Q&A’s published on Lawyers.com and the Epoch Times on May 1, 2020 1. Passport Application Needed Custody Papers 2. Wish to Change Status 3. Fiancé didn’t file Taxes, Will that be an Issue When I Sponsor Him for a Green Card?

1. Passport Application Needed Custody Papers

I’m in the process of getting a US Passport, but need custody papers to prove my US Citizen father had custody over me when I was a child. My parents are unmarried and I’m currently 22. What should I do?

Mr. Lee answers:
In looking at the law where a child is born out of wedlock to a US citizen, I assume that your father fulfilled the physical presence requirement in the US prior to your birth, and that a blood relationship has already been established. Other parts of the law appear to require that your father agreed in writing to support you until 18 years of age, and while you were under 18, you were either legitimated, your father acknowledged paternity, or paternity was established by court adjudication. You may wish to focus on those other aspects of the citizenship law.

2. Wish to Change Status

Girlfriend and child moved here from Ireland in January 2016. We married in March 2018. I wish to file for green cards.

Mr. Lee answers:
I assume that you are a US citizen and the child was under 18 on the date of your marriage. If so, you could file for them with a concurrent I-130 petition for alien relative and I-485 application to adjust status to permanent residence. Other paperwork would also have to be supplied such as your affidavit of support on form I-864 with proof of financial viability, their birth papers, your marriage paper, proof of US citizenship, and dissolutions of all prior unions on either side. Required medical examinations can be done now or presented at the interview. Generally speaking, you could expect an interview in approximately 10 months to a year.

3. Fiancé didn’t file Taxes, Will that be an Issue When I Sponsor Him for a Green Card?

I am a US citizen getting married to a Mexican national in Mexico. He came to the United States twice on work visas each for about 6 months. The first time he filed taxes but the second time he did not.

Mr. Lee answers:
I do not see your fiancé’s tax filings being the focus of his marriage based green card application. The focus is usually upon the bona fides of the marital relationship and other grounds of inadmissibility.