Felicia PersaudU.S. Immigration korner
Felicia Persaud
This is a column created especially for
immigrants concerned or unsure of issues pertaining to the U.S.
Immigration Law. The column will answer some of our readers frequently
asked questions and provide answers from qualified immigration
attorneys and advocates lobbying for the U.S. immigration cause.
Q: I have a female daughter, age 21 who is based in Queens. She had arrived on a holiday visa from Guyana and is currently living in an undocumented capacity. This presents various problems since she has to seek jobs of all sorts under minimum wages to reach her monthly rent and living cost. Lately she visited a lawyer, who told her that her papers can be legally fixed, in a process that will takes from 6 to about 1-1/2 year. The cost for the processing of the papers is approximately US$6000. My question to you is whether you are aware of such a procedure and is it possible for her to get legal like that?
A: John Stahl, immigrant counselor
of the Emerald Isle Center in Queens, says under current laws,
the only way your daughter can become a legal resident is to marry
an American citizen. Once she does that she will be eligible to
apply for permanent residency and adjust her status in the U.S.
without penalty for overstaying her visa or working without authorization
prior to the application being processed.
Otherwise, she will have to leave the U.S. and be processed for
a visa or green card back home through a U.S. Consular post. The
catch is that anyone who has overstayed his or her visa here by
more than 180 days (6 months) and departs the U.S. is subject
to a 3-year bar from returning to the U.S. If one has overstayed
by more than 365 days (1 year), the bar is for 10 years.
You did not say how long your daughter has overstayed her visa
by. If she has overstayed by less than six months, the bar would
not apply to her and it may still be possible for her to apply
for another visa at home. Otherwise, she may only be eligible
to legalize her status in the U.S. through a genuine marriage
to an American citizen.
Q: I have a friend who got his green card when he was a little boy. Right now he is 45 years and he would like to change his old greencard for the new type. What is the procedure for this?
A:
Your friend can apply to the Bureau of Citizenship and Immigration
to replace his "old green card" to the newer version,
says Attorney Andre Pierre. When you have an older edition of
the card, you must replace it with the current type of card. Your
friend needs to submit form I-90, or application to replace permanent
resident card, to the BCIS in his district along with two identical
photographs of himself taken within 30 days of the application.
The filing fee is now $130. He must also submit a money order
in the amount of $50 for fingerprinting bringing the total to
$180. He can submit one or two money orders. Personal checks are
not accepted. Also, the money order (s) must be in the exact amount.
Of course, your friend can always apply for citizenship here.
That would be the best route to take since there are limitations
as a legal residents that naturalized citizens do not face.
About the writer: Felicia Persaud is a New York-based journalist
and head of Hard Beat Communications. If you or someone you know
has an immigration question, then email Felicia directly at hardbeatinc@aol.com.
Individuals can keep their anonymity if preferred, since questions
will not be answered personally!