1. How Do I Add My Relative’s New-born Child in The I-130 Petition?
I am a USA citizen and filled an I-130, Petition for Alien Relative, to petition my brother to the USA in 2006. My brother had a new-born daughter in 2007 after submitting the I-130. How to add the new-born child to the I-130 petition.
Mr. Lee answers:
Since U.S.C.I.S. generally does not take nine years to adjudicate an I-130 relative petition, I will assume that the petition is already approved and the file is at the National Visa Center, which can be described as the halfway house between U.S.C.I.S. and the consulate. I will further assume that you have already received some information from the National Visa Center giving you the case number at the agency. You can use that case number and the address on the paper to notify it that your brother has a daughter. You should also enclose a copy of her birth paper.
2. Applying for Naturalization Almost 3 Years After I-601 Approval and Green Card.
My husband was convicted of a CIMT (Crime Involving Moral Turpitude) 12 years ago. We already went through the I-601 process… he was approved, and has had a green card for almost 3 years now (by marriage to USC). He was not able to complete probation for that old crime until he entered with a Green Card and has had that probation completed for almost a year now. We want to start the naturalization process but I know about the 5 years of good moral character. Does that count from the time of his actual conviction or from the time he completed the probation for it?
Mr. Lee answers:
Neither of your dates are correct. Good moral character starts not from the time of actual conviction nor the time that he completes probation, but from the time of the commission of the crime. As the CIMT was committed 12 years ago, he has satisfied the period of good moral character for the crime if you wait the full 3 years before making the application. I do note that depending upon the seriousness of the CIMT, a naturalization examiner can still consider it for purposes of good moral character.
3. ETA Form 9089 – Question
I entered the date in dd/mm/yyyy format in Date Signed section of approved FORM 9089. Can i correct it by striking and and writing new date with my initials?
Mr. Lee answers:
While the Department of Labor does not wish anyone to make any changes on the 9089 form while it is being processed, that prohibition against making changes does not apply once the form has been approved. If you made a mistake on putting in the date of signature on the approved form, you can strike it and write in a new date with your initials as you suggest.
