US Immigration Korner
Felicia Persaud
This is a column created
especially for immigrants concerned or unsure of issues pertaining
to the US 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 US immigration
cause.
Q: My brother is a US citizen. How long would it take him to sponsor myself, husband and kids and what are the requirements?
A: Queens-based Attorney Dolly Hassan says if your brother petitions for you (and your family), it may take well over 12 years for you to actually receive your immigrant visa. To commence the process, your brother needs to file an I-130 petition, and provide proof of his US citizenship (naturalization certificate) and proof of his relationship with you (that is, birth certificates showing you share at least one common parent). He must also submit copies of your marriage certificate and of all birth certificates of your spouse and your children. Send copies, not originals. The petition and supporting documentation should be sent to the Bureau of Citizenship and Immigration Services with a filing fee of $130. Currently NY petitioners send their I-130's to the Vermont Service Center, 75 Lower Welden St., St. Albans, VT 05479.
Q: I am a US citizen living in the Caribbean. I have been traveling between the US and the region but I want to marry my girlfriend. How can I apply for her to obtain resident status? She is in the USA right now.
A: As a US citizen you can
marry your girlfriend and petition for her as your wife, says
Attorney Hassan. If she is in the
US lawfully, she can then apply for ADJUSTMENT OF STATUS (lawful
resident status) even if her I-94 or visa has expired. However,
the Bureau of Immigration will want to ensure that your relationship
with your wife is bona fide and that you are residing together
as husband and wife. It's not clear how you will be able to meet
that burden of proof if you are really living in the Caribbean
but traveling to the US occasionally. More than that, however,
you will need to execute an affidavit of support for your wife,
and for that, you will need to establish that you are domiciled
in the U.S, adds Hassan.
Please Note: That from the end of this month, you can submit your application to renew or replace a "green card" (Form I-90) and the application for an Employment Authorization Document (EAD) (Form I-765) via e-filing. Customers who e-file will not have to submit photographs at the time they file their applications. They will schedule an appointment to visit an Application Support Center (ASC) or the electronic collection of a photograph, signature, and fingerprint. After filing electronically, customers will schedule their appointment by calling the National Customer Service Center at 800-375-5283. For more information, log on to www.immigrationkorner.com or http://www.immigration.gov/graphics/index.htm.
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!