World Journal Weekly Q & A - January 4, 2009Reader Asks Whether to File N-400 or N-600 as Arrived in U.S. Before Age of 18 and Mother Has Become U.S. CitizenChu reader asks: I immigrated to U.S. in the end of November 2000 when I was seventeen years old. My parents are divorced and my father who had green card status had custody of me. My mother has become U.S. citizen. I lived with my father at the time. Can I file N-600 form for naturalization? Or I must file N-400? Dear reader: Initially for other readers, an N-400 is an application for naturalization by a resident alien and an N-600 is an application for certificate of citizenship by someone who is already a U.S. citizen. In order for you to file an N-600 application, your parent would had to have been a U.S. citizen prior to your turning the age of 18. Looking at your question, that does not appear to be your fact situation. You say that your father had green card status and custody of you when you were 17 years old and that your mother has become a U.S. citizen. Assumedly she did not become a U.S. citizen before you turned 18. Even if she was a U.S. citizen prior to your turning 18, the law required that the U.S. citizen parent be the one having custody. Under the circumstances, you should file form N-400.
Reader Asks Whether LPR Wife With Multiple Past Immigration Problems Needs Lawyer to File for NaturalizationLiu reader asks: When I was married in 2000, I held green card status and my wife held F-1 student visa and was going to school. After the marriage, I hired an attorney to file I-130 for her and Immigration’s receipt date was January 2001. At the end of 2003, my wife was pregnant and could no longer attend school. We consulted the attorney to see if my wife could stop schooling. The attorney informed us that our I-130 was filed before April 2001 so she was qualified under 245(i), and that she didn’t even have to ask school for maternity leave. During my wife’s pregnancy, she spent most of her time in the hospital or home care. In June 2004, Immigration officers came to my house and informed us my wife had out of status and would deport her. But she was then already 35 weeks of pregnancy and her due day was coming up, so immigration didn’t force my wife to leave, instead she had to go to immigration court. We hired another attorney to appear in court, but her case failed. The judge told me that I wasn’t a U.S citizen yet, and my wife’s I-130 was not approved, therefore, she was not qualified under 245(i). The new attorney appealed the case to the Appellate Court. In 2006, I became a U.S. citizen and my wife’s I-130 was also approved. My attorney requested the court for readjudication. In July 2006’s Court hearing, the judge approved my wife’s green card, and told her she could apply for naturalization in 2 years and 9 months. Our marriage is bonafide. Our child is already 4 years old and we have joint house and bank account. She plans to file her naturalization papers in April 2009. My questions are: 1. According to my wife’s situation, will it affect USCIS’
adjudication for her citizenship? As a naturalization applicant
must possess no criminal record and good moral character, ect.. Dear reader: 1 I do not believe that your wife's prior situation with U.S.C.I.S. should affect her application for citizenship. She legally obtained her permanent residence. Although your wife was arrested, that was not for the commission of any crime involving moral turpitude. In point of fact, immigration offenses are generally seen as civil violations. 2 I cannot tell you whether you should file the naturalization application by yourselves or hire an attorney. Sometimes situations which seemingly have no problems develop headaches. U.S.C.I.S. is training many new examiners in the naturalization area, and some may believe that your wife's past history should have an effect upon the naturalization application.
In Immigration Court, Reader Asks Whether Marrying Green Card Holder or Becoming Pregnant Will Help the Case and Whether Three Year Old Child Can Now ImmigrateLiang reader asks: I have already gone to immigration court for my political asylum’s master hearings twice. My next court date is in 7/09 for the third time. But I have now divorced my ex-husband. Can I get married in the U.S? If my spouse is a green card holder, will it help my case? Can I get pregnant while my case is pending? Will it be good or bad for my case? If I am married, but yet obtaining a legal status, can I apply for my three years old daughter who is in China to immigrate to the U.S? Dear reader: From your question, it is not apparent what is the basis of your political asylum application. Marriage to a green card holder will usually not help the case much because the priority date is far distant and immigration judges cannot give relief unless the priority date is current and other circumstances apply. If you are pregnant while your case is pending and if your case is based upon population control policies of the home country, the birth might be a favorable factor to your case. If you are still in the immigration court and without legal status of any form, you would not be allowed to apply for your 3 year old daughter to immigrate to the States.
Crewman Asks Whether He Can Adjust Status to Permanent Residence Upon Marriage to a U.S. Citizen and What Are His Other OptionsChangchun Reader asks: In May 2008, I entered U.S legally with crewman D and C1 Visa.
The visa was only valid for a month, and had since expired. My questions
are: My friend told me crewman could not obtain a legal status in the U.S., even if marrying a U.S citizen. Is it true? Dear reader: 1 A crewman is not allowed to adjust status to permanent residence through marriage to a U.S. citizen unless he/she also has the benefit of section 245(i) relief. Under that section, most illegal aliens are allowed to adjust status upon the payment of a fine amount of $1,000 if they have filed for an immigrant visa petition or labor certification application by April 30, 2001, and were physically present in the U.S. on December 21, 2000. 2 You can apply for political asylum within a year of entry into the States. If you win your political asylum application, you would have status as an asylee and after one year in such status, could apply for permanent residence. 3 Generally after making the application, the U.S.C.I.S. would schedule you for an interview within four months. If your case is approved, you would receive your asylum status within a few weeks of the interview. If your case is not clear-cut, the asylum office would refer you to the immigration court, and you would be subject to the vagaries of scheduling for the particular immigration judge. 4 You cannot stay legally in the U.S. just on the basis of having a U.S. born child.
|
Copyright © 2003-2012 Alan Lee,
Esq. |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
|