Q: I got here right here by sneaking throughout the border after which grew to become the daddy of a U.S. citizen daughter. When my daughter turns 21, can I get a inexperienced card by means of her?
A: Regardless of your having a U.S. citizen daughter, you may’t get a inexperienced card simply. Instances like yours present a fantastic instance for why we’d like immigration reform. It is senseless for an individual who has lived right here so lengthy, with robust household ties right here, to should concern deportation.
Since you “entered with out inspection,” it’s essential to return to your property nation for a inexperienced card interview. As soon as you allow the US, the regulation bars you from returning for 10 years. The regulation offers for a waiver, however just for the kid or partner of a U.S. citizen or everlasting resident. So, except you have got a qualifying relative, to get a inexperienced card you’d should be overseas for a full 10 years.
Q: My husband bought his inexperienced card primarily based on his mom’s petition. Nevertheless, his date of delivery on the petition is unsuitable. Can he however turn out to be a U.S. citizen? We each wish to naturalize.
A: Your husband can naturalize with out concern if he certified to get the inexperienced card regardless of the error.
Some inexperienced card classes rely upon an individual’s age. In case your husband bought his inexperienced card in a class for which he didn’t qualify as a result of he had “aged out” of that class, however on the time he certified in one other class, he’ll be tremendous.
My guess is that any drawback would come as a result of some classes have longer waits. Suppose your husband bought your inexperienced card in class A, however he was too previous to qualify in that class. He might need certified in class B, however due to a quota backlog, no visa was out there in that class. That is an issue.
Put one other manner, if the consular officer had recognized his true delivery date, may the officer have issued the visa? If the reply is “sure,” your husband is okay. If not, he bought his inexperienced card unlawfully.
Allan Wernick is an legal professional and director of the Metropolis College of New York’s Citizenship Now! undertaking. Ship questions and feedback to Allan Wernick, New York Day by day Information, seventh Fl., four New York Plaza, New York, N.Y., 10004 or electronic mail to [email protected] Observe him on Twitter @awernick.