Published on Lawyers.com and the Epoch Times on March 4, 2016
Q & A 1. 2. 3. 4.
I Didn't Include My Son on My Green Card Forms. What Should I Do?
Mr. Lee answers:
By your green card preparation forms, you could mean either I-130 petition for alien relative or I-140 petition for alien worker or I-485 application to adjust status to permanent residence or DS-260 application for immigrant visa. If on either of the first 2, you can add your under the age of 21 son in the next phase of the case, either on the I-485 or the DS-260. That assumes that you will both be interviewing at the same time at the same place. You would be filing another form I-485 or DS-260 on behalf of your son at the same time that you are submitting your applications. If you have already filed your I-485 or DS-260, you would be filing the same forms for your son. For an I-485, there is a good chance that your adjudication will come prior to that of your son. For a DS-260, you would have better chance of having the files put together so that you can both interview at the consular post at the same time.
How Can My Husband Obtain Citizenship?
We have been married for almost 3 years. He was brought here as a minor by his mother. She did not allow him to go to school so he has no documentation being here as a child. He had a passport that is now expired.
Mr. Lee answers:
When you say that your husband has no documentation being here as a child, I gather that the passport that he has contains no evidence of legal entry into this country. If that is the case and he is not the beneficiary of §245(i) (which allows adjustment of status upon a fine being paid for those who had labor certification applications or immigrant visa petitions filed on their behalf by April 30, 2001, and were physically present in the U. S. on December 21, 2000), he is not eligible to change his status to permanent residence in the country. If he leaves the U. S. to consular process a petition by you, he would normally be barred from returning for 10 years because of his illegal stay of over one year in the U. S. You may explore the possibility that your husband may be eligible for an I-601A provisional waiver, which could be applied for after a petition by you in an I-130 alien relative petition is approved by U.S.C.I.S. Following such, he could make an application on form I-601A to be excused for the 10 year bar and can await the result while in the country. The criterion for the waiver is his ability to prove that denial of such would cause you extreme hardship. If approved, he could set up his consular processing and be interviewed by a U. S. consular post in his home country in a normal immigrant visa interview. Upon approval, he would be allowed to immediately return to the U. S., and the green card would usually follow within 60 days to your address.
I applied for my husband as an immigrant visa, and there is a Form DS-260, where they ask: "Do you seek to enter the United States for the purpose of performing Skilled or unskilled labor but have not yet been certified by the Secretary of Labor?" When he comes here he will seek for legal job, so would the answer for this question be "yes", or "no". I was thinking the answer is No, because he need work permit in order to work in US. Second Question: Have you belonged to, contributed to or worked for any professional, social or charitable organization?- If he says "yes", does he have to show proof of the organization?
Mr. Lee answers:
The question “Do you seek to enter the United States for the purpose of performing skilled or unskilled labor but have not yet been certified by the Department of Labor?” has no applicability to family-based cases, and the answer is “no”. To the 2ndquestion of whether your husband will have to show proof of the organization if he belongs to, contributes to or works for any professional, social, or charitable organization, he might only have to show proof if it was an organization of concern to the United States government. Otherwise belonging to a club or union or church, etc., would not require a showing of any proof of what the organization was about.
No Birth Certificate for Green Card
I am applying for a green card under EB1 category but neither me nor my wife have birth certificates. What are the alternates for me and my wife if we do not have birth certificates available? We both are from India.
Mr. Lee answers:
I would suggest obtaining any secondary evidence that you can of your births including old schooling records, census records (if available), certificate of nonavailability of birth records from the registrar of the place of birth, and 2 affidavits of birth by individuals who would know the facts of your births. The affiants should be at least 8 years older than the persons for whom the affidavits are being prepared.