Q & A September 5, 2004

Q & A 1. 2.


Q&A 1.

What happens when petitioned brother was single is now married?

Dear Mr. Lee:

I’m a US citizen and applied for my brother to immigrate to the USA in 1992. At the time, he was young and single. He married and has a child the year before last year. At present, the priority date is already close on. Could you please let me know how to amend his application to include his family? What relevant documents should be provided? Hopefully, you would provide me with assistance and help.

Thank you.

Sincerely,

Los Angeles,
Reader Huang

Dear reader:

In order to include your brother's family in his application, a request must be made to the part of the Department of State which is holding the case -- either the National Visa Center or consulate post overseas. There is no specific form that needs to be filled out. This can be done by letter with a copy of proof of birth of both spouse and child along with marriage.

Q&A 2.

Allowed to apply for naturalization 90 days in advance of your eligibility date as long as the only issue is the continuous residence requirement

Dear Mr. Lee:

I am 65 years old. I received my green card in April 1999. After staying in the U.S. for half a year, because of family issue needed to take care I returned to China. My stay in China didn’t exceed 6 months, a few days before the 180 days I returned to the U.S. During the next a few years, I frequently travel between the U.S. and China taking total 4 trips. For each trip to China, I made sure my stay there not to exceed 6 months. Each time I returned a few days before the 180-day period is up.

I now applied for the Naturalization. Having consulted several lawyer offices, I have received different answers. Some say I can submit my application for the Naturalization as long as I accumulated a sum of 30 months of actual living in the U.S. during the 5 years after receiving my +green card ( I have accumulated 35 months already). But still others say that I can not be naturalized as of now, that I need to accumulate four-years-and-one-day before I can apply for Naturalization, because during the recent years I haven’t been living in the U.S. consecutively for more than a year a period.

1. Based on the above situation, what do you think would be the earliest date will I be able to apply for my naturalization?
2. When I go for the interview for the Naturalization, what are some of the things on which I should be particularly careful when answer?

Kindly reply and thank you,
Online reader: Mr. Wu
California

Dear reader:

1. You are allowed to apply for naturalization 90 days in advance of your eligibility date as long as the only issue is the continuous residence requirement. As you have already met your physical residence requirement of 30 months within the past 5 years with no trips out of the United States for six months or more, you would be eligible to apply for naturalization in January 2004.

2. Between the time of your filing the naturalization application and the time of interview, you should remain in the U.S. for most of the time. Although this period does not count in the calculation of continuous or physical residence, most immigration examiners will look at the pattern of travel during this period. Other than that, you should read over all the grounds of ineligibility and obligation on the N-400 form and be sure that you have a good grasp of English and American history and civics unless you are exempt from the testing requirements.

 

Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.