Published on Lawyers.com and the Epoch Times on May 9, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


U.S. Citizen


I'm a U.S. citizen. I'm planning marry a permanent resident, he has been here for almost 30 yrs if I marry him will he become a U.S, citizen?

Mr. Lee answers:

A permanent resident who has held the status for five years can apply for US citizenship on his or her own. If married to a US citizen for three years, living together for three years, and the US citizen having US citizenship for three years, he or she can apply for citizenship after three years. There is nothing automatic to allow a permanent resident to become a US citizen just because he or she married one.


Q&A 2.

I am A Dreamer

I’m currently 18 and in high school. My dad recently became a U.S. citizen. I am a dreamer. I don't have a good relationship with my dad.

Mr. Lee answers:

I suggest that if your dad can help you, eg- you entered the country legally, and if you want your dad to sponsor you for immigration, you should work to have better relations with him so that he will help you. Unfortunately there is nothing automatic about your obtaining any type of status just because your father became a US citizen.



Q&A 3.

Got Caught in the Desert Crossing to USA in 2010

I Was 16 Years Old.  Do I Still Get 5 Years of Punishment? It’s my first time getting caught through the desert they gave me a paper that said I got caught in the state of Arizona and that for 5 years I couldn’t do immigration paper work or anything related. My question is do they drop the punishment at the age of 18 because I was 16 when I got caught if not my punishment will be expired until 2015... I want to get married here in Mexico to fix my legal status.

Mr. Lee answers:

There is unfortunately no dropping of punishment when you turn the age of 18. You would be barred from entering the States until five years after the order. When you say that you want to get married in Mexico to fix your legal status, I assume that you will be married with a US citizen or permanent resident. In such case, she will have to petition for your resident status and you will have to interview at the American consulate or embassy in Mexico. The processing takes time and you only have to satisfy the five years at the time of visa interview. I suggest you begin the process and hold off the final interview until five years has passed.

 


Q&A 4.

Family Based Immigration

I would like to ask about my situation in immigration. My mother married a US citizen before I turned 18 years old. Now I am 23. She came back to Malaysia before she got a proper spousal visa done. Now she has been denied entry after 8 years and she is trying to petition for a proper visa. My question is do I need to wait until she gets her green card to petition for me or can my stepfather petition for my mother and I at the same time? How long will the process take and are there any way that the process be speed up so that we can be together in America as a family.

Mr. Lee answers:

Your stepfather can petition for both your mother and you at the same time. It is not clear from your statement of facts whether you mother was illegal in the United States for one year and is barred for 10 from returning. If that is the case, she would have to satisfy or waive the 10 years prior to being able to obtain an immigrant visa and coming to the States. If she is not barred, she could come as soon as the petition and consular processing are finished, a period between one – two years given present backlogs of U.S.C.I.S. In your case, you would fall under the F-1 category which currently has a visa availability date of December 8, 2006, for most of the world including Malaysia. The process cannot be speeded up for you under the family-based categories. If you have a four-year college degree, you may be able to come over on an H-1B specialized occupation visa if there is an organization which is interested in sponsoring you for the nonimmigrant visa.  There may also be other ways for you to come depending upon your desires and qualifications.  


 

 

Copyright © 2003-2014 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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