Published on Lawyers.com and the Epoch Times on January 13, 2017
Q & A.
Green Card Sponsorship
I need some information in regards to my brother. He is 27 years old and currently lives in Pakistan. When he was about 12 years old he was deported back to Pakistan with my father while entering the US on a visitor visa. The immigration officer had found documents which basically showed that he and my father were living in the US on visit visa albeit renewing the visa every 6 months and never overstaying. He is now engaged to a US citizen and hoping to get married by the end of the year. We will need to start his sponsorship process then. Can you please tell me if the above mentioned issue will cause him any problems? Secondly, if there are no issues how long do you think the entire sponsorship process will take?
Mr. Lee answers:
The Department of State’s guidance is that a child under the age of 15 cannot act willfully and therefore cannot be found ineligible for fraud or misrepresentation in the circumstances that you describe. Also the period of time in which a person is barred from the country for being declared inadmissible at a port of entry is 5 years. The entire sponsorship process in a marriage case will typically take a year.
Do We Need to Complete Form I-864?
Daughter is US Citizen, lives in Argentina. She is married to an Argentine. Neither have jobs yet. Want to live in USA.
Mr. Lee answers:
Unless there are exceptional circumstances, your daughter would typically file an I-130 petition for alien relative to the U.S.C.I.S. Chicago lockbox at
(For U.S. Postal Service deliveries)
USCIS
P. O. Box 804625
Chicago, IL 60680-4107
(For express mail and commercial courier deliveries)
USCIS
Attn: I-130
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
At the time of consular processing after the approval of the I-130 petition, she would have to submit form I-864, and she would typically need someone in the United States such as you to file a joint I-864 in light of the circumstances that you describe.
How Long Will It Take For Green Card Holder to be a Citizen After Submitting Application?
Can I put in for my daughters resident papers at the same time?
Mr. Lee answers:
Typical processing for citizenship cases across the country is from 6-10 months. Looking at the processing time chart for the Dallas field office, it says that the time for processing a naturalization case up to the date of interview is 6 months. If your daughter is 18 and over, she can file at the same time as you as long as she has fulfilled the required period of residence. If not yet 18, you would have to get your citizenship first and she would typically attain her U. S. citizenship upon your obtaining such if she is a permanent resident and living in your custody. She can ask U.S.C.I.S. for recognition of her U. S. citizenship status through the N-600 application for certificate of citizenship.
|
