World Journal Weekly Q & A - September 7, 2008Reader Asks How to Immigrate Through Marrying U.S. CitizenMo reader asks: I came to US under F1 visa 2 years ago. Nowadays, students could not receive their social security numbers. If I marry a US citizen, what kind of the procedure and documents are needed. After marriage while the green card application is still pending, can I go back to my home country? How soon can I receive my green card? Dear reader: When you are married to a U.S. citizen, you will have to submit an I-485 adjustment of status package to U.S.C.I.S. at its Chicago lockbox. The address of the lockbox is For United States Postal Service (USPS) deliveries: For private couriers (non-USPS) deliveries: In the application, you should be submitting at least form I-130
petition for alien relative, I-485 application, and G-325A biographic
data sheets for both you and your spouse, proof of support on form
I-864, medical examination, copies of marriage certificate and termination
of all prior unions, U.S. citizenship paper of spouse, your birth
certificate, and passport/I-94 card showing legal entry to the U.S.
If you wish, you can also apply for interim employment authorization
and advance parole to leave the country. After initial processing
by the National Benefits Center, your case will be routed to the
local U.S.C.I.S. office for interview. You can usually receive a
conditional green card approximately 30-60 days after a successful
interview. The timing for interviews varies by district office,
but is under one year. Counting Age Under the CSPALi reader asks: My family member submitted F-4 I-130 paper for my family in 10/1994, and the priority date was 10/4/1994. After we received notice from NVC, we submitted application for immigrant visa and alien registration on 8/26/05. On 11/3/2005, NVC notified us to fill out documents for interview. On 4/2006 my family was interviewed and received the visa and arrived in US in 7/2006. Unfortunately, I had already over 21 years old and did not receive an interview notice then. But later on I consulted an attorney, he said based on the approval date at that time I was only 21 years old and 4 months (I was born in 6/1983) and should be able to submit documents at the same time. Can I reopen my case at this time or are there other ways so that I can use the old priority date? Dear reader: In looking at your situation, your parent's priority date became available in April 2006. By that time, you were well over the age of 21. You have not informed us of the I-130 approval date by legacy INS, but it was obviously prior to 8/26/05, when you submitted the application for immigrant visa and alien registration to the National Visa Center. Thus from the time of submission of application on 10/4/94, the petition could only have been pending approximately eight months. Under the rules of CSPA counting, you are given a credit in age for the period of time that the I-130 petition is pending with the U.S.C.I.S.. Even if the 8 month mark is accurate, an 8 month credit would not assist you in establishing ability to immigrate with your family under the CSPA since you were approximately 22 months over the age of 21 at the time that your parent's priority date became current. Under CSPA counting rules, time is frozen for a preference classification applicant only when the priority date becomes available. There does not appear to be any argument for reopening your case. I suggest that, if not already done, the parent who was the principal alien should file an I-130 petition on your behalf requesting the old priority date. Although we do not yet see a trend in U.S.C.I.S. granting the old priority dates in your situation, it would appear that the argument to assign the old priority date is persuasive. U.S. Citizen Wants to Know How Illegitimate Child Can Become a U.S. CitizenJack reader asks: My friend is a US citizen. While working in China, he had a girl
friend. When my friend returned back to US, he got married with
another girl. After his was married, he found out his then girl
friend gave birth to his daughter. My questions are: Dear reader: 1 Your friend's illegitimate daughter can become a U.S. citizen when the following conditions are met - your friend must have been physically present in the U.S. or its possessions for five years prior to the child's birth, two years of which were after the age of 14. In addition, a blood relationship must have been established between the father and the child; the father must have been a U.S. citizen at the time of the child's birth; the father must agree in writing to support the child until the age of 18 years; and while the child is under the age of 18 years, the child is either legitimated, the father acknowledges paternity, or paternity is established by a court adjudication. Under such conditions, the daughter can apply for a U.S. passport. If those conditions are not met, the daughter can still become a citizen if your friend sponsors her for permanent residence; she enters the U.S. with permanent residence; and your friend establishes both legal and physical custody over the child. At that point, she can apply for citizenship. 2 If the daughter is not yet a U.S. citizen and must qualify in the second way, your friend can begin her permanent residence application through applying for an I-130 petition for alien relative on his daughter's behalf accompanied by proof of his U.S. citizenship, and the child's birth paper showing that he is the father of the child. Further documents will be required after U.S.C.I.S. approves the petition and forwards it to the National Visa Center. The NVC will then provide a list of other documents needed for your friend's child to immigrate 3 There is no particular visa for a mother to come and reunite with a minor child permanently in the U.S. In fact, pursuing the above path will decrease her ties with her daughter as she will be giving up both legal and physical custody. She can of course request a visiting visa for a short period of time from a U.S. consulate or embassy, but visitors visas are only given in the discretion of the consular officer.
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Copyright © 2003-2008 Alan Lee,
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