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.

 

Copyright © 2003-2008 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.