Published on Lawyers.com and the Epoch Times on January 31, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


Certificate of Citizenship


I am 25 years old married now. I came to USA in July 2006, I was 17, I got USA passport before I turned 18 on September 10. I came here throw my step father but he never adopted me. My mother became USA citizen this year. Now I’m applying for N-600 form for certificate of citizenship. I was wondering if this form is right for since I m not 18 anymore.

Mr. Lee answers:

You appear to already be a US citizen as you obtained a US passport before the age of 18. Unless there was a mistake by the US passport agency, you fulfilled all requirements for US citizenship at that time. There appears to be no need for you to obtain a certificate of citizenship as the US passport is equal proof of your citizenship. There is also the chance that if the passport agency made an error, U.S.C.I.S. might catch it to your detriment.


Q&A 2.

What I Have to Do That Would Not Lose My Green Card, If I Have to Leave the USA for 9 Months to Complete the University in Russia?

Mr. Lee answers:

If you have not taken lengthy absences in the past after obtaining your permanent residence, your leaving the US for nine months to complete University in Russia would not cause you to lose your green card. You can explain your situation to The Customs and Border Protection inspector when you return to the country. If you choose, you can also apply for a reentry permit which would increase your chances of a trouble-free return.



Q&A 3.

Green Card Expired Years Ago, Currently on Student Visa, Want to Renew It.

I'm a student here in the U.S. I lived in the states as a kid with my parents, and we had green cards due to their work status. They expired in '08 and I came back in '09 (my mom being convinced they expire then) to visit my aunt. We did not renew as they expired and I thought that was permanent. I recently found out that it's renewable, if I can either prove my status of seeking/intent of seeking residency here (which I can't, as I left) or prove that as I was under 18, I lacked intent to abandon. I would like to try and regain my residency if possible. What would I have to do for that? If it matters, I lived in NY as a kid but am currently attending university in FL. CPB let me back in just fine, so I don't see why there would be any problems. What can I do?

Mr. Lee answers:

In my opinion, you and your parents abandoned your green card statuses a long time ago and I do not see you being able to renew the green card. I believe that you would still have to go through the green card process all over again if you wish to stay here as an immigrant instead of as a student.


Q&A 4.

Green Card

I want to get the green card, but I do not have family in the USA, what are the ways?

Mr. Lee answers:

Most individuals who do not have family in the country obtain green cards through the employment based categories. There are categories for extraordinary aliens, outstanding professors and researchers, multinational executives and managers, those who are exceptional or with advanced degrees whose immigration is in the national interest, and those with advanced degrees, bachelors degrees, or two years working experience who are sponsored by organizations under the labor certification (PERM) process. Some other individuals immigrate through investment which requires $1 million investment in a commercial enterprise and the hiring of 10 US workers or $500,000 if you are an area of high unemployment or outside a municipal area.  You would still have to hire 10 US workers in the latter case although if going through a regional investment center, the center would be responsible for the hiring. Still others may immigrate through the gain of political asylum or refugee status. You should consult with a knowledgeable immigration attorney to go over feasible options.


 

 

Copyright © 2003-2014 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.

 
   
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