China and has recently passed USMLE. She is seeking MD residence in USA. She wonders what kind of US visa (J1 or H1) is needed for her to get into the residence program in USA. It is said that she needs a "home-country" governmental document that states the government permits her to receive such training in USA and allows her to come back, if she applies for J1 visa. If so, which "home-country", Canada or China, should be contacted to obtain the document? The problem is that China no longer recognizes dual-citizenship and Canadian government, it is said, does not encourage such foreign training by issuing the document. If all these are true, is there any possible way for her to get in a US M.D. residence program and legally enter USA?

The "home-country" document you refer to is actually a referred to as a "physician need statement". For J-1 issuance and extension, a written assurance is required from the country of the alien's citizenship stating that there is a need in that country for the skills to be acquired through training in the U.S.. However, many Canadian provincial authorities are now declining to issue such statements.

The physician need statement is not required for H-1B. Your sister-in-law should attempt to get H-1B status for graduate medical training. Not only will it be difficult to get a physician need statement for J-1 issuance but entering under J-1 will also subject her to a two-year home-country requirement before she can adjust status to permanent residence. Even if she continued to have Chinese citizenship, you would not wish to have her enter J-1 as a Chinese home-country J-1 since she would have to return to China for two-years before becoming eligible for permanent residence.

My visa expired couple of years back and I have a valid I-20. Do I need a new visa to reenter the US, if I plan to go to Mexico?

I am assuming that the circumstances surrounding your current I-20 have not changed since you obtained your original visa (i.e. you are in the same program and at the same school as you were in when the F-1 visa was originally issued). Under 22 CFR s. 41.112(d), if you have travelled to contiguous territory for less than 30 days with an expired visa, you may still re-enter the United States if you:

1. have a currently valid I-20;

2. have maintained and will resume non-immigrant status;

3. apply for readmission within the authorized period of the initial admission or extension of stay;

4. are in possession of a valid passport; and

5. are not required to obtain a waiver of inadmissibility under INA 212(d)(3).

As with all answers contained in Immigration Law Weekly, this is not a legal opinion and you should not rely upon it without seeking formal legal advice. There does not appear to be any statute or regulation which absolutely requires you to obtain a new H-1B visa when you change employers. However, since a new INS petition was approved as a result of the change in employers and the visa was granted based on the original petition, it is at least possible that the Department of State will claim that you need a new visa. As you can re-issue your visa from the Visa Office in Washington, DC, I would recommend that you do so.