World Journal Weekly Q & A - August 20, 2006Is Hearing Loss Enough of a Physical Disability to Exempt From The Regular Naturalization Test; and The Physical Presence RequirementReader Li asks: I have two Immigration questions: 1. I have green card for ten years and am currently 80 years old. Because of hearing problem (I have doctor’s approval letter), could I request for a Chinese test on Naturalization? 2. Even though I have green card for 10 years but I only stay in U.S. for over half year from 2000 to 2005. And the total dates that I stayed in U.S. were two years and six months. Could I apply for citizenship? Below are the days that I stayed in U.S. for the past 6 years: 06/26/2000 – 12/01/2000 : a total of five months and six
days Total : two years and nine months Dear reader: 1 The usual response by U.S.C.I.S. for hearing problems is that it will provide a sign language interpreter or give the individual a written test. I do not believe that a hearing problem without more will be sufficient to request an exemption from the English test. 2 Looking at the list of times that you have been in the U.S., you appear to have fulfilled the physical residence requirement for naturalization. Even though any absence from the United States on a trip for six months and over presumptively breaks the period of residence for naturalization purposes, that is a rebuttable presumption and is usually overcome at the time of interview with a good reason for the trip lasting longer than six months. In addition, your trips prior to August 2001 would not count in the equation as they would have occurred over five years prior to your filing. Assuming that you have been in the U.S. for most of the time since the last date that you provided, March 2005, the question of physical residence should be answered favorably on your behalf. Can a Person Entering Illegally (Instead of Overstaying a Visa) Get The Green Card by Marrying a U.S. Citizen or Permanent Resident?Reader Chen asks: I came to U.S. in 1999 and met a boyfriend. We did not get married but had a baby. Later we separated from each other. Then I met my husband and he has green card. We were married in May 2006. My questions are: 1. I sneaked in to the U.S. without being arrested. Could my husband apply for me now? Or do I have to wait until he becomes a U.S. citizen? 2. If he can apply for me, what documents do I need? Do I need to leave the country or if I can be interviewed in the U.S., how long will it take? 3. Does my child (with ex-boyfriend) help my case? My husband has two children and he was never married before. Will it affect my case? Dear reader: 1 Under present law, you are not eligible to adjust status in the
U.S. even if your husband becomes a U.S. citizen unless you qualify
under section 245(i). That provision allows individuals physically
present in the U.S. on 12/21/00 who filed labor certification based
applications or immigrant visa petitions by April 30, 2001, to adjust
status in the U.S. even though illegal upon payment of a fine amount
to U.S.C.I.S. (presently $1,000). If you are not able to adjust
status in the U.S., you would also face difficulties in attempting
to consular process your case overseas as you would be barred under
the law for 10 years because you remained in the U.S. illegally
for one year after April 1, 1997. There is the possibility that
you may obtain relief under the comprehensive immigration reform
bill. However, at this time, it is unknown whether the bill will
pass and if it does, what its final contents will be. It is presently
being hotly contested through summer public hearings in selected
cities instead of in rational negotiations by the House and the
Senate. 3 Your having a child with your ex-boyfriend will not help your
immigration case as there may be some question as to whether your
present marriage is bona fide. The best solution if your case can
ultimately be done through marriage is for you and your present
husband to have a child of your own. If not, you should assemble
and keep all evidence throughout the years of your marriage that
you and your husband are physically living together. Processing Issues with Adjustment of Status to LPR from K-1 StatusReader from Tampa asks: I came to U.S. in April 2004 holding K1 visa. In May, 2004, I married this U.S. citizen and applied for green card in July 2004. In August 2004, I received the receipt but my last name was misspelled. I wrote a letter to Immigration for correction but as of now there was no response. In January 2005, I received a letter (again with the misspelled last name) from Immigration, asking to submit additional documents within 87 days : I-129F approval notice and birth certificate. Will Immigration notify me for an interview after I submit those documents? Dear reader: Marriage based cases must all be interviewed by U.S.C.I.S. before a favorable decision can be rendered. You would undoubtedly receive a notice of interview after the submission of further documentation. A look at the processing time chart for the Tampa U.S.C.I.S. office as of July 17, 2006, reveals that it is processing I-485 applications for permanent residence which were submitted by May 15, 2005, well over the time that you submitted your adjustment of status application. I suggest that if you have not yet received a notice of interview, you or your representative should begin checking with both the Tampa local office and the National Benefits Center in Missouri concerning the processing of your case. Refused Entry Where Visa Normally Not Required – Steps to TakeWeb Reader asks: I have a friend who has a Canada passport. She wanted to come to New York to visit couple days ago. However, the officer in Toronto Airport refused to issue her a visitor’s visa. What should she do next? Dear reader: Your friend undoubtedly attempted to enter the U.S. without a visa by using her Canadian passport, which she is entitled to do under the law. (Under a treaty between the United States and Canada, Canadians are allowed to enter the U.S. as B-1 business visitors or B-2 tourists without having to present visas). The U.S. Customs and Border Protection officer in Toronto did not admit her under pre flight inspection and although the reason for refusal is not clear from your letter, the usual reason is that he/she is not convinced that the applicant for entry is a bonafide visitor. Assuming that that was the reason, your friend can make an appointment at an American consulate or embassy in Canada and make a formal application for a visitor's visa to the States. If and when she obtains such, she can again attempt to enter the U.S.. The prior refusal would count for less to an immigration inspector where the individual has subsequently obtained a visa from an American consulate or embassy.
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Copyright © 2003-2006 Alan Lee,
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