Published on Lawyers.com and the Epoch Times on April 28, 2017
Q & A.
My Mother-in-law Is Having Medical Issues That Require Surgery. How Can I Get Her Here Quickly to Help Here With My Medical Insurance?
Mr. Lee answers:
Your mother-in-law may apply for a B-2 visiting visa and such could be given in the discretion of a US consular officer. You might be able to help by providing whatever documentation you can that she would have her medical bills covered once she is here. She may also have to convince the US consular officer as to why she could not obtain the appropriate surgery in the Philippines, which is not to my knowledge a medically backward country.
My Fiancé of 9 Years Is Here Illegally. How Can He Become a Legal Citizen?
Mr. Lee answers:
If you are a US citizen, you marry him, and he entered the US legally and has no disabilities, e.g. fraud, immigration proceedings or crimes, you could apply for him on form I-130 petition for alien relative, he could adjust to permanent residence on form I-485, and after he has held the green card for three years, he may be able to apply for US citizenship as long as he has lived with you constantly for the three-year required period of residence after being awarded the green card. If he did not come into the country legally, he might still be able to obtain permanent residence under the I-601A program if you are a US citizen, petition for him under form I-130, and he applies for and is approved for an I-601A waiver which is based upon extreme hardship to you if such cannot be granted. If he is approved for the waiver, he would then go overseas for an immigrant visa interview which would in all likelihood be quite normal in its nature.
I’m a Legal Resident, Have 2 D Felonies Non-Violent and 2 Misdemeanor for DWI Only, I'm Married to a Citizen. Can I Still Become a Citizen After 5 Years?
In total I have 4 DWIs in a 10 years span. On my 3rd and 4th DWI I was sentence to 1-3yrs in state prison in NY witch I did 1 1/2 in prison, I come out because I made parole. I'm on parole right now for the next year and a half. All my DWI's it has been because I was sleeping in the car, never got caught driving it. I have been in the US since 1988 (28yrs), I am 35yrs old, almost my whole life I've been here in the US. My mother is a citizen, but she become a citizen when I was 21. I got my resident when she petition me on her residence years, I was 13 years old, my brothers and sisters are too citizens. I have a 12 year old son born in NYC and I'm married to a born US citizen. I've been paying taxes since 1998. Can I still become a citizen after 3 or 5 yrs? And should I apply for citizenship after 3 or 5 years.
Mr. Lee answers:
U.S.C.I.S. would not naturalize anyone who was on parole. With your record, you would probably also have to convince Immigration that you have reformed even after your parole has ended for an officer to consider your case favorably. Perhaps a longer period of time to show reformation (5 years after your last offense) would be appropriate before you attempt to apply for naturalization. Good works would also be helpful such as volunteering in halfway houses, soup kitchens, churches, donating blood, etc., to show that you have really turned over a new leaf.