Published on Lawyers.com and the Epoch Times on February 13, 2015

Q & A 1. 2. 3. 4.

Q&A 1.


How to Adjust my Daughter's Status?

I'm a permanent resident (green card holder) so as my wife.  My biological daughter was born on 2008 and came with me to the States on 2013 with B1/B2 visa.  Then I applied for I-130 for her.  She got approval after her legal residence in the US was expired and the USCIS transferred her case to the NVC to obtain an immigrant visa from home country.  Can she adjust her status without leaving the US? What are the possible solutions?

Mr. Lee answers:

As your daughter is now legally out of status, she would not be able to adjust her status in the US even when the I-130 petition priority date becomes current. She can, however, still adjust status if you become a US citizen as she would then fall within the category of immediate relative of a US citizen who is allowed to adjust so long as she entered legally, which I see that she did. 


Q&A 2.

My Wife Was Denied Visa by the US Embassy, Reason Was 212(a)(6) (6)(c)(ii).

It's over 3 years now.  She used to live here with me in the United States before she went back home. We have three kids together all of them were born here in the States.

Mr. Lee answers:

A denial under §212 (a) (6) (C) (ii) is for misrepresenting oneself as a US citizen. If the misrepresentation occurred on or after September 30, 1996, the individual is forever barred from the United States. If committed before that time, a waiver of misrepresentation can be applied for based on extreme hardship to a US citizen or permanent resident spouse or parent. If your wife believes that the finding was defective, she can make another application and attempt to convince the consular officer that she did not make such a misrepresentation.



Q&A 3.

Change of Address for Pending Case

I am going to move from New York City to Texas for my job.  After my naturalization interview, my interviewer gave me "A decision cannot yet be made about my application".  He wants to calculate how many days I am out of United States after I got permanent resident card. How far it is good to change my address?

Mr. Lee answers:

Following the naturalization interview, the U.S.C.I.S. field office can keep jurisdiction of your naturalization case even if you move to another jurisdiction. You can notify U.S.C.I.S. of the change of address and also drop a letter to the naturalization examiner of your intended move and that you will be willing to return to New York if a further interview is necessary. 

Q&A 4.

When Can the Spouse of a US Citizen be Eligible to Apply for Citizenship?

My fiancé, who is a legal resident, divorced his US citizen wife after 2 years of being in the US - he is not eligible to apply for citizenship. We plan to get married this year and I am a US citizen. Will he eligible to apply for citizenship next year since he would have resided in the US for 3 years? Or will he have to wait 5 years?

Mr. Lee answers:

Your fiancé will only be able to become a US citizen five years after the date that he was granted his initial green card. The three-year rule generally only applies where the individual is still married to the same US citizen from whom he or she received the initial green card-not the combined times of two marriages. In order for him to take advantage of the three-year rule based upon your marriage, he would have to show that you and he were married for three years; that you have held US citizenship for three years; and that both you and he have lived together without significant break for three years. 


 

 

Copyright © 2003-2017 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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