World Journal Weekly Q & A - March 1, 2009Q & A 1. Sneaking Into the U.S., Marrying a U.S. Citizen and Having Two Children - What Are My Options?Reader Helen asks: I sneaked into the U.S in 1998 without a passport and was not caught.
I got married in 2000 and now have two children. My husband obtained
his naturalization paper in 2006. There are a lot of people around
me in the similar situation, many of them would be able to find
a New York attorney and filed for political asylum or one child
policy. After they had a legal standing, their U.S. citizen spouse
would apply for them. My questions are: Dear reader: 1 You may be able to adjust status to permanent residence if you can qualify under section 245(i). That section of law allows most illegal individuals to adjust status upon payment of a fine amount of $1,000 provided that a labor certification application or immigrant visa petition was filed on their behalf by April 30, 2001, and they were physically present in the U.S. on December 21, 2000. I note your question concerning the correlation between filing for political asylum, having some form of legal standing related to that, and having the U.S. citizen spouse apply for the alien. Unfortunately those are different paths and some type of standing in an asylum based case does not negate the need for section 245(i) in a non-asylum based case like you are presenting here. 2 There is also the possibility that if you are put under immigration proceedings, you may be able to qualify for permanent residence through showing an immigration court that your being returned to China would cause exceptional and extremely unusual hardship to your U.S. citizen husband and and two children. I do note that this is a heavy standard to fulfill. The relief is titled cancellation of removal and also requires ten years of continuous physical presence in the U.S. and good moral character immediately prior to the date of application. For purposes of counting the 10 years, the time is stopped by the issuance of a notice to appear before the immigration court.or the commission of a barring crime. 3 President Obama was elected under a pro-immigration stance, and it is reasonable to expect that he will work on an immigration bill to provide comprehensive immigration reform during his first term of office. 4 I suspect that having filed tax returns will enhance one's chances of obtaining an approval of benefits under a comprehensive immigration reform bill, but the crafting of the bill will dictate the importance of tax returns. 5 A tax identification number (ITIN) can be attained by sending in IRS form W-7 with a tax return by mail or in person at any IRS Taxpayer Center or through an acceptance agent (www.irs.gov). The address for mail-in requests is: IRS U.S. Citizen Marries B-1/B-2 Visitor and Wants to Know the Process Including Whether His Divorcing Ex-wife Who Sponsored Him for the Green Card Will Affect His Petition for His New WifeLai Reader asks: I became U.S citizenship since October 2008. My girlfriend, from Hong Kong, entered U.S in mid-September 2008 with a B1/B2 visa. We registered our marriage in 11/08 in New York. My questions are: 1. Can she adjust status in the U.S without leaving the country?
If she has an emergency and must leave the U.S, what should she
do? Dear reader: 1 Your wife is eligible to apply for adjustment of status in the country and to receive her permanent residence here instead of returning overseas for interview. During the time of processing the I-485 adjustment of status application, she is only allowed to leave the U.S. if she has a grant of advance parole. That can be applied on form I-131 to the USCIS's Chicago lockbox - Post Office: 2 You should indeed file the I-130 and I-485 applications at the same time at the Chicago lockbox (same addresses). The I-130 should go before the I-485. Other documents to be submitted are proof of your U.S. citizenship, marriage, termination of prior unions by either party, proof of her birth, passport/I-94 copy, financial support, and medical examination. 3 Employment authorization is usually given within three months of sending in the I-765 applications. 4 The timing of cases depends upon the speed of local immigration offices. An approximate time of processing is seven months. Marriage-based cases are usually not very difficult and the chief factor in them is usually whether the immigration examiner believes that there is a bonafide marriage in which both parties are living together as man and wife, and not a marriage in which the parties are just connected by legal paperwork. 5 Your having immigrated through marriage is a factor that an immigration examiner will look that while adjudicating your wife's case. You might also be questioned concerning the circumstances of your living together with your ex-wife.
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Copyright © 2003-2012 Alan Lee,
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