Published on Lawyers.com and the Epoch Times on June 27, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
Can He Stay in the U.S.?
After living in the US for 17 years, going to school and even working, is there some way to be naturalized without being deported? We're having a baby and I don't want him to have to go back.
Mr. Lee answers:
If he is your husband and came into the country legally and if you are a US citizen, he can apply for adjustment of status on the basis of marriage to you. If you are a US citizen and if he came to the country illegally, he may be able to take advantage of the Administration's I-601A program under which you can apply for an I-130 relative petition on his behalf, have it approved, and he would then be eligible to apply for a waiver of the 10 year bar against return for a person who has stayed here illegally in the States for one year while he is still here. At the end, he could process the rest of his case with the US Consulate in his home country where he would go through a regular interview. Further if he was under the age of 16 when he came to the US and not over the age of 31 in June 2012, he may be able to apply for another Administration's program, DACA (Deferred Action for Childhood Arrivals) under which he would be allowed a two-year stay in the country with employment authorization if he qualifies. The program is extendable. Otherwise he could wait to see what will happen with the push for comprehensive immigration reform. Finally if he is caught by Immigration, he is entitled to a hearing before the immigration court at which he can put forth all the reasons for which he should not be removed.
Q&A 2.
Will My DUI Affect My Naturalization Application?
I am an eligible resident to apply for citizenship however I got a dui for which I was put on PBJ until June 2015, and had to pay a fine. If I send my application is it likely that it will be rejected given that I am still on probation.
Mr. Lee answers:
Probation before judgment generally involves a guilty plea or plea of nolo contendere in my understanding which means that U.S.C.I.S. considers your DUI a conviction. There are two questions in your case – whether U.S.C.I.S. will consider your DUI such an offense as to keep you from having the requisite good moral character to naturalize, and what can be the result since you are on probation if you send in your application at this time. Generally speaking, a single DUI without more would not keep you from being naturalized. However, U.S.C.I.S. will not naturalize anyone who is still on probation. If you send in your application now, there is a likelihood that the agency would hold your case until the period of probation is over. Some immigration officers may also not wish to hold your case and deny it. It might be just as well to time your naturalization filing so that your probation period is over by the time that you are interviewed.
Q&A 3.
Application for U.S. Citizenship
Requirement in the web: I have resided in the district or state in which I am applying for citizenship for the last three months. I have been out of states for 7 months and I am back now to apply for the U.S. citizenship. I have qualified all other requirements. Yet, may I know if I have to wait for 3 months to apply? Can someone explain the above requirement? I have my bank statements which can prove that I have been living in the address for a long time.
Mr. Lee answers:
A person that takes a trip overseas does not have to establish three months residence in the state or CIS district of filing if he or she is returning to the same location. The three months is for those who change residence to another state or district before applying. If you've been living at the address a long time and have your banking statements to prove it, the seven months out of the US would not subject you to having to prove another three months of residence in your state or CIS district. I do note that an examiner may question you concerning the reason for which you left the country for over six months.
Q&A 4.
AOS is Pending More Than 5 Months
I came to US as a tourist, married, filed AOS in June, in September was our interview which was separate and lasted for 2 hours. Yes, we have red flags in our case like difference in age, tourist visa, 6 months of knowing each other, lack of evidence of living together but the officer said unlikely we'll be scheduled for another interview but the case was held for 120 days accordingly to the notice given in the end of interview. They didn't stamp my passport. Now 5,5 months have passed. I called them but they say it's still within normal processing time frames that is confirmed by the same information on their web site. they also confirmed they didn't send me any new notices after interview. I tried to find such stories in internet but nobody waits that long after interview which means it's beyond normal practice. What can take them so long? Does it mean the situation is not good? What I should be ready for?
Mr. Lee answers:
U.S.C.I.S. officers oftentimes hold cases that they are hesitant to grant. I suggest that you schedule an Infopass with the immigration office to find out what is happening with your case. Other things that you can do are to write to the interviewing officer and if no response after a reasonable period of time escalate your inquiry to a supervisor.
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