World Journal Weekly Q & A - November 16, 2008

Q & A 1. 2.

Q&A 1.

Filing Naturalization at the Earliest; Current Processing Time Estimates; and Possible Later Problems Sponsoring Elderly Mother

Yang reader asks:

In June of 2009, I will be living in the California for three years and holding green card for 5 years. I have questions regarding my naturalization and immigrating of my mother.

1. When can I file for naturalization? Will it be March 2009 which time I would have held green card for 4 years 9 months and lived here for 2 years 9 months?
2. When will I receive my naturalization interview notice? Will it be about 18 months from the date of filing?
3. Once I received my naturalization, when could I file paper for my mother to immigrate here and how long would it take? My mother will be over 80 years old by the time of immigrating. She cannot speak English, will it affecting her getting green card? Once she received her green card, could she obtain U.S. government’s free medical benefits and elderly assistance? If my mother’s health is not good, will it be the reason for denying her immigration, green card or medical benefits?

Dear reader:

1 A green card holder (other than those eligible to file under the 3 year rule) is allowed to file for naturalization 90 days prior to the fifth anniversary of obtaining permanent residence. Physical residence for one half of the five years is required for eligibility. In your case, the time for filing at the earliest would appear to be March 2009.

2 U.S.C.I.S. has just projected naturalization processing dates to average 10-12 months nationally by the end of September 2008. That is an improvement from its earlier estimated average time of 16-18 months nationally.

3 Once you are naturalized, you can file an I-130 petition for alien relative on behalf of your mother. Processing times vary both with U.S.C.I.S. and the appropriate consular office, and so the period could vary between 9-18 months on the average. The ability to speak English will have no impact upon your mother's obtaining permanent residence. She will not, however, be able to obtain most means tested government benefits as your income will be deemed to be hers, and you would be liable to pay back any means tested benefits which she receives from the federal, state, or local governments. She can of course receive emergency medical care without you having to worry about having to repay that sum. If her health is not good, or even if it is, the consular officer may require much more proof of ability to support from you as the sponsor or from a joint sponsor in order for your mother to immigrate in light of her advanced years.

Q&A 2.

Prostitution Offenses Causing Green Card Holder Difficulties in the Immigration Court

Hong reader asks:

I received my IR6 10-year green card in 7/2005. Unfortunately, I pleaded guilty for disorderly conduct prostitution twice in 1/06 & 6/06. The first sentence was for 15 days, but I did not go to jail only served 9 days of community service. The second time was 30 days of house arrest. Last year, I went back to China to visit my parents’ grave yard for 2 month, I had no problem come back in. This year, I went to Mexico without any problem. However, last week, when I came back in at the Miami airport, the immigration officer took away my green card and issued a notice to appear on the spot, one the notice the item “you are an arriving alien” was checked and I was charged section 212(a)(2)(A)(i)(I). It said I must go to local court on the indicated date at 606 S. Olive Street, LA. I have since came back to California and waiting for the notice.

I am divorced and ex-husband lives at a different state. I now have a US citizen boyfriend who loves me very much and we have been in love for 2 years. He forgave my past and we planned to get marry next summer. Should we get married before the Court date and for him to file I-130 and I-485 for me? Should I file I-601, if I should, I worry the immigration judge will deny the application. I worry something bad would happy in Court and also worry during my new filed I-130 & I-485 interviews I will be arrested. What should I do?

Dear reader:

You have valid concerns since an act of prostitution is seen as a crime involving moral turpitude. Individuals with convictions for two crimes involving moral turpitude are subject to mandatory detention. You can apply for an I-601 application for waiver of grounds of excludability, but would have to show that you stopped your prostitution activities and that you have been rehabilitated. I note that as you obtained your green card through marriage, the prostitution offenses may place doubts concerning the bonafide character of your prior marriage. Your marrying your boyfriend would allow him to file an I-130 relative petition on your behalf, but not the I-485 adjustment of status since a permanent residence cannot readjust in the U.S. You would have to leave the U.S. to re-interview for the green card at a U.S. consular post if you chose that route. Also it would not take care of your present immigration court proceedings. Otherwise your representative could attempt to terminate proceedings against you by asking the immigration judge to grant the I-601 waiver.

Copyright © 2003-2008 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.