1. How Long Does It Take For a U.S. Citizen to Get a Green Card for Her Parents?
I am living outside USA. However, while we were visiting the USA on tourist visa last year my child was born in the USA. I understand that my child can apply for a Green card for me and my spouse once she is 21. Is that correct? How long will it take for us to get a Green Card once my Child applies for us? Few months or several years? Do you see any prospect of a change in this law over the coming years?
Mr. Lee Answers:
Taking into account the time that will be involved when your 21-year-old child petitions for you both on I-130 Petitions for Alien Relative and the time required for National Visa Center (middle point between U.S.C.I.S. and American consulate or embassy) and final consular processing, the timing is currently approximately one year. There is contemplation of change of law that would affect your type of case by doing away with the USC child-parent category. Hopefully it will not come to pass.
2. Can I Reopen My Husband’s I-130 So He Can Apply for the I-601 Waiver Within the U.S.?
He got his I-130 approved in 2008, had an appointment in Cuidad Juarez in 2011(cancelled it), case got closed, got the Consul to reopen it And telling them we were applying for the I-601A. They gave us a year to complete but then our lawyer at the time said he didn’t qualify because he already had an appointment before and as of now his case is closed.
Mr. Lee answers:
The prohibition upon applicants participating in the I-601A program if they had a previous immigrant visa interview has been rescinded, and your husband is now eligible to apply for the benefits of the I-601A program. You can check with the American Consulate in Ciudad Juarez to see whether the case is still viable. If not, you would have to file a new I-130 petition and wait for that to be approved before filing for the I-601A waiver.
3. I Have a Conditional Green Card Through Marriage, Which Ends This June. Recent DUI Charge Was Reduced to Reckless Driving.
I need to apply for a permanent green card. I recently got DUI, which was reduced to reckless driving on my record. Now I am afraid the government will decline my removal of conditional green card. I have 2 kids and a family. Do I need a lawyer to help?
Mr. Lee answers:
Reckless driving would not be a bar to removing the conditional basis of your residence status. Whether you wish or need an attorney’s assistance with your case is up to you. In our experience, some people seek assistance for naturalization cases even though there are no issues and their English is fluent while others decline to use attorneys even when facing removal proceedings.
