World Journal Weekly Q & A - September 9, 2007Will I Have a Problem With Immigrating Because I Use Two First Names?Li asks: I was born in Hong Kong and was naturalized many years ago in one of a small countries in South America. My daughter was born in that country. She came to the U.S. more than 10 years ago and is now applying for U.S. citizenship. My first passport was a British passport issued by Hong Kong with the first name of Maddalena. But when I was naturalized in that South American country, the immigration official misspelled my name as Magdalena (3rd alphabet is wrong but same pronunciation). On my daughter’s birth certificate, my name was spelled as Maddalena same as my British passport. However, all my current travel document or ID listed my name as my new passport name, which is Magdalena. If one day my daughter obtains her U.S. citizenship, and use her birth certificate to prove our mother-daughter relationship when petitioning for me, would the name difference affect my chance of getting green card? Is there any way under the U.S. laws for me to report that I use these both names? Dear reader: Many persons use a second first name and this is not uncommon to U.S.C.I.S.. However, the agency only recognizes official names. U.S.C.I.S. will generally go with the name which is on the birth certificate unless there is documentation of an official change of name. If you decide to go with the name 'Magdalena", you should pursue a legal change of name in the country of which you are a resident unless the naturalization misspelling in the South American country is regarded as an official name change. If you wish to use the name "Maddalena", you should have that name as your primary name on official documentation such as your passport. In such event, your country of citizenship could notate the name "Magdalena" as an alias that you are also using in the passport. The Amount of My Tax Filings is Very Low - Can I Be Naturalized?Zhong reader asks: I have been in the U.S. for 10 years and am ready to naturalize. I heard that I needed to submit the past three years’ tax returns. However, my income for the past three years was about 7,000 to 8,000 range. I am single. Can I apply citizenship with this kind of income? Dear reader: The amount of money that you are making is not relevant to a naturalization application except to look more closely at your time of actual physical residence in the United States (applicants must spend at least one-half of the required residence period inside the U.S.), and whether you have been truthfully reporting the level of your income (good moral character is another requirement for naturalization which may be negatively affected by willfully evading tax obligations) Can I Immigrate Through My Son's Petition if My Prior Marriage Was Suspected As Fraudulent and I Withdrew the Case?Wu asks, My son is a U.S. citizen and he wants to apply a green card for me. I am in the U.S. now. However, in 1985 my ex-wife who was a U.S. citizen filed a green card application for me in Taipei. That interview at AIT, the examiner suspected my marriage. I took the initiation and withdrew the case. I later divorced her. Would there be any problem for my son to petition for me? If there is a problem, how can I resolve it? Dear reader: Where it is proved that an individual previously engaged in a fraudulent
marriage, that individual is permanently barred from immigrating
to the U.S. under any of the preference or non quota categories.
This would apply to your son's petition for you if the circumstances
of your prior marriage were fraudulent and this was discovered by
the U.S.C.I.S.. You can resolve this type of situation by gathering
evidence that you and your ex-wife actually lived together as man
and wife after your marriage. Such materials could include photographs
together, household registration, statements from relatives, friends,
neighbors, persons that both of you did business with, statements
by local authorities with knowledge of your relationship, joint
tax filings, joint savings accounts, utility bills, telephone bills,
insurance policies, etc. Can I Apply for Naturalization Three Months Before I Turn 18?New York Reader asks, I heard that once you have the green card for 5 years and you are over 18 years old, you could apply for citizenship. In addition, you can apply 3 months prior to meeting the 5-year criteria. My question is, since I have had a green card for over 5 years, can I apply for citizenship 3 months before I turn 18 years old? Dear reader: In our opinion, you are not able to file for your naturalization until you actually reach the age of 18. Our understanding of the allowance to file three months ahead of time is that it only applies to the years of residence required after obtaining permanent residence, but does not change any of the basic eligibility requirements. The Effect of Legal Separation or Divorce on Adjustment of Status Through MarriageZheng asks, I came to the U.S. illegally in 1996. In 2/2000, I married an U.S. citizen, and applied 245i marriage green card. USCIS gave me a C-9 card, I had to renew it every year. Because I used a fake passport when I came in, therefore, I defraud the Immigration. USCIS refused to issue me a green card and wanted to deport me. My lawyer filed an I-601 waive, based on my family’s needs. Currently I am still waiting for the result. Right now I’m filing for a divorce. I would like to know if I apply for F-1 (I’m studying Business Administration at a community college), would my case be approved? Can I apply from the U.S. to study in Canada? Dear reader: In the absence of a viable marriage, you would find it very difficult
for the local U.S.C.I.S. office to approve your permanent residence
status. Although there is authority for approving an I-485 adjustment
of status application to permanent residence where the I-130 relative
petition has been approved and there has been no legal separation,
U.S.C.I.S. officers are generally not happy to see this scenario
and would usually seek to deny the application. In your case, finalization
of the divorce or a legal separation would terminate your hopes
of obtaining permanent residence from your wife's application. If
you make an application for F-1 student to the U.S.C.I.S., you would
undoubtedly be refused because of your illegal status (although
you have an adjustment of status pending based upon section 245(i),
the U.S.C.I.S. does not regard your status as legal for purposes
of non-immigrant status change). To your other question, I do not
profess to know anything about Canadian immigration laws and so
cannot inform you as to whether you can apply from the U.S. to study
over there. Following to Join Family Members Who Have Already ImmigratedKen asks, I am a Hong Kong resident. My father-in-law is petitioning my entire
family to the U.S. It was approved in 2005. My wife and my older
son are in the U.S. and have obtained their green cards. Due to
some issue, my young son and I did not go along with them. I would
like to know. 3. If #1 is possible, what procedures should be done in Hong Kong for my younger son? Dear reader: 1 If you are still married to the wife, you and your younger son should be able to utilize the "follow to join" provision of the immigration law to immigrate to the States. 2 If you have an intention to immigrate at the time that you enter the U.S. under a B-2 visitor's visa, a U.S.C.I.S. officer may later object to your immigration on the basis that you misrepresented your true purpose in coming to this country under the B-2. If on the other hand, you had a legitimate reason to be temporarily in the United States and later changed your mind about going home, you might be allowed to adjust status to permanent residence here. To do so, you would have to file an I-485 adjustment of status to permanent residence application with the lockbox of U.S.C.I.S. in Chicago. The address is: Post Office delivery U.S. Citizenship & Immigration Services Courier delivery U.S. Citizenship & Immigration Services 3 For your son to immigrate from Hong Kong, paperwork would have to be started with the local U.S.C.I.S. office to send a record of your wife's residence status, date of admission, class of admission, priority date, and country of chargeability to the overseas U.S. consulate so that it can begin sending out the appropriate paperwork for your son to fill out and return to the consulate.
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Copyright © 2003-2007 Alan Lee,
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