Published on Lawyers.com and the Epoch Times on September 21, 2018
Q & A.
Green Card Parent Filed I-130 for Unmarried Child Over the Age of 21. How Long Will it Take?
I have an I-130 that my father filed on my behalf. He has a green card. I am over 21 years, unmarried. I stayed in NC. How long It might to obtain it?
My dad filed the application himself. They send my case to my country of origin. But I think I am qualified for the process to be made here in the U.S. I haven't overstayed my visa. I stayed under the TPS program.
Mr. Lee answers:
Under the F-2B category for unmarried sons and daughters over the age of 21 of green card holders, the waiting time is approximately 7-8 years. You may or may not be able to adjust status in the US as TPS for purposes of adjustment of status remains controversial with U.S.C.I.S. I would assume that you will know one way or another by the time that your priority date is available for filing adjustment of status the final views of the federal courts.
How Can I Prove I Did Not Become an American Citizen Without a Green Card?
I have applied for the renewal of my green card, was approved, but it never arrived. In the mean time I would like to move back to my country of origin, not reapply for a new green card, but my Dutch passport, has expired and the embassy wants proof I did not become an American citizen. Is there any form that I can apply for that will prove this without spending another $540 for a green card, or have to apply for a certificate of non existence, because I have an A#, and it does not apply.
Mr. Lee answers:
To make an observation, most people want to prove that they are US citizens and not the other way around. You say that you applied for the renewal of your green card and it was approved, but the card never arrived. If so, you would have the I-797 approval sheet showing that your I-90 application for a replacement green card was approved. Perhaps the Dutch authorities would accept that piece of proof along with your affidavit that you never applied for US citizenship. I am not aware of any other form that you could fill out to prove that you are not a US citizen.
I Am a Natural Born US Citizen and I Would Like to File Naturalization For My Mother
My mother’s name on her birth certificate is not the same as her full government name. She is concerned as to whether or not this hinder her chances at being granted naturalization under me, her biological son.
Mr. Lee answers:
Not having the name Brandon on your mother's birth certificate would probably not be a hindrance. She can obtain two affidavits from individuals who are at least seven years older than her who can attest to the facts of her birth and explain (if they can) why the name Brandon was left out. You can also have a DNA test run to prove that she is your mother. Two notes – if the name Brandon came through a marriage, there would be nothing to explain. Also for you to sponsor your mother, she would have to first become a lawful permanent resident through your sponsorship and then later apply for citizenship after five years.
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