Q & A November 21, 2004

Q & A 1. 2.


Q&A 1.

Two years after married to an U.S. Citizen are considered permanent resident upon entry

Dear Mr. Lee:
I’m your loyal reader and have a question.
After divorcing my ex-wife, I married my current wife in China on 4/10/02. I came back to U.S. and applied for my wife and 3 children. My wife and children came to U.S. on 4/12/04. From registration of marriage to entering US, it had been over 2 years and 2 days. We received 2-year greed cards not 10-year. Did the immigration make a mistake or it’s the law? How should we apply for a 10-year green card? Please advise.
Thanks.

Dear reader:

Individuals who enter the U.S. for residence status two years or more after being married to their petitioning spouses are considered permanent and not conditional residents upon entry. In your case, the mistake was obviously caused by the fact that your wife and her children interviewed for immigrant visas before the marriage was two years old and received conditional residence packets from the consulate. Your family fortunately understood the two year rule and ensured that they would not travel to the U.S. until the two years had expired. To rectify the inspection error, your wife and children can apply for I-90s ( Application to Replace Permanent Resident Card). However, you should be aware that the U.S.C.I.S. appears reluctant in many cases to comply with the law and it may take much effort to straighten out the problem.

Q&A 2.

Naturalization Interview takes about 8 months in Boston and 10 months in Newark

New Jersey’s Ye Reader asks:
I’m 78 years old and received my green card on December 1, 1999. From you articles, I understand that I could apply for naturalization 90 days before the 5 years expired.
I live with my children in Massachusetts and New Jersey, therefore, I could pick one of these 2 states to apply for naturalization. Could you please let me know how long will it take to receive interview notice for these 2 states?

Dear reader:
Currently both Boston and Newark take approximately one year to interview naturalization cases, according to the official U.S.C.I.S. processing charts.

 

Copyright © 2003 - 2004 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.