Published on Lawyers.com and the Epoch Times on July 3, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
Can a DACA Applicant Request Residency Through US Citizen Marriage?
I am currently in legal status thanks to DACA, my boyfriend of 2 years is wondering what would happen if we got married. He is a US citizen. I entered the country illegally, I've now been living here for 12 years. I have a US citizen son who is 3 years old. I would like to know what actions should we take so that our family doesn't get separated.
Mr. Lee answers:
Since you entered the country illegally, you would not be able to adjust status to permanent residence in the U. S. You are a candidate for the Administration’s I- 601A program under which your husband would file an I-130 relative petition on your behalf, and upon approval, you would file an I- 601A application for provisional waiver of illegally staying in the States with U.S.C.I.S. If U.S.C.I.S. approves the waiver (which is based upon establishing extreme hardship to a U. S. citizen spouse or parent), you would then consular process your case at the American consulate or embassy in your home country. The interview would usually be a normal interview since you would have already obtained a waiver of the 10 year bar for staying illegally in this country. There is also a possibility that you may be able to adjust status if you are able to obtain an advance parole to leave the U. S. and reenter legally on parole status. That is not a certainty at this time, however.
Q&A 2.
Can USCIS Change My Last Name Based On What I Said in the Green Card Interview?
I applied for green card through marriage and got approved. In the interview I said that I wanted to change my last name and take my husband's but did not do it so far due to all paperwork it entails. Now I received my green card and my last name on the card is my husband's last name. Is this just a mistake by USCIS or they can legally change my name since they recorded the interview?
Mr. Lee answers:
For a woman to take on the last name of her husband is legal without having to do more in the eyes of Immigration, and the U.S.C.I.S. officer undoubtedly thought that he or she was doing you a favor and accommodating your wishes. I note that in situations where permanent residents wish to change their names to make the last name that of the husband on the green card, U.S.C.I.S. will not require a legal name change by the court before granting the request.
Q&A 3.
I-130 Sibling Immigration
My wife’s family member applied for us immigration under F-4 I-130 category in 2004. My sister-in-law is a US citizen. My case on us immigration website is on post decision activity stage. I have not been called for interview yet the website shows post decision activity which comes after interview and decision stage. This status has remained constant from Feb 23 2010. How much more time can I expect since it has already been 10 years?
Mr. Lee answers:
If your wife applied for U. S. immigration under the F-4 category in 2004, it will likely take at least another 1.5 - 2 years for her interview to be scheduled if she is overseas. Currently final immigration interviews are being scheduled for those who had I-130 petitions under this category filed before October 22, 2002.
Q&A 4.
Immigration to the United States for Siblings
I will get my citizenship next year and will bring my parents over. I would also want my siblings here in the United States. Should I sponsor my siblings, or should my parents sponsor them? Which way is faster?
Mr. Lee answers:
You and your parents can both sponsor your siblings, and they can take advantage of whichever quota comes up faster. Currently the F-4 visa availability date for siblings is for those filing prior to October 22, 2002. If you file for your parents, it will take approximately one year for them to immigrate after you obtain your citizenship. At that time, they would be able to file for your siblings if unmarried and that quota is currently backlogged to October 15, 2008. If your siblings are married, your parents would have to wait until they are U. S. citizens before they could sponsor them under the F-3 category which currently has a backlog to March 15, 2004. Please note that the dates are not applicable to natives of Mexico or the Philippines.
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