ISSUE-             MAY 4, 2006 - MAY 10, 2006

THIS WEEK’S IMMIGRATION QUESTIONS: 

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

Answer:   jost Permanent Residents have to wait 5 years after becoming Permanent Residents 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 years and 9 months after you become a Permanent Resident. This is true even if your I-751 to remove the conditionality of your Green Card has not been approved yet.

Question:    I have a question. I am in Miami working on an H1B visa. If I get married, will my wife be able to attend the university on an H-4 visa or does she have to obtain an F-1 Student visa, I’m confused about that?

Answer:  Your wife, as an H-4 dependant is permitted to study and does not need to obtain an F-1 Student visa.

Question: I'm in the process of getting married and also want to apply for the citizenship. How can I change me name to my married  last name?. In the citizenship form there is an option to change names. Should I use this option or should I apply normally and when the interview comes present my marriage certificate? How does this work?

Answer: Use your current name as it appears on your Green Card for the main information in the application, then list the new name in the section for name change. At the interview, the officer will ask you to confirm that you want the name change. Note, however, that it may take a few extra months for your swearing in ceremony, since you must go to a special ceremony before a judge for the name change. Actually, you can change your name and use your married name by taking a certified copy of your marriage certificate to the Driver’s License office and obtaining a new driver’s license. Then once you obtain your naturalization, when you are applying for your passport, simply include a copy of your marriage certificate and naturalization and request the married name to be put on your new U.S. passport.

Question: I had an L-2 as the wife of an L-1 and we obtained our residency because my husband is a multinational executive, so  my husband, myself and our children all received our U.S. Residency stamp in our passports this past January 2006, but I didn’t receive my actual  “Green Card” yet. I am planning to proceed with a divorce from my husband. If I don’t receive my plastic green card can my divorce cause me any trouble? Can my husband send any letter now that would  cause any problem in getting my card? How much time does plastic card normally takes? 

Answer: If you have the I-551 stamp, that is the legal equivalent of having the physical green card. The main difference is that one is valid for a year and the other is valid for ten years. Since the green card was not based on a marriage to a US citizen, it is not  “conditional” and a divorce would not have any impact upon your residency.

The card processing times to receive the actual  “Green Card” in two to four months. Congratulations!

Question: I am a U.S. Citizen and recently filed a green card petition for my mother. My mother has my  little sister (11 yrs old) living with her in Trinidad. How can I get my little sister to come with my mom? Can I file for them separately? 

Answer: Unfortunately, this is a common question and a problem with no easy solution. Your mother's minor children (your sister) is not entitled to come in as part of the same petition. You have a couple of options, none of which are likely to be what you want to hear: 1. File for your sister separately as your sibling (and wait the 12+ years for the priority dates to become current), 2. Have your mother enter as a permanent resident and then re-file for your sister after that (and wait several years on those cases to become current),3. Have your mother enter on a non-immigrant visa (like H-1B work visa) and bring your sister as a dependent on an H-4 (assuming your mother could qualify for a non-immigrant visa which may be a big assumption),4. Apply for an F-1 student visa for your sister for private school.