World Journal Weekly Q & A - March 15, 2009

Q & A 1. 2. 3. 4. 5.


Q&A 1.

Persons Holding Unexpired Green Cards Are Encouraged by DHS to Change to New 10 Year Green Cards

Reader Pok asks:

Can a green card without expiration date be changed to a new green card? What are the fees and procedures?

Dear reader:

Yes you can, and are actually encouraged by the Department of Homeland Security to change your current green card without expiration date to a new 10 year green card. Green cards issued between 1977 and 1989 were without dates and remain in circulation today although U.S.C.I.S. did propose a rule in August 2007 to require these individuals to apply for the new 10 year card. That proposed rule has not yet been made final, but the agency encourages immigrants to replace their unexpired cards. Such can be done by filling out Form I-90 and sending it with a $370 fee to the U.S.C.I.S. facility at the below address:

Post Office deliveries

U.S. Citizenship and Immigration Services
P.O. Box 54870
Los Angeles, California 90054-0870

Non U.S. Postal Service deliveries

U.S. Citizenship and the Immigration Services
Attention I-90
16420 Valley View Avenue
La Mirada, Calif. 90638-5821

The check should be made out to the "Department of Homeland Security". No
supporting evidence is required for the application although applicants must bring such documentation when they are asked to attend a biometrics appointment at the local application support center.

Q&A 2.

Reader Hears that Hong Kong Residents Over the Age of 70 Can Come to U.S. Without Visas. True?

Reader Tsui asks,

I recently heard that Hong Kong residents over the age of 70 could come to U.S. without visa. My mother is 75 years old and wants to come and visit her granddaughter, but she worries she might have problem with visa application. Is it true?

Dear reader:

I am not aware of any new rule that would allow Hong Kong residents over the age of 70 to come to the U.S. without visas. Your mother will have to go through the U.S. consulate to obtain a visa if she does not already have one and wishes to visit her grand- daughter.

Q&A 3.

My Friend Lost $10,000 At a Casino. Is He Eligible for Naturalization?

Henry Reader asks:

My friend was unemployed and spent a lot of time in casino in Connecticut. One day in 4/2008, he lost a lot of money and charged his credit card over $10,000. The casino employee asked him to fill out a W-9 form, so he had to put down his social security number and signed the form. Since then, my friend rarely goes back to that casino and did not receive any letters from that casino regarding that matter. I want to know if that matter will affect his naturalization application in the future. He will apply for naturalization in 2011.

Dear reader:

It appears that your friend's actions were all legal, and so the gambling matter should not affect his naturalization application in the future. Illegal gambling may be a crime, but you friend legally gambled in a casino. Losing money is not a crime, and it appears that he made good on his debt by having it charged to his credit card.

Q&A 4.

How Can I Bring My Four Year-old Nephew From Taiwan to Live With Us for 4-5 Months?

A Taiwan Reader asks:

I obtained my conditional green card in July 2008 and my husband is U.S citizen. I plan to travel back to Taiwan in the near future to bring my four years old nephew to the U.S. to live with us for 4-5 months. Then my husband will bring him back to Taiwan in the summer. I heard the U.S. Custom examiner might suspect my nephew would not leave and therefore give him a hard time, was it true? What kind of documents must we prepare to help my nephew entering U.S. successfully?

Please note my nephew came to U.S. the past Christmas with his parents attending my wedding. He stayed here for 3 weeks and left the country on time.

Dear reader:

I agree that a Customs and Border Protection (CBP) inspector at the port of entry may have many questions for you when you bring in your four year-old nephew. There is obviously less suspicion when he is traveling with his parents. If you have documentation that would show the reason for the temporary nature of his stay, you could perhaps present that to the inspector upon request. Perhaps such items as proof that his parents are well off financially along with their sworn statement and any evidence as to why you are taking the child for four-five months would be helpful in the inspector's decision.

Q&A 5.

Reader Committed a Crime for which He Was Not Arrested, Only Detained At a Store, and Wants to Know the Consequences of Putting the Information on the N-400 Form for Naturalization.

Fan Reader asks:

I will be living in the U.S for 5 years soon and plan to file for naturalization in the couple months. I have a concern regarding a question in the N-400 application under the “good moral character”, it asks “Have you ever committed a crime or offense for which you were not arrested?”

In 8/2008, I went to a store to shop but I did a stupid thing - stole a cloth and was caught. At that time, they asked for my working permit number, address, etc.. I didn’t have driver license at that time, at the end, I was fined for $500 and was allowed to go home. At that time, I asked if they had called police, they told me “no”. My English wasn’t that good and they said something to me but I didn’t understand. My questions are:

1. Will immigration office find out this incident?
2. Will they inform the police station?
3. Do I have to fill out this incident on the N-400 form? If I reveal this incident Immigration, will they cancel my naturalization application?


Dear reader:

In answer to your questions:

1 Where nothing is reported, U.S.C.I.S. would have no way to discover the incident.

2 I seriously doubt that the store informed the police station as I am not even sure whether their taking $500 from you was legal.

3 The N-400 form should of course be filled out truthfully. If somehow the incident is discovered and a naturalization examiner does not give you an opportunity to add in the information, he/she could deny your naturalization application on grounds that you are not a person of good moral character in having lied on the application.

4 If you reveal the incident to U.S.C.I.S., you may also be denied your naturalization on grounds of not having good moral character for having stolen from a store. Good moral character is generally determined by whether your conduct met the community standards for such within the five years immediately prior to applying for naturalization.

 

Copyright © 2003-2012 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.