Archive for 2011

Q. I was born in New York, but I left when I was 3 years old. My parents are originally from Africa. I came back to New York fourteen years later. Now I am 21. USCIS refuses to give me a green card, even though I have a birth certificate. I would like to know what’s the procedure to get a green card?

December 16, 2011 | Naturalization

A. Thanks for your question. Almost everyone who is born in the United States is a United States citizen. There is an exception for the children of diplomats who are born in the United States. Those children are granted permanent resident status at their birth. So unless your parents were diplomats, you are a citizen, […]

Q. I have a couple of questions about my daughter who came to the United States on November 2009 with a Visa B1/B2 and never returned to her country. She now needs to return to her country. Can I in the future fill the Form I-130 for her? Will she have the appointment for a Green Card? Will she need to fill out the Form I-601? My daughter is 12 years old. Thank you for your time.

November 18, 2011 | Family Petition, Immigrant Visas, Naturalization

A . If you are a U.S. citizen you may want to consider filing an application for permanent residence now. She can get travel permission as part of the application process.  Of course, if the USCIS approves her green card application before she leaves, she can return as a Lawful Permanent Resident (LPR) or ‘”green […]

Q. I have been a permanent resident for over five years, and I’m legally married to a United States citizen. However, we’ve been separated for almost three years, and since then I’ve been filing taxes as single. Will that be an issue when I apply to become a citizen?

October 21, 2011 | Legal Permanent Residents (LPR), Naturalization

A. The issue of taxes and naturalization pertains to the naturalization requirement that an applicant demonstrate that he or she is a person of good moral character for the statutory period. Because you have been a permanent resident for over five years, you can apply on your own. As long as you have paid taxes […]

Q. I would like to know if a person who is a United States citizen and married to someone with Temporary Protected Status (TPS) can petition for a green card for the TPS holder. The person on TPS entered the U.S.A. without inspection. -Lilian

September 16, 2011 | Family Petition, Temporary Protected Status

A.  Hi Lilian, A U.S. citizen can petition for his/her noncitizen spouse and other Immediate Relatives.  One common concern is whether the spouse/immediate relative can interview in the United States, a process called “adjustment of status.”  For a spouse of a U.S. citizen or other immediate relative of a U.S. citizen to adjust status, the […]

Q. Can my friend naturalize despite having lost her green card? I’m a volunteer for CUNY Citizenship Now! One of my friends lost her wallet containing her permanent resident card. She came to the United States as a little girl. She’s now in her forties. She knows her alien number. Can she become a U.S. citizen without replacing her lost card?

August 19, 2011 | Legal Permanent Residents (LPR), Naturalization

A.  Your friend can naturalize without getting a new permanent resident card. Applying for U.S. citizenship will save her time and money. Some people are confused about this issue. That’s because if you ask USCIS if you must get a new green card when you lose one, the agency representatives say “yes.” The reason for […]

Q. ” I would like to apply for my green card. What is the process to obtain it? I am a student at CUNY and I came from the Caribbean. What can I do?”

July 20, 2011 | Cancellation of Removal, Family Petition, Legal Permanent Residents (LPR)

Please note that this answer only seeks to provide general information and is not a substitute for legal advice. A.  The law provides many different paths to permanent residence (a green card).  Most people get permanent residence when a relative who is a U.S. citizen or permanent resident petitions for them.  Others qualify because they […]

Q. “Suppose someone gets conditional residence based on marriage to a U.S. citizen. Does the time in conditional residence status count for applying to naturalize?”

May 18, 2011 | Legal Permanent Residents (LPR)

Please note that this answer only seeks to provide general information and is not a substitute for legal advice. A.  Yes.  USCIS grants two-year conditional permanent residence to individuals who got their immigrant visas based on marriage if the person became a resident within two years of that marriage.   Time while a conditional time permanent […]