Archive for 2012

Responsibilities and Risks of Filing an Affidavit of Support

December 21, 2012 | Family Petition

Q.  My friend is petitioning for her parents, but she could not file an affidavit of support due to low income. She asked me to help by filing the affidavit of support for her parents. The question is who will be liable for her parents’ financial support. If her parents apply for public assistance, will […]

Lawful Permanent Resident Outside of the United States for More than One Year Without Reentry Permit

November 16, 2012 | Family Petition, Immigrant Visas, Legal Permanent Residents (LPR)

Q.  I was a permanent resident, living in California, married to an American citizen.  We had two kids.  In 2008 I came to Brazil and I stayed there for more than a year.  I tried to get permission to return , so I tried to get re-entry permission, it wasn’t approved and I was told […]

Naturalization After Arrest for Khat Possession

October 19, 2012 | Criminal Convictions, Legal Permanent Residents (LPR)

Q.  I have a question about my husband’s case. He was arrested in 2004 for possession of Khat. He didn’t go to jail but he got probation. Will his conviction keep him from getting his green card? In the past he’s never been in trouble. He works hard. Can you please help him.  -Nagate Salah, […]

Adjustment of Status for Undocumented Immigrants Married to U.S. Citizen in the Military

September 21, 2012 | Legal Permanent Residents (LPR)

Q.  I am unsure of how to even ask the question. I don’t know anything about the immigration laws, but I have heard of other marines being able to get their spouse U.S. citizenship. I am a former U.S. Marine. I got out around 2004 and met my wife in 2005. We have been married […]

U.S. Citizen Child Born Out-of-Wedlock Petitioning for Father

August 17, 2012 | Family Petition

Q.  I am a 23-year-old US citizen. I was born in New York and now I am petitioning for my father. The problem, however, is that my father never married my mother and was previously and still is married to another person. My question is, how can I petition for him since the I-130 form […]

Q. I am very much interested in becoming a citizen. I’ve been here legally since 1985 and have worked ever since paying taxes. Unfortunately, I got arrested on a grand larceny charge in 1991. Is there any chance of me becoming a citizen? Can I request a pardon from the governor?

July 20, 2012 | Criminal Convictions, Legal Permanent Residents (LPR), Naturalization

A. I’m presuming that you are a Lawful Permanent Resident (green card holder). There is a potential problem with your filing a citizenship application. Criminal convictions, even if they occurred many years ago, can have various immigration consequences for green card holders. Immigration law has several categories of crimes that can make a green holder […]

Q. I am a U.S. Citizen while my wife is a Lawful Permanent Resident (LPR). We have been married for over five years now but my wife has only been a Lawful Permanent Resident (LPR) since August 14, 2009. I am looking into an expedited naturalization for my wife based on work. I am about to begin with Harvard University as a Master of Liberal Arts Student. I have to complete a Master’s thesis proposal and eventually a thesis for which I will need to be in the United Arab Emirates for about 12 to 20 months. I don’t get paid by the Harvard Extension School as this is a self-paced research which one has to complete in order to obtain the Masters of Liberal Arts program. Does my wife qualify for an expedited naturalization based on 319(b)?

June 15, 2012 | Family Petition, Legal Permanent Residents (LPR), Naturalization

A. Your question refers to section 319(b) of the Immigration and Nationality Act (INA), a provision that allows certain permanent residents to have their naturalization “expedited” if their U.S. citizen spouse is working overseas.  The naturalization is expedited, for an eligible applicant, in the sense that she does not have to meet the requirements of […]

Q. I filed a Form N-600, Application for Certificate of Citizenship, for my son, along with a fee waiver request in New York City in March 2011. I have not received any receipt or confirmation from USCIS. How long does an N-600 take to be processed when it is submitted with a fee waiver application? My son is 15 years old. He became a U.S. citizen automatically when I naturalized. He received an American passport, but we need a Certificate of Citizenship to prove that he is a U.S. citizen.

May 18, 2012 | Naturalization

A. A U.S. passport is evidence of U.S. citizenship and, legally, its weight is equal to that of a Certificate of Citizenship. There are some limited circumstances where it would be beneficial to apply for a Certificate of Citizenship. For instance, if your son ever loses his U.S. passport, he will need to provide evidence […]

Q. I have Temporary Protected Status (TPS) right now since I am from El Salvador, but I just got married to a U.S. citizen. I would like to know what is the next step in order to obtain my green card? -Maria Tobar

April 20, 2012 | Adjustment of Status, Family Petition, Temporary Protected Status

A. If you entered legally, you qualify to adjust status, that is, interview here. Your husband can petition for you and in the same envelope, you can submit your application for permanent residence. If you entered the United States without speaking to an immigration officer, you have two possibilities. You can travel home with what […]

Q. Can a child who came in with a humanitarian visa and is being petitioned by his/her resident mother apply for adjustment of status, or will this child have to go back to his/her country to get a green card? -Name withheld

March 16, 2012 | Adjustment of Status, Family Petition, Immigrant Visas, Legal Permanent Residents (LPR)

A. Adjustment of status is a process that allows an individual who is already present in the United States to apply for permanent residence and receive it without leaving the country. Though there are many exceptions, in order to qualify for adjustment of status, an individual generally must meet three criteria: He/she must have a […]