Published on Lawyers.com and the Epoch Times
Q & A 1. 2. 3.
Q&A 1.
Has or Does Immigration Ever Grant a Waiver of Time in Residency for Citizenship?
Will immigration grant a waiver of time in residency for a green card holder (married to a US citizen over 3 years) for a citizenship applicant? ( not a refugee or asylee)
Dear reader,
U.S.C.I.S. can grant a waiver of time for spouses of U. S. citizens in special classes including where both parties are abroad and the U. S. citizen is working for a U. S. company engaged in whole or in part in the development of foreign trade and commerce of the U. S., or in the employment of the U. S. government, or of an American institution of research recognized as such by the Atty. Gen., or of a public international organization in which the U. S. participates by treaty or statute, or is authorized to perform ministerial or priestly functions of a religious denomination having a bona fide organization within the U. S., etc. The U. S. citizen spouse must be regularly stationed abroad in such employment, and the applicant must be in the U. S. at the time of naturalization and declare in good faith an intention to take up residence within the U. S. immediately upon termination of such employment abroad of the citizen spouse.
Q&A 2.
How Can I Get my Husband Legal?
He has been in the us for 12 years. We have been together for 8 years and married 5 years. We have one child together but he supports my other 4 kids as well.
Dear reader,
If your husband sneaked into the U. S., but does not have any immigration proceedings against him or any bars other than time spent in the U. S. illegally, he could quite possibly qualify for the Obama administration’s I-601A program if you are a U. S. citizen. Under the I-601A, you would petition for him as an immediate relative and once approved, he would be allowed to submit an I-601A application for waiver of being here illegally based upon extreme hardship to you. He would also be allowed to see the result while he is here in the States. Once that is approved, he would complete the process by leaving the U. S. to attend an immigrant visa interview at the American consulate or embassy in his home country. If you are not a U. S. citizen or he does not choose that option, he could possibly wait for the result of the bill for comprehensive immigration reform, which is presently the focus of the House of Representatives after having been passed by the Senate. If such is enacted into law with a path to citizenship, he would be allowed to soon obtain registered provisional immigrant status with the right to travel and work. Under the Senate version of the bill, he would be eligible to receive a green card in 10 years. Another alternative would be for him to undergo removal proceedings if he has not already been under such and request relief through cancellation of removal by the immigration court. He would have to prove 10 years residence in the States, good moral character, and that his departure would cause you or your child exceptional and extremely unusual hardship.
Q&A 3.
What to Do When I Pay for a Lawyer Service but Did not Receive the Service?
I pay for a immigration service and the application was sent but returned and the lawyer does not know why the application was returned, I pay 750 for application fee and 3,500 for lawyer fee, and service but is been one year and I do not have a reason or an answer why my application was returned or not accepted
Dear reader,
If you believe that you did not receive the service for which you contracted, you should request a refund. If you cannot reach an accommodation and believe that you have been wronged, you can complain to the State Bar Association of whichever state the attorney is licensed. If not an attorney, you can complain to your local Better Business Bureau or Consumer Affairs office.
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