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.
|