Post Questions to US Immigration Attorney Nadine Brown

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Mitytone,

Well, if you aren't physically living in the US it is difficult to demonstrate that you have allegiance to the US and call this your permanent home. If you were leaving to work overseas for a US company or the US government then there are ways to preserve your residency for citizenship purposes regardless of your length of stay abroad. You should have investigated this prior to your departure. You have to file form N-470...otherwise, your only option is to re-establish domicile in the US by moving back. Paying taxes is one example of an unrelinquished domicile, but is not proof positive that you are "living" in the US. But what would happen if you didn't pay your US taxes and thought you were coming back here to live or visit using your Green Card...you would most likely be jailed, so there are responsibilities and requirements to maintain and sustain residency and to achieve citizenship. If you want you can always abandon residency in which case you give back your green card and don't have to pay taxes, but you won't get to come back whenever you want either...you would have to start the process all over again and remember a Green Card is a privilege not a right.

[schultz]

Re: Post Questions to US Immigration Attorney Nadine Brown

Welcome and thanks for answering our questions Ms. Brown.

I am an American Citizen and want to go to Jamaica and stay for 6 months. Are there special papers I need to complete in order to do that? I hear immigration is only allowing 3 months now. Thanks.

[7777]

Re: Post Questions to US Immigration Attorney Nadine Brown

Thanks Ms Brown.

anooder question deh.. [img]/forums/images/graemlins/70409-waytogo.gif[/img]

I have a cousin, who came up here for six months on a 10 year multiple.
She overstayed her visit by three weeks, because I became extremely ill, had young ones, and needed her help.
I petitioned de US immigration services for her extension, and paid the necessary fees.
I was granted an extension for the three weeks, in which they said that she had to leave the country by this and this date. They sent it on official letterhead this approval.
She leff the one day before the date .
Anyhoo..
When she got home, her ten year was up and she had to renew the multiple, but was denied.. because she supposedly *overstayed* on her visit.. [img]/forums/images/graemlins/blush.gif[/img]
Of course, she didnt have the US letter that I gave her at the airport, but I kept a copy..
It has been years now...(about 6 years) and she is afraid to go with the letter (the copy that I sent to her) to immigration in jamaica. [img]/forums/images/graemlins/blush.gif[/img].
What can I do for her from this end?

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Leonie,

You can possibly do a Letter of Invitation...see response to Queenb. Or depending on nature of relationship there are other possibilities

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Bigblue,

You are very likely to get a visitor's visa from US Embassy in Kingston if you have a letter of invitation and you can demonstrate to an officer that you will most likely come back to Jamaica. You do this by providing documentation of property in JA and a job and in some instances family ties. The issuance of a visitor's visa is discretionary, they don't have to give you one because so many people abuse the system. But if you present yourself in a professional manner and can satisfy the perception that you are not likely to get the visa, come to America and stay, you will most likely get one...partly it is about attitude and presentation.

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Hi Simmi27,

If your sister lost her permanent resident card, she can apply for a replacement online or by mail. The process can take up to 6 months. If she is eligible for naturalization then she can apply for naturalization, by mail and in the meantime wait for the renewal of her Green Card. OR if she wants proof she is a resident while waiting for the Green Card, or while applying for naturalization she can get a temporary stamp in her passport provided she has a copy of the receipt for the application she filed.

So to answer your question, she can apply for naturalization whenever she is eligible provided that she has proof she is a resident and meets all the other requirements of naturalization.

[7777]

Re: Post Questions to US Immigration Attorney Nadine Brown

One more question..from a friend..


I have a problem with regards to getting my husband in the USA and I need some advice. I have permanent resident status and I have been here in the USA since May 2004. I filed for him in Nov 2004 after I came up. I filed in Vermont.
I havent heard anything from them since. They acknowlegdged receipt of it, and have given me a case number.
I just wanted to know how long the procedure and if there is anything that I can do to make the process go faster.

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

SandiF,

Boy, you asked a somewhat complicated question, but here goes, 245(i) is a provision of law that allowed people who came to the United States without inspection by an immigration officer to apply for permanent residency. Customarily, an applicant is only eligible to apply for a green card if they came to the US legally with a passport and US visa. 245(i) created an exception to the rule. It was in effect for a short period of time, most recently from December 2000 until April 31, 2001. Currently, it allows people to apply for a Green Card even now if and only if a qualifying sponsorship application was submitted during that time frame (between Dec. 2000 and April 30, 2001). That means all those who had someone file for them between Dec. 2000 and April 30, 2001 can apply for a Green card provided that they pay a penalty fee of $1000 in addition to the regular filing fees. Remember this is for people who came to the US and were NOT inspected by an immigration officer and who have the required immediate family member or employer eligible, who sponsored them. That is as simple as I can make it.

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Hey again Ivoree,

It really doesn't make a difference if you marry a person in the US military. US CIS doesn't really move any faster... When you are a US military base overseas, there may be special procedures depending on the officers they have available to liaison with US CIS, but I don't think it matters generally. Active duty military do have a quicker process for obtaining citizenship, however. Active duty military is eligble for citizenship three years after becoming a resident rather than the usual five.

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Schulz,

I am not sure you are asking about the Jamaican immigration system or what. If you are, I don't know. If wondering if as a US citizen there is a time frame that you can remain outside the U.S., then there is no limitation on your visits to other countries. You may want to check with the Jamaican Embassy in your area/region to find out if there are any visa requirements for lengthy stays in Jamaica if you are a non-citizen/resident of Jamaica.

[esp]

Re: Post Questions to US Immigration Attorney Nadine Brown

Hello Ms. Brown:

I am filing for my dad, since I am a US Citizen and he is considered a close relative how long should the process take?

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Hello again 7777,

This is what happens even though a visitor will be granted an extension in the US. If they overstay by even one day, legally the US Embassy which operates under the US Department of State guidelines can cancel or revoke a visa. If her visa expired and she was denied renewal, then waiting for about 3 years is a good period of time before requesting renewal. Since it's been six years I say she should go back to the Embassy with confidence. She needs to show that she will not violate the terms of the visa and present proof she is going to leave on time...usually you should apply for an extension BEFORE your entry permit (I-94 card) expires. Again, when she goes to the Embassy tell her to present herself properly in business attire because impressions make all the difference.

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Alright 7777,

I think three questions is enough, but I appreciate you trying to help a friend...tell your friend that if she came to the US and is only a Permanent Resident and then she got married and filed for a husband the process could take about 5 to 6 years because spouses and children of permanent residents have low priority in the visa system. Were she a US citizen, it would take about one year. But as she applied in 2004, she will be waiting a while. Tell her sit tight and save money for plane tickets to go visit her hubby abroad.

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

ep,

A US citizen filing for a parent shouldn't take more than about one year from start to finish give or take a month. It is a fairly straightforward adjustment of status petition.

Good Luck,

[StarGirl]

Re: Post Questions to US Immigration Attorney Nadine Brown

Is there such a thing that a US Citizen can file for their Jamaican child to VISIT them but not live with them?