Q & A July 9, 2006I-90 Applications for Replacement Green Cards Where Criminal Record is Involved and Naturalization Applications Where Individuals Married for the Green Card But Got the Ex-wife Pregnant During the Time of DivorceJimmy reader ask: I am a permanent resident through married to a U.S. citizen. I came in U.S. in August 2001 and acquired permanent green card in 2003. We divorced in Oct. 2005. Now, I am single. My questions are: 1. Since I have been live in U.S. for 5 years until August 2006, I think that I am eligible to apply for citizenship. However, I have been arrested by police twice in 2001 and 2004 due to larceny. In August 2005, I applied I-90 due to losing the permanent resident card. Immigration office set an interview with me because my criminal record. I also provided the records to the immigration officer at interview. Immigration sent me a new card in Dec. 2005. Does it mean that I past the interview? Am I still a permanent resident of USA? Can I apply the citizenship in the coming August? Can I leave the contrary and come back by using the new card? 2. I have an ex-wife in China and we have a child who is now four-years old. I did not know my ex-wife was pregnant when I divorced her. She is still in China and I want to apply for her. Can I do that? Does it affect my current status?
1 It appears to be a good sign concerning your larceny offenses that the immigration officer reviewed your record and still approved you for a new card anyway. Without knowing more about the offenses, I cannot comment on whether you will have more immigration difficulties because of them in the future. I suggest that you bring the records of conviction and the appropriate sections of law (if you have them) to an immigration lawyer for an opinion on the likelihood of further trouble. The fact you were given a new green card means that you passed the I-90 interview and are still a permanent resident of the country. You may find it worth your while to obtain a legal opinion prior to leaving the country or applying for your U.S. citizenship. 2 If you are applying for U.S. citizenship, the naturalization examiner will have your entire file in front of him or her, and will go over the particulars of how you immigrated as that is highly relevant to every naturalization application. As you entered the U.S. for permanent residence through marriage to a U.S. citizen, the pregnancy of your ex-wife during the time of your divorce may cause questions as to whether your marriage to the U.S. citizen was bonafide. You may certainly have to explain the circumstances and provide much more documentation that you and your U.S. citizen spouse actually lived together prior to your divorce in 2005. Whether to Put in a Second Relative Petition Under Different Category and What to do if Naturalization Interview is Not PassedGao reader asks: 1. My U.S. citizen daughter applied for my son and his family in 9/1999. The application is pending, waiting for the priority date to be current. Now, his mother has become a U.S. citizen. If she applies for our son, can our son come to U.S. sooner? 2. I took the naturalization test but did not pass. I want to take it again immediately. Is there a time restriction to apply for the 2nd time? Do I need to wait for a year? Dear reader: 1 It is difficult to predict the movement of preference categories. Whether your wife's application for your son will be any faster than your daughter's application is questionable. At this time, the immigrant visa bulletin for July 2006 shows that visa availability is current to May 1,1995 under the F-4 category for U.S. citizen sibling sponsorship. The category in which your wife could sponsor, F-3 for U.S. citizen sponsorship of a married son or daughter, is only available to those who have put in papers prior to August 22, 1998. It would thus appear that your daughter's 1999 priority date for your son will most likely be faster. However, your wife can put in another petition as there is a chance that the other category may slow down in the future. 2 Naturalization applicants are given two chances to pass the test if failing English, history, and civics. The second opportunity is usually given within six months of the first interview. If you wish, you can ask for a postponement if you are not ready when the second interview is scheduled. In the event that you fail the second opportunity, you will have to pay the naturalization application fee again. There is no mandatory waiting time to file a second application after the first has been denied.
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Copyright © 2003-2006 Alan Lee,
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