Published on Lawyers.com and the Epoch Times on November 6, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Overseas with My Husband that Lasted 4 Months Approximately?

After applying for N-400 and after 4months and 19days I received I-797C request to appear for initial interview. Documents that I need to bring are: green card, any evidence of selective service registration, passport and any other documents that I used to enter a US, marriage certificate, spouses naturalization certificate. First, I was never engaged in any selective service or military of any country, I only have a passport from the country that I immigrated from and a US green card, one marriage certificate and one husband's naturalization certificate. When I was traveling outside the US I only used a passport and a green card mentioned above. I do not have anything else that I used to enter the US. Me and my husband were only married once and that is our current marriage without kids.

Mr. Lee answers:

You have received a typical request for documents to bring to a naturalization interview. There does not appear to be anything unusual in the request. I gather that you are attempting to naturalize based upon marriage to a U. S. citizen and do it within 3 years instead of 5. The requirements are that you are married for 3 years, that the U. S. citizen is a U. S. citizen for 3 years, and that you reside together as man and wife for 3 years constantly in the 3 years prior to filing the N-400 application.

Q&A 2.

Marriage Based

I applied for an I-485 and it was denied due to a false claim of U.S. citizenship on an I9. It’s been a year since I got the last denial letter. What is there to do reapply or what? I have had the I-9 corrected when I got the NOID.

Mr. Lee answers:

Unfortunately a denial for a false claim of U. S. citizenship on or after September 30, 1996, is a permanent bar. Having the I-9 corrected does not mitigate the ground of denial. If the false claim occurred prior to the stated date, you may be able to apply for a waiver of misrepresentation based on extreme hardship to a U. S. citizen or permanent resident spouse or parent.

Q&A 3.

I Would Like to Know If There is a Way for Me to Come Back to the United States

I lived in Miami for around 8 years but I overstayed with a tourist visa after the first six months. I entered the United States at the age of 14, I graduated from high school and joined college. I came back to my country voluntarily two years ago and I have my records clean. I would like to know if there's any way for me to come back.

Mr. Lee answers:

If you overstayed in the United States on the tourist visa and left the US after turning the age of 18, you are barred from returning for 10 years under present rules. You may apply for a nonimmigrant visa and enter the US if the consul initially refuses your application, agrees to recommend that a waiver be given to you, and the waiver application is agreed to by the Admissibility Review Office (ARO) of DHS. The consul and ARO would look at the seriousness of your violation, extenuating circumstances, reason for coming to the US including necessity for or urgency of, and whether the trip would endanger public safety or national security. 

Q&A 4.

My US Citizen Father Filed for Me After I Overstayed my Visa

The petition was approved, but not allowed to adjust status here. Will the I-601A help me?

Mr. Lee answers:

Under the President's executive action of November 20, 2014, you may certainly be able to take advantage of the I-601A process as that is to be expanded to all eligible classes. Best estimate is that the final regulation will come out in Spring.  Under the I-601A, you would be able to file for a provisional waiver of your illegal stay in the US while you are here and know the result prior to deciding whether to go overseas for a consular interview. I do note that the I-601A only excuses illegal stay and not any other grounds of exclusion.

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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.