Published on Lawyers.com and the Epoch Times on September 4, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
Would my Spouse Benefit from New Obama Action?
My husband is already in a case to get his visa through me. With it he must leave to interview in his home country. With Obama's new action, can he benefit and stay to interview here in the US?
Mr. Lee answers:
Obama’s new action does not contemplate that your husband will be able to stay and interview here in the U. S. if he is not able to do so under present law. Pres. Obama did expand the I-601A program under which classes of applicants other than spouses, parents, and children of U. S. citizens can apply for the waiver inside the U. S. and await the result here (instead of applying and being rejected for an immigrant visa overseas before being able to apply for an I-601 waiver based on hardship to the qualifying relative) before deciding whether to return overseas for consular interview. Now for example if you had a green card only, your husband would be able to take advantage of the Obama action for the I-601A program as soon as the implementing regulation goes through the regular process.
Q&A 2.
Immigration
I m married to a US citizen if I fulfill the requirement of 18 months in 3 years when leave the country for 4 months for 2 times in 1 year. Can I apply for my citizenship after 4 years instead of 3 years? Does it affect my physical presence or I can apply easily whenever I want? What are the rules?
Mr. Lee answers:
The rule for naturalization based on marriage to a U. S. citizen only looks at the three-year period prior to the filing of the naturalization application. Looking at the three-year period, an applicant must have at minimum 18 months of physical presence in the country for basic eligibility.
Q&A 3.
Should I Renew My Passport First Before a Petition is Filed for Me?
I got my students visa last December valid for a year. My husband will file my petition on September. My passport is expiring on October 2015. Should I renew my passport first before he petitions me? And also my students visa is under my maiden name, will I have to update that once I get my new passport under my married name.
Mr. Lee answers:
I assume that your husband is either a U. S. citizen or permanent resident and is thinking of petitioning for you for the green card. If that is the case, the question of a passport in your maiden or married name is not important to the petition. You can use your married name on immigration papers for the green card even though the passport is in your maiden name. There is no need to renew your passport before he petitions for you. The student visa would remain valid under your maiden name even though you are married. You can always show your marriage certificate for the married name.
Q&A 4.
Do I Need to Complete Biometrics Again?
Once I complete biometrics for I-485 and I have the I-797 notice of action approval for the reentry permit I-131. Will I have to complete biometrics again?
Mr. Lee answers:
Whether you will have to complete biometrics again depends upon how long the I-485 application takes to process. Fingerprints are good for 15 months. If over that date, U.S.C.I.S. may or may not ask you to take biometrics again depending upon whether it is willing to rerun the old prints.
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