World Journal Weekly Q & A - April 28, 2013

Q & A 1. 2. 3. 4.

Q&A 1.

Is Reader Automatically U. S. Citizen Where Father was U. S. Citizen Before Reader was Born?

A son asks:

I want to know if I can be a US citizen because my father was a US citizen before I was born. From what I understand, he became a US citizen sometime in the 1960s. I was born in 1973. Although I have been to the United States two times in the past on visitors visas, I would like to establish my right to US citizenship if that can be done.

Dear reader:

In order for you to establish a citizenship claim, you will have to prove that prior to the time of your birth your father resided in the US for ten years, five of which years came after the age of 14 years. You will further have to prove that there was good reason for which you have not attempted to claim your citizenship status up to this point. Under US law, an individual entitled to citizenship by birth in 1973 should attempt to reclaim it by residing in the U.S. for two years between the ages of 14-28.


Q&A 2.

What to do if the B-2 Visa Extension Approval Notice is Lost?

Reader Nancy asks:

My mother came to U.S. many times under B-2 visa. Last year, she applied for a visa extension in the U.S. and was approved. Last month, she went to consulate for another B-2 visa interview and was asked to show the extension approval notice. My mother told the examiner that she had lost the approval notice. The examiner said that once my mother submitted the approval notice, he would grant the new visa application. My mother did not even have a copy of the approval notice, but she has the receipt. What should she do?

Dear reader:

If your mother used a representative, that person would normally have a copy of the approval notice. If she did not use a representative, she could apply for a copy of her file through the Freedom of Information Act. That process would take anywhere from 3 – 6 months. Another way of trying to do it would be if your mother kept the receipt of filing the B-2 extension. In that way, she could track the approval through the CIS online status system (which is also on the first page of our website).

 

Q&A 3.

U. S. Citizen Wants Older Sister to Visit and Wants to Know What She Needs to Do

A sister asks:

I am a U.S. citizen and want to apply my older sister to come to U.S. to visit me.  What documents and what forms do I need to apply for her?

Dear reader:

For your older sister to come to the United States, she will have to make the application herself with the American consulate or embassy which has acceptance authority over her residence. (Kindly note that American consulates in China can entertain non-immigrant visa applications from anyone in China regardless of that person’s residence). You can provide her with an invitation letter which explains what she will be doing with you in the States, and both guarantees her support and that she will return to China after her period of visit. You can also provide (if able) an I-134 affidavit of support form, current job letter, banking statement, and last year’s tax return.

Q&A 4.

Can Spouse of U. S. Citizen who Sneaked into the Country and has 3 children Qualify for I- 601A Application and Can He Stay in U. S. until Getting His Green Card?

A wife asks:

I am a US citizen and have three children with my husband. He sneaked into the United States in 1994, we met in 2005, and married in 2007. We keep hearing about the I-601A, but do not know what that is. Is there a way for my husband to stay here until he becomes a US citizen?

Dear reader:

I understand your desire to keep your husband here until he becomes a US citizen, but unless he is the beneficiary of section 245(i) under which individuals can pay a fine of $1000 for illegal entry and adjust status in the States to permanent residence if they are the beneficiaries of labor certification applications or immigrant visa petitions filed by April 30, 2001, and were here physically on December 21, 2000 (latest version of the law), his best option is probably to take advantage of the I-601A provisional waiver program of the Obama administration.

To apply, you would have to file an I-130 alien relative petition for your husband, have it approved; he would file the I-601A waiver application, and if approved, your husband would consular process the balance of his case at the National Visa Center of the Department of State and the American consulate in his homeland.

The advantage of the program is that it allows the applicant to remain in the US during the time of processing of what is usually the most difficult part of the case, the waiver for being here in the United States illegally for over one year. The waiver is based upon establishing extreme hardship to a qualifying US citizen spouse or parent.

 

Copyright © 2003-2013 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.
 
   
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