World Journal Weekly Q & A - November 2, 2008
Q & A 1. 2.
Q&A 1.
Proving Physical Presence in the U.S. for Naturalization Purposes
When Your Passport is Lost
Gu reader asks:
After reading World Journal Volume 1247 “Immigration Q&A”,
my situation is similar to reader Wang concerning lost passport
while applying for naturalization. Here are my two technical questions:
1. I have been in and out the U.S numerous times and could not
remember the exact dates, so when I fill out the N-400 naturalization
application form, how could I fill in the dates that would correspond
to the immigration records? Is there a way to inquiry what was in
my record?
2. I recall when I checked in for boarding, the airline staff didn’t
check my green card. How could I prove to the immigration the date
& time I left the U.S?
Dear reader:
1 If you lost your passport, you should fill in the dates according
to your best remembrance after going through whatever records you
have. You can check for boarding passes and tickets which you may
have kept. You can check with your travel agent. You can also check
with the airline(s) for the applicable information on your travels.
If you kept an itinerary, journal, or diary, you could refer to
those. You can tell the naturalization examiner that you lost your
passport and the trips are according to your best remembrance.
2 If you have the items listed above, those could serve as indications
that you left on the date that you claimed. Other items such as
foreign hotel receipts, car rental receipts, etc., which might be
reflected in credit card charges could help. In addition, if you
were working fulltime in the U.S. during the required residence
period for naturalization, you would usually be able to show W-2s
and 1040s and might convince the naturalization examiner that such
an amount of money for U.S. employment (if high enough) means that
you would have had to be here in the U.S. for most of the periods
in question.
Q&A 2.
Broken Adoption Reestablishes Original Family Bond to Allow Sibling
to Immigrate
Mei reader asks:
My friend’s AIT F4 category (through her older U.S. citizen
sister) interview was denied pending additional documents in 12/2006.
It was because her sister was adopted by others when she was 2.
Her sister’s adopted parents both passed away 5 years later
and her sister was returned back to her biological parents and attended
elementary school until her sister was married.
My friend was requested to provide a local court’s finding
that her sister did return to her original household. After investigation,
the court issued a finding of fact and it was submitted to AIT in
Taipei. The officer told my friend to wait for decision from the
U.S. As of now, my friend has not received anything. Is there a
chance for her case to be approved?
Dear reader:
Under the circumstances as you have described, it would appear
that the adoption was broken and the familial bond between your
friend's sister and her natural parents was reestablished. As such,
your friend's immigrant visa should be granted unless there are
other concerns. Your friend, her sister, or their representative
should try to push the case to conclusion at the AIT assuming that
your facts are correct.
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