IMMIGRATION TIP

Family immigration applications filed with the USCIS are best sent with Money Orders purchased at your local bank, rather than at a convenience store. Although the USCIS accepts all types of money orders and personal checks, there are ways to be proactive when filing such important applications to avoid any problem issues. With personal checks, if a calculation mistake is made in an individual’s personal bank account (happens to all of us!) and the check does not clear, the USCIS could suspend processing of the application until a Money Order is received along with an additional $30 fee. When that happens the USCIS can suspend case processing until the filing and return check penalty fees are paid.

However, if you do use your personal check, be sure checks are properly completed including signature, correct date, type of form applied for in the memo section and that they are made payable to “US Department of Homeland Security”.

It is always safer to use Money Orders, since money orders are like cash and there is certainty that whenever the USCIS deposits the money order, the funds will be available. And remember to keep a copy of each Money Order sent with your forms. Then, if for any reason you do not receive a USCIS receipt for one of the forms you filed within 30 days, be sure to go to the bank where you purchased the Money Order and get a copy of the “Cancelled” Money Order which will have your Case number typed in on the back, starting with MSC. This is in contrast to money orders purchased at convenience and other type stores, where it can take much longer to receive a copy in order to determine your USCIS case number. Good luck!

IMMIGRATION Q&A

A minor child of a U.S. citizen who turns age 21 is still considered to be a child, as long as the I-130 petition is filed before the child turned age 21

Q: Hi, I am a naturalized U.S. Citizen since 2005 and I have a 20 year old son going to college in Colombia. I filed a family petition for him recently and just received the immigration receipt. The problem is that he will be turning 21 in Dec 2008 and I’m afraid that he won’t be able to immigrate since he will be over 21. The petition has not been approved so far, I’m so worried because people keep giving me different advice and I want to find out if there is any other solution. Thank you so much.

A: No need to worry! When a U.S. citizen files an I-130 family petition for a minor child (under age 21), it does not matter if the child turns 21 or more before he or she immigrates. The only thing that really determines whether the child qualifies as an “Immediate Relative” is that the child is under 21 AT THE TIME OF FILING. So, for example, even if the USCIS really makes a big mistake and loses the case for a while and the case does not get approved until the child is 25, the child is still considered to be a minor for the purposes of immigration status.

“Immediate Relatives” are not subject to visa availability (like other family relationships determined by “Preference” categories), since there is always a visa available for an “Immediate Relative”, who are Parents, Spouses and minor children under age 21 (at the time of filing) of U.S. Citizens.

Spouses who obtain green cards through marriage to a U.S. citizen may apply for naturalization earlier than other permanent residents

Q: How long does it take to apply for U.S. citizenship after getting a Green Card through marriage?

A: Most Permanent Residents have to wait 4 yrs and 9 months after becoming a Permanent Resident to qualify for US Citizenship. However, the law gives special consideration to spouses of US Citizens. If you have been married to the same U.S. citizen for at least 3 years, and your spouse has been a US Citizen for at least 3 years, you are eligible for citizenship 2 yrs and 9 months after you become a Permanent Resident. This is also true even if your I-751 to remove the conditionality of your Green Card has not been approved yet, however, in practice, it is best to wait until the I-751 is approved before proceeding to file for Naturalization. Otherwise, both the I-751 and Naturalization petitions could be delayed in processing.