Q&A’s published on Lawyers.com and the Epoch Times – 09/15/2017 1. Immigrant Visas for Father and Stepmother 2. My Citizenship Was Denied. Is It Worth Appealing My Case? 3. How to Apply Student Visas for My 10 Years Old Nephews?

1. Immigrant Visas for Father and Stepmother

I’m a natural born Filipino and became US citizen, Can I apply a petition to my step mother at the same time together with my father? They are legally married before I came in the USA.

Mr. Lee answers:
The rule on petitioning for a stepparent is that the marriage between the natural parent and the stepparent be celebrated before you reach the age of 18. If such was the case, you can apply for your stepmother at the same time with your father. If not, you can only apply for your father.

 2. My Citizenship Was Denied. Is It Worth Appealing My Case?

My citizenship was denied on the basis that my husband and I were not living together. My husband was in the military when we got married.  He came out august 2014 and went to school in September the same state he had worked in. the intention was for me to move to the state he was but then that December I got a diagnosed with a health condition that required treatment 3 times per week. I did not want to burden my husband my sickness and told him to continue with is schooling while I stay in my state and get treatment. We sort of got use to been apart. He did not visit often but we took a vacation couple month ago.

Mr. Lee answers:
I assume that you applied for citizenship on the basis of three years instead of the normal five based on the fact that your husband is a US citizen. The three-year route has a mandatory requirement that you reside together at all times during the three years (short breaks may be acceptable). In your case, you have stated longer than short periods of separation. It would not appear to be worth appealing your case. You should file under the five-year route which does not require that the couple reside together very closely.

3. How to Apply Student Visas for My 10 Years Old Nephews?

I am an aunt wanting to apply for visas for 2 kids under 10 to study in the USA from Mexico.  Do I have a chance?

Mr. Lee answers:
It is difficult under any circumstance for consular officers to give student visas to children under the age of 10 to study in the US. That is because there is less assurance of a finite date for the end to their studies and the return to the home country when the children are so young. It would help if the children are from a wealthy family and you are wealthy yourself.