I have had an alien card since entering this country in 1958 from England. However, about 5 years ago I spoke with an immigration attorney who told me I was in fact a US citizen. My parents were both born in England, but first entered the US in 1948, and my father became a naturilized US citizen. A few years later my father and mother returned to England, where I was born in 1954 and in 1958 returned to the US with me and my twin. According to this attorney, if you entered the US before 1960 and one or both parents were already citizens, you are automatically a citizen. Is this true?

It could be possible, because for nationality purposes one looks to the law in place at the time that the event most relevant for citizenship took place or occurred. Thus here, we look to the law in place at the time you were born and when your father became a citizen. The answer to your question probably depends upon the number of years your citizen parent spent physically present in the United States. Was your father physically present in the US for 10 years before you were born, at least 5 of which were after he reached the age of 14? If this is answered affirmatively, then we could analyse it more to determine whether you did, indeed, derive US citizenship through your father. However, without more, it is unclear at this time and I cannot answer your question fully.

I HAVE APPLIED FOR MY CITIZENSHIP STATUS. I HAVE BEEN HERE SINCE 1992. MY FINGERPRINTS HAVE BEEN DONE.I RECEIVED A LETTER STATING I`LL BE CALLED FURTHER. BUT I DON`T KNOW HOW TO GO ABOUT IT. MY "NATURALIZATION DOCUMENT NO. "IS A#:A042885603".
PLEASE HELP ME ASAP.
THANKS.

When and where did you apply for your naturalization? If the INS notice says that you will be called for an interview, perhaps you are just waiting in line for the INS processing to be completed.

i applied in the month of november 1999 from new jersey. this is long is the time taken for the procedure or this is longer than usual.
i gave fingerprints twice, latest was 40 days back.
do guide me.
thanks for UR advice.
pratima patel

There is no reason to be worried. Your case is most likely being processed normally. Fingerprints are usually valid for one year, so you shouldn't have to have them taken again. You should wait to receive INS notification of your naturalization interview date.

I AM AN H1 VISA HOLDER MARRYING A GREENCARD HOLDER GIRL. WOULD THE IMMIGRATION PROCEDURE FOR THE GREEN CARD TAKE THE SAME TIME IF I WERE IN INDIA, THAT IS 4 YEARSOR I`LL BE ALLOWED TO STAY HERE EVEN MY H1 EXPIRES AFTER 18MONTHS.
OR ELSE I`L HAVE TO FILE FOR H1 EXTENTION AFTER MY MARRIAGE REGISTRATION ALSO.
SUJOY CHAKRABORTHY

The visa number backlog for spouses of green card holders is currently more than four years. The wait time is the same, whether you are here or in India.

You should extend your H-1B for as long as possible. Once your marriage petition is approved and the priority date is current, you can either process for an immigrant visa in India or you can file your adjustment of status, work and travel authorization here in the United States.

Is it true that the child born on US soil is automatically a US citizen even though his/her parents are not?

In most cases, yes, that is true. Even if the parents are illegal, under current U.S. law, a child born in the U.S. is automatically a U.S. Citizen. One exception is for foreign diplomats who give birth to children in the U.S.

We are an Indian couple, both are awaiting I-485
approval. We have valid EAD and Advanced Parole.
We had a daughter born to us in July. We are
planning to get her an indian passport. (Indian
govt. allows that). Will she face problems in
reentering US or is birth certificate enough to
reenter US. ?

I have been living in the US since 1991.
I have a H-B1 visa .
My Question is the following:
If one stays over a period of 10 years
can he simply apply for a citizenship?

Dear Anonymous:

Other than a very few exceptions, to apply for US citizenship you must first become a lawful, permanent resident of the US.

The mere fact that you have resided in the US for 10 years or more does not automatically qualify you for residence. There is a provision in US immigration law, called "Cancellation of Removal" , which provides that removal (deportation) may be cancelled if the alien is deportable (so if you are in valid status, you do not qualify), has been physically present in the US for at least 10 years, has been a person of good moral character during that period of time, has not been convicted of certain criminal offenses, and establishes that removal would result in EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP to the alien's spouse, parent, or child, who is a citizen of the US or an alien lawfully admitted for permanent residence.

If you believe that you meet the above requirements, then you should contact a immigration law attorney to assist you with your case, as these matters are quite difficult and complicated.

If you are still in H-1B status, there may be better ways for you to qualify for permanent residence, and these can also be explored with your attorney. Good luck.

I was born in Canada to a U.S. citizen in 1945. I was brought into the country without papers of any kind being filled out. I was told to file with div. N-600 of Chicago and gave them all the infomation I could find about my mother. Their response was that I do not have enough proof of my mothers residence in the U.S. for the required number of years before and after the time she lived in Canada.
Why could I not be granted naturalization just by the fact that she is my mother and a U.S. citizen?
I have been trying to get this mess straight for at least five years and would like to get it over with.

Dear Mr. Harris:

Unfortunately, Section 301 of the Immigration and Nationality Act controls in your situation. That section of law provides for automatic citizenship in the case of, "a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years".

Therefore, you must establish that your mother met the residence requirements. The only exception would be if your mother served in the US government, the US armed forces, or certain international organizations. You should do your best to try to locate documentation to satisfy proof of residence. Good luck.

From Richard Harris in response to your findings of my case sent Nov. 26th. In your reply you stated a quote from Section 301 "a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years". The problem is BOTH of my parents Were born in the United States. I was the only one born in Canada. How can I now claim U.S. citizenship? Yours truly confused Richard Harris.

Dear Mr. Harris:

Sorry for the confusion, but your question did not mention that both your parents were citizens.

Section 301(c) of the Immigration and Nationality Act provides that the following persons are considered citizens at birth: "a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person".

If either of your parents can establish that they resided in the US prior to your birth, then you should be granted citizenship. Best wishes.

Under the newly signed "Child Citizenship Act of 2000", it appears that a child of a citizen parent, under certain conditions, may acquire U.S. citizenship automatically as of the effective date of Febraury 27, 2001.

If an individual can satisfy the same conditions to have existed prior to the effective date, can that indiviual then claim citizenship as of the effective date?

Is the law explicit about this or is there any room for interpretation?

Dear Anonymous:

You raise a good question, since the law is ambiguous in several areas. We would suggest that you wait for a while to see what type of interpretation is issued by the State Department regarding its implementation.

As soon as we have more news it will be immediately posted to our web site. Stay in touch.

when i tried to apply for my childrens passports (they were born abroad in 1989 and 1991) at the US embassy, i was told that at that time i had not completed the residency requirements to pass citizenship onto my children. (they took my husbands nationality-jordanian) i ws told that i had to have lived in the US for 12 years+2 years after the age of 12. at that time i had only lived in the US up to the age of 12 and left the country. my children had to go through the immigration process and obtain green cards before i could bring them to the US. now i know the law has changed. my children still have their green cards and i want to apply for their naturalzation (my husband has had his interview and is awaiting his appoinment for taking the oath. but my childrens green cards were stolen along with my wallet two years ago. i didnt think id need them to have their citizenship granted. 2 questions:
1. can my husband still become naturalized without submitting my childrens green cards.
2. must i go through all the replacement procedures for their green cards, or can my children, according to the newer more recent laws, be granted citizenship?

Dear Anonymous:

Yes, your husband can be naturalized without submitting the children's green cards. Also, if your children qualify for citizenship under the recently enacted Child Citizenship Act of 2000, they can apply even though they have lost their green cards. You do not have to first file for replacements, although it would be a good idea to do so, just in case they want to travel while the process is taking place. Good luck.

Which is shortest waiting period to petition a spouse living in the US to obtain permanent residene. Currently im green card holder and will be applying for Citizenship this August.I need your opinion whether to apply now or later when i become a citizen . it is my understanding that if a apply now as a green card my spouse has to wait more than 4 years to apply adjustmnet of status when priority date is curent.My spouse will be out of status by the time i become a citizen . your opinion is important.

Dear Anonymous:

Without knowing all the facts of your wife's case, it is our opinion that it is best for you to file the visa petition for your wife right now. Then, when you become a citizen, the petition is automatically converted to the immediate relative category, and she can file right away for permanent residence.

Even if your wife is out of status when you become a citizen, if she is in the US and otherwise eligible, she will be able to adjust her status in the US if you file the petition on or before 4/30/01 (even if she entered the US illegally). If you don't file the petition by that date, she will not be eligible to adjust if you do not become a citizen, or if she entered illegally. Good luck.

My fiance and I are both on H1B visa and both applying for employment-based greencard individually. It seems his process is faster than mine, and I am not sure whether we should get married and file the I-485 jointly because of the following concerns. Would you please kindly answer my questions below? Thanks.
1) If I get the greencard thru my spouse's application, will I be eligible for naturalization after holding the green card for five years?
2) If my green card is sponsored by my own employer, is that easier for me to pass the naturalization interview? Or it doesn't matter whether I get it from my employer or my spouse's?
3) I heard that INS is pretty tough and may turn down the naturalization application if it finds that the applicant left his/her sponsoring company shortly after obtaining the green card? To prevent this, how long should I be staying with the sponsoring company after getting the card?
4) If I obtain the green card because my spouse's application is approved, am I free to change job after getting the plastic card without hurting my future naturalization application?

Dear Ms. Wang:

We will answer your questions in the order that they were asked:

1. Yes. You can apply for naturalization 5 years after obtaining permanent residence.

2. It makes no difference. It will still take 5 years, and the process is the same.

3. If you acquire permanent residence through an offer of employment, it means that you intended to work for that company after you obtained the green card. However, if you leave the employment, no matter when, it will not be a problem if there was no fraud in the application process.

4. If you obtain permanent residence as an accompanying alien, you could change employers at any time since you are receiving residence by virtue of your relationship to your spouse, not through employment.

Good luck.

Hello,
I was born in 1981 in Panama City , Republic of Panama. My mother is US citizen and both my grandparents are US citizen. My mother tried to file my citizenship when i was born, but she did not live the required years in the US.
In 1994 i recieved the green card. For religiuos reasons i studied on a boarding school abroad. Currently I am a senior in college in the US. How can i file for citizenship? Can i recieve my citizenship retroactively with the Child Citizenship Act of 2000? Do i need to comply with the 30 months requirement? Can i have absences totaling more than one year in the 5 year period, being that i was studying abroad? Can my grandparent file for me the certificate of citizenship? I will be 21 on May 2002. What should i do? Thanks

Dear Anonymous:

Initially, the Child Citizenship Act will not apply to you because you were already over the age of 18 when it went into effect.

From the information you have provided, it appears that you will have to qualify for naturalization just like anyone else. In other words, you must have been a permanent resident for 5 years; you must have been physically present in the US for 2 1/2 years out of the past 5, and you must not have been outside of the US continuously for more than one year within the 5 year period. If you meet these requirements, then you can file. Good luck.

Thanks for answering my previous question. I have a small problem, I lost my passport (while in the U.S.) and I am in the process of getting a new one in the consulate. Do you think this will be a problem when proving my 30 mos. physical presence requirement? Would they need to check stamps from other countries in my passport or will INS be fine with my entries to the U.S. in their computer?

Dear Anonymous:

If you have good evidence of your presence in the US, then you do not need your previous passport. However, if you do not have strong evidence, such as tax returns, bills and receipts, steady employment, etc., the fact that you do not have your passport could lead INS to believe that you purposely have failed to produce your passport, because it would indicate that you have been spending excessive periods of time outside of the US. Good luck.

Would going to a university for three years time, a lease of my college apartment, credit card receipts or statements, etc be enough evidence? I do not work, because I'm a student. And before going to college, I studied abroad in Latin America, however I spent my summers in the U.S.
Do you think that is enough?

Dear Anonymous:

We presume from your question that the university you attended for the past three years was in the United States. If so, then you have good evidence for the past 3 years. As for the two prior years, you were probably not in the US for significant periods of time. Therefore, you will have to establish to the satisfaction of the INS officer your periods of physical presence in the US, as well as your intention not to have abandoned your permanent residence status.

Since you do not have a passport for that period of time, this may make your case more difficult. Good luck.

Hello,
I was wondering if INS has any stipulation about the applications for immigration that come from a Foreign Service National (State Dept.)? Would a person like that have more chances to immigrate than any other applicant? thank you in advance.
All the best.

Dear Anonymous:

The way we understand your question, you are employed in the State Department of a foreign country. This fact will not permit you to acquire US permanent residence status more quickly. You will have to qualify for an immigrant visa in the same way as any other person applying from your country. Good luck.

I was out of country for 7 month and 2 weeks for my internship in South Korea after graduating college in US. After came back I filed N400.I don't have any evidence that I was keeping touching with US, but my mother in the States who got her citizenship 3yrs ago.(and bank with around $50.00 and one time payment of student loan which was amount of $900.00..no tax return during the time because i earned less than minimum income for requirement of filing tax return) Do you think that I have to wait for another 4and 1/2 years to get citizenship? my interview is next month..

Dear Jaykim:

You should be all right. You just have to show that you were out for that period of time in order to complete an internship for a US company. However, you do have to show that it was always your intent to return to the US following the internship, and that you intend to continue to reside in the US in the future.

For the type of evidence that you will need to present to prove those points, we would suggest that you speak with an immigration law attorney. Good luck.

Can a child born in the US be able to petition her parents to at least legally work or study in the U.S.A to raise and support her?

Dear Anonymous:

A US citizen child can only petition for the parents once the child reaches the age of 21. Good luck.

Hi
I came to america on F1 status in 1991 then I went out of status in 1993 and then got married to GC holder in 2000 last yr submitted Form I130 for me and now my wife is applying for her citizenship and N-400 form asks about spouse's status and A number we r not sure how to answer this question correct.
Thanks in Advance

Dear Anonymous:

She should answer the question truthfully. Just state that you are an F-1 out of status and if you have an Alien # list it. INS will not go after you. As soon as your wife becomes a US citizen, you can file for adjustment of status. Good luck.

If a person committed a crime and serve his time in the United States prison then got deported to south american but on the expense of the family. Is that person allowed to ever visit the U.S. ever again? Most of the family members live in the U.S. and all are U.S. Citizens.

Dear Anonymous:

You may be able to visit again, but you will most likely have to remain outside of the US for a specified period of time, or you will need a waiver before you can re-enter. Also, the waiver requirements are different for those entering as non-immigrants from those entering as immigrants.

In order to give you the proper advice in your case, an immigration law attorney will need to know the exact crime of which you were convicted, the amount of time that you served in jail, and the immigration status of any family members in the US, who may help you qualify for a waiver. Good luck.

Hello, my question is as follows: I was born in Mexico, 1972. With my parents and two sisters we came to the USA a second time on green cards aquired by the birth of my younger sister in 1974 while living in NY. We have lived here since 1978 when the green cards were issued.My father first aquired his Citizenship in 1984, when I was 12. Now I am 30 and have been a permanent resident since 1978 and want to become a citizen? What forms do I use N-400 or N-600 or can I apply for a US passport? Did I aquire automatic citizenship from my father? Thanks for your service and help.*********

Hello, my question is that I am an H-1 visa holder and got registered my self under Special Registration during earlies of this year. Should i have to re-appear before the Registering Authority of INS the next year.

Hi
I have my citizenship interview 7.15.03.Everything went ok -I past the test of English and US history, but they also needed the copies of my and my wife tax returns and copy of my wife drivers licence.I send it within 5 days and still waiting for the decision. Is it usual to wait that long? should I go there and complain?

Mr. H-1 Visa Holder!

You don't need to re-appear for the registration. The Program has been canceled by the DHS.

i am an FSM(FEDERATED STATES OF MICRONESIA) citizen. i plan to move to that United States and i was wondering if i needed a greencard to travel?

Hi! I am currently a tourist visa holder and is presently in the U.S. My mom is a U.S. citizen who filed a petition to change/adjust my status to permanent resident. Can I stay in the U.S. and get a temporary work permit while the petition is pending. Thanks a lot!

HI I WAS BORN IN SCOTLAND IN 1965, MY FATHER WAS AN AMERICAN SAILOR, MY MOTHER SCOTTISH. MY FATHER AND MOTHER NEVER MARRIED, BUT MY FATHER DID SIGN MY BIRTH RECORD AND IS ON MY BIRTH CERTIFICATE. I ALWAYS TOOK FORGRANTED I WAS AMERICAN I CAM HERE IN 1985, GOT MARRIED - DIVORCED AND HAVE LIVED AND WORKED HERE EVER SINCE.......RECENTLY MY STEPFATHER DIED AND I WANTED TO GO BACK TO THE UK FOR THE FUNERAL, I APPLIED FOR MY AMERICAN PASSPORT, TOOK EVERYTHING IT SAID ON THE INS WEBSITE IE. AFFIDAVIT FROM MY FATHER , MY BIRTH CERTIFICATE, HIS BIRTH CERTIFICATE. I DID NOT GET MY PASSPORT IN FACT I WAS ALMOST DEPORTED ON THE SPOT ( I THINK). THE WOMAN IN THE OFFICE ALMOST FREAKED AND TOLD ME I HAD BEEN HERE ILLEGALLY FOR THE PAST18 YEARS, IS THIS TRUE, NOW I AM AFRAI THEY ARE GOING TO SHOW UP AT MY JOB, OR HOME AND DEPORT ME. WHAT DOES LEGITIMATED AT TIME OF BIRTH BY LAWS OF HIS/HER DOMICILE MEAN......WAS MY FATHER SIGNING MY BIRTH CERTIFICATE ENOUGH OR NOT.......SCARED IN MD.

I was born in America in 1980.My parents who are not American citizens, where in America for graduate programs at that time.I went back with my parents as a toddler.Now i am 24 years and wish to come back to the united states.What process should i take and i would like to petition for my sister.How long will it take for her to get her green card?

I m a green card holder for last 15 years. actually for last 5 years most of time i am spending in india and every 6 month i visit US for retaining green card. Now I want to apply for US passport. what is the law. how can i apply.

I m a green card holder for last 15 years. actually for last 5 years most of time i am spending in india and every 6 month i visit US for retaining green card. Now I want to apply for US passport. what is the law. how can i apply.

I am on a C1D visa working on a cruise ship and my wife is an Alien Resident. We also just had a baby born in USA. So how should I proceed inorder to get a work and live permit in USA?. How long will that process take?. Is there any other means that will temproraily help me with this suituation. Please advice. Thanks.

Hi,

I know someone who has not filed taxes during his permament resident status in the U.S. (about 11 years). He wants to get his citizenship badly, but he has to show tax returns. Unfortunately it's been fear that's kept him from getting another job and getting on the tax books. Is there anything he can do to get around this to get his citizenship? Again, it's not that he doesn't want to pay; his off-the-books job has left him with no money to pay back-taxes, and he's afraid to change job to get on the books because of red flags to the IRS that could jeopardize his legal status.

Also, he has very little money for legal assistance.

Any ideas?

Hi, I went to interview of citizen yesterday. Officer told me that you have a record of arrest in 1998. He ask me to get a police record and court record, mail to his office. I don't known how can I get these doc. I did went to police station and court for some disputing issue in 1998. How this record are going to effect my petition? What is the rule of juge for moral character? "has been a person of good moral character during that period of time, has not been convicted of certain criminal offenses," what is rule of certain criminal offenses?
IS any information or law about INS officer follow negative record? Thanks a lot for your answer.

I am a student engaged to an american citizen, i am on a F1 visa, if we get married what happens to my F1 visa and my remaining studies?? Will I jepadise my studies? Or can I continue after my wedding and will I then be able to work Too?

I entered the US on an F1 visa in 2001. I went out of the US, got married and reentered the US in the end of 2001 while my student's visa was still valid. Thereafter I didn't go back to school and continued my stay in the US with my husband who was a Green Card holder. My visa expired in December 2002. My husband applied for his US citizenship and has been granted one. Now should I apply for my adjustment of status (I-485) concurrently with my husband's petition (I-130) for me? How long will it take for my immigration petition and my application for adjustment of status to be approved?

My parents came to California (USA) back in 1977-1978. Through them, my brother and I were naturalized American Citizens beause we were minors (I was 13 and he was 16) AND we got our American Passports. He just found out that the Army is going to KICK him out of school because HE is NOT AN AMERICAN CITIZEN! HE is SOOOO much American that he bleeds America! Now, my mom told me that about 10 years ago the law changed and he and I will both have to get sworn in and reapply? Here I am holding my American Passport looking at my husband at 32 thinking....AM I an American Citizen. Can someone tell me what happened? I mean to call my brother and alien would literally be foreign. Are we illegal aliens? Are we still foreigners? I feel like Tom Hanks in Terminal. Anyone help with this one....I'd greatly appreciate it.

i'm C1D visa and ind i'm working on the ship but i met one passenger and his inviting me for a vacation for 2 weekes. me question are : how long can i stay in US with my C1d visa and can i apply for B1, B2 visa in Us?

My sister and my brother are living in VietNam. My mom filed the application to get them to the US by Green Card in 1999. Unfortunately, my Mother failed citizen interview in April 2004. How long will my mom have to wait to retake the second time interviewing? Beside that, my Father just passed the US citizen interview. So there is anyway that my father can be a sponsor instead of my mother in the same application? Thanks for your concern.

I entered the US on an F1 visa in 2001. I went out of the US, got married and reentered the US in the end of 2001 while my student's visa was still valid. Thereafter I didn't go back to school and continued my stay in the US with my husband who was a Green Card holder. My visa expired in December 2002. My husband applied for his US citizenship and has been granted one. Now should I apply for my adjustment of status (I-485) concurrently with my husband's petition (I-130) for me? How long will it take for my immigration petition and my application for adjustment of status to be approved? Someone please advice.

Hi,

I am a current green card holder for about 3 years now and I am planning to apply for citizenship as soon as the 5 years continuous residence is met.

In the mean time, I have provided evidence of support (I-894) as a co-sponsor for my parents who were applying for their green cards. Their application was approved.

However, my father also submitted applications for green cards for my brother and sister and we just found out that he has to use the same sponsor and co-sponsor that was used for his application.

Question: If I have on record that I am the co-sponsor for 4 people, will that affect my application for citizenship??

I am applying for US citizenship and was wondering what additional documents I needed to send with my application.I have been married to a US citizen for 6years and was a continues resident for 3years now.I have filled out the form and have 2 pictures and the fee ready to mail out. But I am not certain to what additional documents I should be sending along my application.

Thank you for your help.
Nadi

Hi, i just went to an interview to remove conditional status on my gfreen card.
Unfortunately me and my first husband( through whom i am getting my green card) are divorced, and after a month i got married to a father of my child.

An interviwer asked me if i ahd any kids i told him everything, and then he said well go home and just fax me couple of documents,
after that in 2 hours he called me and said that i applied tooearly.
but i know for a fact that i applied at the right ime,
he said there are might be a problem
then he called me again a week after and interviewd me again OVER THE PHONE!

i have a atorney, he knows about it, but he still itnerviews me over the phone.
i dont know what to do, he told me on the itnerview that everything is fine, but know there seems to be a problem.

the only thing i am worried, is how me and my current husband have met.

other than that it shouldnt be a problem.
it was my exs fault that we a re divorced, my mother in l;aw, and sister in law provided affidavits!

him and i are still very close friends.

I have met my current husband when i was still married , but we were already separated, and
he was overseas looking for a relationship with another women.
i still dont have an answer form ins, and i dont know what an agent doing

he wrote an affidavit as well

please share your story
and advise me if anything should be done
\
sonya