Published on Lawyers.com and the Epoch Times on March 9, 2018
Q & A.
How Long Will It Take to Fix My Boyfriend Papers After We Get Married?
My boyfriend currently has a social security unity issued by the dream act, he entered the United States when he was younger, doesn't remember how he entered. We plan on getting married and was wondering how long the process would take for him to become a resident. I am a U.S citizen and get has a clean record.
Mr. Lee answers:
In order to adjust status to permanent residence in the US without leaving based upon marriage to a US citizen, he would have the burden of proof to show that he entered the country legally. If he is able to do so, he would likely have an interview with U.S.C.I.S. within 10-11 months after filing. Without legal entry, your boyfriend/future husband would have a more difficult route involving consular processing and the filing of a provisional I-601A waiver application after the approval of an I-130 petition for alien relative. The waiver application is based upon establishing extreme hardship to you if he could not return. Your husband would stay in the US during the time of the filing and adjudication of the waiver, and if approved, complete his consular processing in his homeland. Such processing would take between one and a half year to two years.
What Do I Need to Do to Become a Permanent Residence of This Country?
My wife who is a US citizen abandoned me before our interview on USCIS for my adjustment of status (to become a lawful permanent residence). It’s been 5 years that I haven't heard anything from her. Does filing a divorce will help me reapply or appeal for my case. What do I need to do so I can be a permanent residence of this country?
Mr. Lee answers:
In your situation, it does not appear that you will be able to gain permanent residence through any relationship with your wife. I suggest that you look for other options. A good beginning point is to seek a formal consultation with a knowledgeable immigration lawyer.
Adopt a Foreign National
I am a United States citizen by birth. If I adopt a foreign national, does that automatically give the adoptee citizenship in the United States?
Mr. Lee answers:
In adopting a foreign national, you would have to go through a process with U.S.C.I.S. and usually US consulate overseas if the child is located in another country. Orphans from most countries would have to be adopted in accordance with the Hague convention. Otherwise they must be adopted by the age of 16, and you would have to be able to establish both legal and physical custody for two years prior to submitting a petition to U.S.C.I.S.
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