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Sunday, 14 September 2008 |
IMMIGRATION Q & A
Question: I have a question about marriage immigration. I’m an American citizen who was married for 15 years to my former wife who was from Trinidad and we filed all her immigration papers and got her Green Card and citizenship many years ago. We divorced several years ago and I have been dating a wonderful woman from Jamaica. We plan on getting married soon. My question is since I have already sponsored my former wife for her Green Card and Citizenship, can I still sponsor my new wife once we are married? Is there some kind of law against it?
Answer: Generally, any qualifying U.S. Citizen or U.S. Resident can sponsor family members, including a spouse for immigration benefits. There is no law which limits how many times a citizen or resident can sponsor a spouse or other family members. The only issue in marriage immigration cases involves whether or not the marriage is real. Long term marriages are generally viewed by USCIS officers as real. Former, shorter marriages, may be scrutinized more carefully, for instance, in cases where the former marriage barely lasted long enough for the foreign spouse to obtain permanent residency, then divorced immediately thereafter. However, in any case where a U.S. Citizen has sponsored a former spouse for residency, in addition to the documents required to prove the validity of the present marriage, it is wise to be prepared to show evidence that the former marriage was real, including joint bank accounts, tax returns, Deeds to properties or birth certificates for children born during the marriage.
Question: I just got my Citizenship recently and it is my understanding that my two children (ages 11 & 13) who are both residents and reside with me automatically became citizens. But I did not receive a Naturalization certificate for the children when I got mine at the ceremony. The officer said that I would have to apply to have Immigration issue the certificates to each of my kids. Is that true? That does not sound right to me.
Answer: It is true that children who are U.S. Residents, under age 18 automatically become U.S. Citizens once their parent is Naturalized. However, the children do not automatically receive Naturalization Certificates. In order to obtain actual certificates of citizenship, you must apply for the certificates. It could take up to one year or more to receive the certificate and the filing fee alone is $460. You can also obtain U.S. Passports for the children. Go online to the State Department passport website at: http://travel.state.gov/passport.
Question: I would like to know how long would it take for me as a Jamaican Citizen to get a work permit and then green card after marrying my U.S citizen fiancée. I’m here in Sunrise now on a Tourist visa, which expires in Dec. Once we get married, can I file my papers here and continue live in the U.S without any problems after my I-94 card expires in Dec? Can I get my work permit and green card while I’m here without having to go back to Jamaica to wait?
Answer: As long as a foreign national enters the U.S. legally (with inspection and receives an I-94 card), once married to a U.S. Citizen an application for adjustment of status to a U.S. Resident (Green Card) can be filed, along with a request for work authorization and if qualified, a travel permit. You can remain in the U.S. to wait for your residency here and are not required to return to Jamaica to wait for processing through the Embassy. It generally takes about three months to receive your Work Authorization, and about three to four months for the travel permit (called “Advance Parole”). Residency interviews are scheduled very quickly in Miami, about five to six months or so from the time the application is filed. Once you receive the Work Authorization document, you can apply for a Social Security card at the Social Security Administration and will receive the card in the mail in approximately two to three weeks. Also be aware that once the application for residency is filed, you cannot leave the U.S. until you have been issued the Advance Parole (travel permit).
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Immigration 
