Law & You # 217
Crimes and Relieves available from deportation
Law & You #216
Muzikmedia introduces to you Ms Joan O. Pinnock, Ms. Pinnock, Esq. an Immigration attorney for the past ten years tells us of the increase in prices for the US citizenship.
want to go back to jamaica to get marry
i am here for one year now i want to go to jamaica and get married how long would it take for my husban to come to the u.s.a.
By joan sutherland @ baltimore md
joanps14@yahoo.com
Saturday, April 14, 2007
Help
Question:
hello mr,chung. my son is about to look about his citizenship,he has not started the paper works as yet but the lawyer told him that it will take about 6 months.anyway,his child's mother took out a restraining order on him and he violated it, will this be recorded in his filing for his mother? thanks very much.
By angie @ florida
Answer:
Angie, you said your son talked to a lawyer. Why didnt you ask her? Be careful with freeness. Anyway a violation of a restraining order will raise a flag with the INS. However, once there is no violence involved, he should be okay and able to apply for you after he becomes a citizen.
Walk good yuh hear
By @
Friday, April 13, 2007
How do I go about sponsoring my wife.
Question:
mr.chung i married my wife last friday, now what do we do, money is very tight.she has so much ambition and i love her so much.i really want to start as.a.p.iI also have 2 children previous relationships and the child support takes most of my salary .help
By damian james @ n.j
Answer:
Go to the website uscis.gov. Download and fill forms I-130, I-765, 1-485, I-864 and G-325. Submit these with the appropriate fees. The last 2 do not require a fee. If money is tight as you say, submit the I-130 alone. Wait for approval and then submit the work permit application I-765. You may submit forms whenever you get the money.
Good Luck
By @
Friday, April 13, 2007
I want to file for a tourist visa for my cousin
Question
Hello, I am a US Citizen but i was born and raised in Haiti, I came to US when I was 16 years old and now I am 30 years old. My question is how it would be possible to file a tourist visa for my little cousin. The thing is I see him as my little brother, because my mom took him from his mother since he was a baby. I am wondering If you could help me on this situation. I am currently working full time and I have an House, but I still miss something. I miss him.Please help me. Thank You!
By Sabine @ Massachusetts, USA
Answer:
I dont know his age, but you or your mom may consider adopting your cousin. If not the person in the home country, your cousin must take a letter of invitation from you to the embassy in Port Au Prince. There is an application he must complete and submit along the requested documents. These documents must show your cousin has sufficient ties to Haiti to ensure his return, For example, a deed to a home, a secure job, assets in the bank and a family. I hope this helps.
Good Luck
By @
Friday, April 13, 2007
Most economical & quickest way to obtain a green card
Question
Greetings again,
Im gonna be marrying a jamaican citizen soon. I would like you to advise me of the most sensible/economical way for him to recieve his documents, hence, he has a visa already so he can travel with no problems. Initially I thought about the fiance visa but that doesnt make sense since he already has a visa. Now would the cheaper/quicker way be for us to marry, then he come here on his visa and we apply for his work permit and greencard or should we marry and file the i130? Also if we do the first which forms should we file? I dont think it would be the i130 if he is already residing in the US, is that correct? Please email me with your response asap so that I can get the proper forms started. Again thanks for the use of your talents.
By xspence @ USA
Answer:
Whatever route you take, you must file an I-130. The I-130 is a petition for approval. Once approved you file the other applications. You may file all the applications together. However, If he resides in Jamaica, you cannot file any other application except the I-130. If he resides in the USA, you may file the I-130 along with I-485 for the green card and I-765 for the work permit. But he must remain in legal status to avoid problems later. I hope this answers your question.
Good Luck
By Clairmont Chung @
Friday, April 13, 2007
Married in Jamaica means married in the USA
Question:
someone i know was married 12 years ago in jamaica while on vacation...when they got back to new york they never filed any papers here in the US are they considered legally married in the united states? or just in Jamaica?
By Lu @ new york city
Answer:
Yes, based on the information you gave. I assume they obtained a marriage certificate in Jamaica and did everything according to Jamaican rules. If so, the marriage is good any part of the world.
By Clairmont Chung @
Friday, April 13, 2007
Applying for an illegal ALREADY in the US.
Hello i have 2 questions: I have been a permanent resident for 30 years, i am now 34. In 2001 i was arrested and charged with aggravated assault, aggravated battery, criminal threat and aggravated burglary. The case was dismissed but i was put on diversion. I have had other minor traffic tickets for no insurance and speeding. I am also behind on my taxes, i owe about 17,000 and did not file for 2006, yet because i don't have all my w-2's because i move alot and have changed many times. QUESTION: will i be denied, is there a chance that i could still get my citizenship? I do hold a degree and work in the medical field, i hold a professional medical license as well? Question #2. My wife is from Belize, she came legally to the country and we are now married, we have 1 child and 1 due in october. Her visa has expired, making her illegal. Will this make me ineligible? Will she be deported when i disclose that she lives with me illegally? Will this hurt me? What do you advice? should I get an attorney?
By kharlos @ us
anika2carlos@hotmail.com
Friday, April 13, 2007
Applying for citizenship after convictions
Question
can my husband apply for naturalization after the the immigration judge terminated his removal proceedings due to multiple criminal convictions before..? the removal proceedings was already terminated. he has been a LPR for 19 years. Thanks
Answer
You may apply but with multiple convictions, it is unlikely citizenship will be granted. I do not know what you mean by terminated. If he has been ordered deported or removed, applying for citizenship is useless. If he is still an LPR then a professional would need to review every detail of his case and that does not guarantee success.
Good Luck
By Clairmont Chung @
Thursday, April 12, 2007
When should I marry
Question:
Hello Mr Chung I am a divorced US citizen who was married to someone trying to get there papers we never went through with the process now ive ben divorced for 2 months and wish to marrry my boyfriend of 4 years who is in Jamaica I would like to know if I do the fiancee visa will it be a problem if ive only been divorced for 2 months or is it better for me to go through the whole process of getting married first then filing for him. Thank you in advance
By cj @
Answer:
I do not believe one approach is better than the other. The fianc petition may bring him to the US faster and he will be eligible to work, but you will still need to marry and file a petition for him. If you marry now, and apply while he is in Jamaica, it may be some time before you live together as a family. The process could take a year.
Good Luck
By Clairmont Chung, Esq @
Thursday, April 12, 2007
Marriage License Requirements
QUESTION:
If you are a U.S. citizen and you are trying to marry someone from Jamaica but they have no proof of residency how do you apply for a license? I would like to add that we tried to explain that she couldn't produce any proof because she doesn't have a social security number, therefore she couldn't produce any documents such as a cell phone bill or bank statements.
Please help.....
ANSWER:
You may want to check with New York and find out its requirements for a marriage certificate. Some states do not require residency. Nevada comes to mind.
Good Luck
By Clairmont Chung, Esq @
Thursday, April 12, 2007
help
hello mr,chung. my son is about to look about his citizenship,he has not started the paper works as yet but the lawyer told him that it will take about 6 months.anyway,his child's mother took out a restraining order on him and he violated it, will this be recorded in his filing for his mother? thanks very much.
By angie @ florida
angie3@yahoo.com
Tuesday, April 10, 2007
how do igo about sponsoring my wife.
mr.chung i married my wife last friday, now what do we do, money is very tight.she has so much ambition and i love her so much.i really want to start as.a.p.iI also have 2 children previous relationships and the child support takes most of my salary .help
By damian james @ n.j
antigua6@yahoo.com
Saturday, April 07, 2007
I want to file a tourist visa for my counsin
Hello, I am a US Citizen but i was born and raised in Haiti, I came to US when I was 16 years old and now I am 30 years old. My question is how it would be possible to file a tourist visa for my little cousin. The thing is I see him as my little brother, because my mom took him from his mother since he was a baby. I am wondering If you could help me on this situation. I am currently working full time and I have an House, but I still miss something. I miss him.Please help me. Thank You!
By Sabine @ Massachusetts, USA
Kexantus@aol.com
Thursday, April 05, 2007
most economical & quickest
Greetings again,
Im gonna be marrying a jamaican citizen soon. I would like you to advise me of the most sensible/economical way for him to recieve his documents, hence, he has a visa already so he can travel with no problems. Initially I thought about the fiance visa but that doesnt make sense since he already has a visa. Now would the cheaper/quicker way be for us to marry, then he come here on his visa and we apply for his work permit and greencard or should we marry and file the i130? Also if we do the first which forms should we file? I dont think it would be the i130 if he is already residing in the US, is that correct? Please email me with your response asap so that I can get the proper forms started. Again thanks for the use of your talents.
By xspence @ USA
xspencevee@hotmail.com
Friday, March 30, 2007
married in jamaica but live in USA
someone i know was married 12 years ago in jamaica while on vacation...when they got back to new york they never filed any papers here in the US are they considered legally married in the united states? or just in Jamaica?
By Lu @ new york city
imageminigrl@aol.com
Wednesday, March 28, 2007
apply for citizenship
can my husband apply for naturalization after the the immigration judge terminated his removal proceedings due to multiple criminal convictions before..? the removal proceedings was already terminated. he has been a LPR for 19 years. thanks
By camille @
claudinemica@yahoo.com
Wednesday, March 28, 2007
Need help
Hello Mr Chung I am a divorced US citizen who was married to someone trying to get there papers we never went through with the process now ive ben divorced for 2 months and wish to marrry my boyfriend of 4 years who is in Jamaica I would like to know if I do the fiancee visa will it be a problem if ive only been divorced for 2 months or is it better for me to go through the whole process of getting married first then filing for him. Thank you in advance
By cj @
Monday, March 19, 2007
getting married
If you are a U.S. citizen and you are trying to marry someone from Jamaica but they have no proof of residency how do you apply for a license? I would like to add that we tried to explain that she couldn't produce any proof because she doesn't have a social security number, therefore she couldn't produce any documents such as a cell phone bill or bank statements.
Please help.....
By Jean-Pierre Waller @ united states, new jersey
jp1manarmy@gmail.com
Sunday, March 18, 2007
wrong identity
Question:
hi,i came here on a visa.i was arrested twice.i gave the wrong name.actually the name of a friend who is a usc,only cause i was scared to be sent home.the cases were misdermenors and were eventually dismissed.i am about to get married to a usc.i contacted a lawyer and he told me that since it was dismissed we do not have to mention it to immigration.is there anyway immigration can find out that i was arrested using the wrong name.
By @ u.s.a, ct
Answer
Not disclosing the truth is a very risky proposition when dealing with the INS. Once you have been arrested, there is usually a record of the arrest. It does not matter if the charge was dismissed. Even if the charges were expunged the INS still wants disclosure. If they find out without your disclosure, you will have a problem. It does not matter about the name used. If fingerprints were taken at the time of the arrest it would match prints taken by the INS.
Good luck
By Clairmont Chung @
Friday, March 16, 2007
Travelling on H2B Visa
Question
Hi! Can one travel to the caribbean(San Juan) on an H2B visa
Thanks
Answer:
Yes you may. San Juan is part of the US. Do not forget to travel with the appropriate identification.
Have fun.
By Clairmont Chung @
chungesq@aol.com
Friday, March 16, 2007
Lost documents
Question:
I had applied for citizenship,moved and missed my appt date/time.INS cannot find me in system,I have lost Alien resident card,have form for them to do research on me.I have been in Usa 34yrs, am married,have 2 grown kids, my question is "can I be deported back to T & T".I would be totally lost there.
By yolanda @ USA,TX
Answer::
Based on the information you shared, you have sufficient proofs to overcome any attempt to deport you. However, you need to apply for a replacement green card and re-apply for citizenship.
Good Luck
By Clairmont Chung @
chungesq@aol.com
Friday, March 16, 2007
sponsor for visitor visa
Question:
I am a perminant resident and would like to have a friend visit from jamacia.she has been refused a visa to visit.is there any thing i could do from the usa to help her obtain a visiters visa .
By francis garvey @ usa fla
Answer:
You only need to send a letter of invitation to your friend. However, your friend needs to convince her interviewer at the local US consulate of his/her intent to return to her home. She needs to present evidence of ties to her home country. This includes a job letter, proof of property ownership, and a bank statement with sufficient funds to pay for a stay in the US.
Good Luck
By Clairmont Chung @
chungesq@hotmail.com
Friday, March 16, 2007
no one
i am tied of you people fright and kill ok so please stop fiight each other and kill
By shana @ ny
Friday, March 16, 2007
which name?
i had my daughter at a very tender age.my mom and stepdad were solely responsible for her.my stepdad somehow obtained a visa for her.the problem is,now my daughter is all grown up.my stepdad got the visa for her with a birth certificate saying that he is the dad.she went to school here in her right name,had a baby and is known by her correct name.not the name she entered u.s.a in.now she wants to get married and don;t know what to do.if she gets married in her right name immi needs proof of how she entered.so does she get married in the name on the visa?
By @ u.s.a, ct
lexusboo92@yahoo.com
Friday, March 16, 2007
wrong identity
hi,i came here on a visa.i was arrested twice.i gave the wrong name.actually the name of a friend who is a usc,only cause i was scared to be sent home.the cases were misdermenors and were eventually dismissed.i am about to get married to a usc.i contacted a lawyer and he told me that since it was dismissed we do not have to mention it to immigration.is there anyway immigration can find out that i was arrested using the wrong name.
By @ u.s.a, ct
lexusboo92@yahoo.com
Friday, March 16, 2007
Travelling on H2B Visa
Hi! Can one travel to the caribbean(San Juan) on an H2B visa
Thanks
Michelle
By Michelle @ USA, Florida
mpadiachee@yahoo.com
Thursday, March 15, 2007
my options
I had applied for citizenship,moved and missed my appt date/time.INS cannot find me in system,I have lost Alien resident card,have form for them to do research on me.I have been in Usa 34yrs, am married,have 2 grown kids, my question is "can I be deported back to T & T".I would be totally lost there.
By yolanda @ USA,TX
cwo52@aol.com
Tuesday, March 13, 2007
sponser for visitor visa
I am a perminant resident and would like to have a friend visit from jamacia.she has been refused a visa to visit.is there any thing i could do from the usa to help her obtain a visiters visa .
By francis garvey @ usa fla
buzzcock@bellsouth.net
Monday, March 05, 2007
My petition approved but
Question
my petition have ben approved for a year now and i have not gotten any word from immigration what should i do , its my dad who filed for me and yes am over 21
By jenner @ queens new york
blackbeauty467@hotmail.com
Wednesday, February 21, 2007
Answer
Jenner
You are in the 2B preference group as the unmarried child of a citizen. This means there is a delay of several years between the approval and actual availability of the Visa. An approved petition only means you are eligible for a visa. But nothing is processed until that visa is available. Depending on your nationality, it may take 3 years to as much as 10+ years.
Good Luck
By clairmont chung @
chungesq@aol.com
Tuesday, February 27, 2007
Divorce
Question
I AM WAITING FOR MY 10 YR. GREEN CARD TO ARRIVE ,ONCE IT DOES CAN I DIVORCE MY CURRENT HUSBAND??
By CINDY @ USA,MI
CGL0417@AOL.COM
Monday, February 19, 2007
Answer
Once you have a legitimate lawful basis, you may divorce your husband at anytime.
Good Luck
By Clairmont Chung @
chungesq@hotmail.com
Tuesday, February 27, 2007
what should i do
my petition have ben approved for a year now and i have not gotten any word from immigration what should i do , its my dad who filed for me and yes am over 21
By jenner @ queens new york
blackbeauty467@hotmail.com
Wednesday, February 21, 2007
email
my name is jen i had email you a question about expunge and your new telephone number my email address is a
By annmarie @ jamaica
annmarie435@yahoo.com
Tuesday, February 20, 2007
divorce
I AM WAITING FOR MY 10 YR. GREEN CARD TO ARRIVE ,ONCE IT DOES CAN I DIVORCE MY CURRENT HUSBAND??
By CINDY @ USA,MI
CGL0417@AOL.COM
Monday, February 19, 2007
getting marry
Question
hi my name is keke and am living in the us now.my question to is .married in jamaica to a turks&caicos islander in may 2001 we are not together anymore,we did not apply for the orginal copy.is our marriage still legal.can i still get marry without appling for the marriged certicate?
By keke @ usa
kekehotta@hotmail.com
Friday, February 16, 2007
Answer:
Hi Keke
If you obtain a license to marry but never registered the marriage certificate, then you may still be legally single. Usually in a church wedding the pastor would file the certificate after the wedding. I do not know what you mean by not applying for the original copy. Perhaps you can clarify this issue by calling the Ministry at 876 906 4908.
Good luck
By Clairmont Chung @
chungesq@hotmail.com
Friday, February 16, 2007
US Divorce-Division of US Property and Jamaican Property
Question
Hi Mr. Chung,
If the Divorce decree in the US stated that the wife gets the property in the US and the husband gets the property in Jamaica but the wife never signs over her rights to the Jamaican property pursuant to the US Court Order. The Husband, living in Jamaica and in bad health, petitions the courts in Jamaica to get his ex off the title to his house. Due to failing health, husband settles the matter with ex by entering into a settlement agreement, whereby they pass all their interests in the Jamaican property to two of their children, but soon after, the husband dies with a Will dated prior to the Jamaican settlement agreement. The Will gives the Jamaican property to all five of his children in equal parts, who owns the Jamaican property? Can the five children argue that the US Court Order divided the property to the husband in its entirety. Will Jamaican Courts generally recognize US Divorce Decrees and Divison of Property? Please help to solve this mystery.
By KBC @ US, Kentucky
kejobc@aol.com
Thursday, February 15, 2007
Answer:
Dear KBC
Thanks for your question. If the Courts in Jamaica issued an Order accepting the new agreement, between the ex husband and wife, then that Order controls. If they two parties, ex husband and wife, signed a valid agreement giving the property to the 2 children then that agreement controls. Agreements about land must be in writing and properly executed. Anything can be challenged, if you so desire, but I anticipate a lot of time and money without a guaranteed result. Finally, Jamaican Courts do honor US court orders and judgments once obtained with the proper procedure. A better answer requires a full review of all the facts and documents.
Good Luck
By Clairmont Chung @
chungesq@hotmail.com
Friday, February 16, 2007
getting marry
hi my name is keke and am living in the us now.my question to is .married in jamaica to a turks&caicos islander in may 2001 we are not together anymore,we did not apply for the orginal copy.is our marriage still legal.can i still get marry without appling for the marriged certicate?
By keke @ usa
kekehotta@hotmail.com
Friday, February 16, 2007
US Divorce-Division of US Property and Jamaican Property
Hi Mr. Chung,
If the Divorce decree in the US stated that the wife gets the property in the US and the husband gets the property in Jamaica but the wife never signs over her rights to the Jamaican property pursuant to the US Court Order. The Husband, living in Jamaica and in bad health, petitions the courts in Jamaica to get his ex off the title to his house. Due to failing health, husband settles the matter with ex by entering into a settlement agreement, whereby they pass all their interests in the Jamaican property to two of their children, but soon after, the husband dies with a Will dated prior to the Jamaican settlement agreement. The Will gives the Jamaican property to all five of his children in equal parts, who owns the Jamaican property? Can the five children argue that the US Court Order divided the property to the husband in its entirety. Will Jamaican Courts generally recognize US Divorce Decrees and Divison of Property? Please help to solve this mystery.
By KBC @ US, Kentucky
kejobc@aol.com
Thursday, February 15, 2007
Returnee
Question:
hope you can advise me on a few matters. in august 2007 i will be moving to jamaica (i am a uk citizen).i will be joining my husband (jamaican). if i decide to work wil i need to apply for a work permit/visa?? i have also come across some special circumstances for non-jamaican spouses being classed as returning resident??? in regards to shipping and clearing a car.
any advice wuld be greatly appreciated
By sue @ uk
Answer:
As a citizen of a foreign country you will require a work permit to work legally in Jamaica. If you plan to live permanently, then you may consider changing citizenship. You do not need a visa to enter Jamaica. The government does offer certain tax concessions to Jamaicans returning home: like your husband, and these may apply to cars and other items brought from England to the island. Good luck
By Clairmont Chung @
chungesq@aol.com
Thursday, February 08, 2007
Naturalization
Question:
re: US citizenship denied
Thanks for the reply. The case was reduced to a class c--misdeameanor and eventually dismissed. I had to take family violence classes to get this dismissed. Right after, I had a lawyer expunged this case.I was never on probation. He told me I could tell INS I have no arrest record since it should be clear from my record. I followed the advice and it screwed my interview that time.I wanna do it right next time thats why I am seeking an intelligent opinion from you. This is my only criminal history and nothing else. If I understand you, do you mean to say I can take the word from INS that I can reapply on May 15, 2009? Does my husband have to apply for me on the basis of him being a USC ? Do we use another form for this or use the same form I used when I apply for naturalization? Thank you again
By jazzy @ USA
jazz777@satx.rr.com
Thursday, January 25, 2007
Answer:
Yes. You can take their word and apply. NO. Your husband does not have to apply for you. Use the same form as the last time you applied.
By Clairmont Chung @
chungesq@hotmail.com
Thursday, February 08, 2007
phone number
am trying to email you but ur email as change and the phone number as well can i get your new email and phone as well please i need to seek a law please
By jen @ jamaica
annmarie435@yahoo.com
Wednesday, February 07, 2007
phone number
am trying to email you but ur email as change and the phone number as well can i get your new email and phone as well please i need to seek a law please
By jen @ jamaica
annmarie435@yahoo.com
Wednesday, February 07, 2007
expung your records
in 03 i enter the us i was traveling on a passport that was not my real name and the immgration officer found out it was not my passport so they keep me over night and sent me back to jamaica so they did prints and my eyes as well is that a conviction how can i apply for that record to expunge i wait to apply for my visa at the embassy do you think that it will show if igo. or what can i do am seeking a law in the states to have it expunge for me i didn''t went to a court please reply to me
By jen @ jamaica
annmarie435@yahoo.com
Wednesday, February 07, 2007
expung your records
in 03 i enter the us i was traveling on a passport that was not my real name and the immgration officer found out it was not my passport so they keep me over night and sent me back to jamaica so they did prints and my eyes as well is that a conviction how can i apply for that record to expunge i wait to apply for my visa at the embassy do you think that it will show if igo. or what can i do am seeking a law in the states to have it expunge for me i didn''t went to a court please reply to me
By jen @ jamaica
annmarie435@yahoo.com
Wednesday, February 07, 2007
Urgent help.......!!!!!
i was arrested in massachusett for shoplifting, i was shoping and accidentally put a belt in my bag, i guess they saw me on the camera and called the cops and i was arrested.
i am married to a U.S citizen and i have already received my work permit, my interview is next month, can immigration penalize me for this misdemeanor?
The judge said i am not guilty, but i still received community service for 20hours and had to pay a fine of $21.
Can immigration penalize me for this, a crime i didn't commit?
By andrew @ massachusett
Wednesday, February 07, 2007
naturalization
I have been married to my wife for 4 and a half years. she has been in the usa since october 2003 and she got her green card in march 2006. can she apply for naturalization now?
By Henrik @ georgia
djerck21@hotmail.com
Wednesday, January 31, 2007
move to jamaica
hi
hope you can advise me on a few matters. in august 2007 i will be moving to jamaica (i am a uk citizen).i will be joining my husband (jamaican). if i decide to work wil i need to apply for a work permit/visa??
i have also come across some special circumstances for non-jamaican spouses being classed as returning resident??? in regards to shipping and clearing a car.
any advice wuld be greatly appreciated
By sue @ uk
sdodd@citycol.ac.uk
Thursday, January 25, 2007
re: US citizenship denied
Thanks for the reply. The case was reduced to a class c--misdeameanor and eventually dismissed. I had to take family violence classes to get this dismissed. Right after, I had a lawyer expunged this case.I was never on probation. He told me I could tell INS I have no arrest record since it should be clear from my record. I followed the advice and it screwed my interview that time.I wanna do it right next time thats why I am seeking an intelligent opinion from you. This is my only criminal history and nothing else. If I understand you, do you mean to say I can take the word from INS that I can reapply on May 15, 2009? Does my husband have to apply for me on the basis of him being a USC ? Do we use another form for this or use the same form I used when I apply for naturalization? Thank you again
By jazzy @ USA
jazz777@satx.rr.com
Thursday, January 25, 2007
Filing a Work Permit
Question
I would like some clarification on something. My sister ( in the US) is filing for me (residing in Jamaica). However, i would like to apply for a job in the US and i know for a fact the sister-to-sister filing can take as long as 12 years for approval. Can i still go ahead and apply for a job now.
By E C @ Jamaica
hotandsexy5@hotmail.com
Wednesday, January 24, 2007
Answer:
You may apply for a job at anytime. Of course you need to be in the US to perform your job unless its a work at home situation and this is a different proposition. The fact you have an approved petition pending does not entitle you to work. You may be thinking of a work visa (H1b) and someone, an employer, will have to apply on your behalf as a skilled or unskilled worker. If successful, you will be permitted to come to the US. There is an INS policy not to issue non immigrant visas when one has a permanent visa petition pending.
By Clairmont Chung @
chungesq@hotmail.com
Thursday, January 25, 2007
US citizenship application denied
Question:
I was denied naturalization when I applied for citizenship last May 3, 2006 because I was arrested on April 23, 2005 for assault on my husband and lied to INS about it. However,I forgot to tell INS that my husband will be naturalized as a USC on May 15, 2006. I came back to INS and told them my husband is a USC. They told me that waiting time for reapplication will only be 3 yrs instead of 5 years. I wanted them to change my letter of withdrawal to say that I am eligible to apply in May 15, 2009 instaed of May 3, 2011. They refused. INS said, though, I can apply on May 15, 2009. Can I apply on May 15, 2009. I read of green card holders getting deported as a result of only trivial cases. Will this happen to me? This bothers me alot.
Answer:
I have no information on your entire criminal history and you did not state the outcome of the charge for the assault on your husband. However, if that is the only offense and I suspect it was dismissed or reduced to a misdemeanor, then your chances of remaining in the US are excellent.
You may request a rehearing on the citizenship decision and seek to change the date that way. In the alternative apply at the time in the verbal instruction.
Good Luck
By Clairmont Chung @
chungesq@hotmail.com
Thursday, January 25, 2007
Immigration for newborn child of a green card holding father
I got married after i got my green card to a non resident wife. I filed the I-130 for my wife a year ago and waiting for the approval. She delivered our baby a few months ago.
Do i need to file another I-130 for the baby? or does he get a derivative visa based on the mother?
By Ashraf Elshareif @ USA, Washington
aelshareif@yahoo.com
Thursday, January 25, 2007
US citizenship application
I was denied naturalization when I applied for citizenship last May 3, 2006 because I was arrested on April 23, 2005 for assault on my husband and lied to INS about it. At the time of interview,my case was already expunged. INS made me sign a withdrawal of application for naturalization and it says that I am eligible to apply on May 3, 2011. 5 years after the interview to show good moral character. However,I forgot to tell INS that my husband will be naturalized as a USC on May 15, 2006. When I came back to INS for inquiries, I told them that my husband is a USC. They told me that waiting time for reapplication will only be 3 yrs instead of 5 years granting I am still married to a USC. I wanted them to change my letter of withdrawal to say that I am eligible to apply in May 15, 2009 instaed of May 3, 2011. They would not do this because they say this is already in my file. INS said, though, I can apply on May 15, 2009. IT WAS VERBAL NOT WRITTEN STATEMENT. My question is: Can I apply on May 15, 2009 as what INS said granting I am still married to my USC husband? That would be 3 years of him being a USC. What about the withdrawal letter that says eligible to apply on May 3, 2011? I am very anxious about this matter given my criminal history which as I said, have already been expunged. I read of green card holders getting deported as a result of only trivial cases. Will this happen to me? This bothers me alot. Hope you can help me with my questions and allay my fears. Thank you for all you do.
By jazzy @ USA
jazz777@satx.rr.com
Wednesday, January 24, 2007
Filing and Work Permit
I would like some clarification on something. My sister ( in the US) is filing for me (residing in Jamaica). However, i would like to apply for a job in the US and i know for a fact the sister-to-sister filing can take as long as 12 years for approval. Can i still go ahead and apply for a job now.
By E C @ Jamaica
hotandsexy5@hotmail.com
Wednesday, January 24, 2007
GETTING A TAX ID
i am an american citizen and i recently applied for a tax id for my husband he is from jamaica first i went through an accountant a certified one then u have to get a certified copy of the persons passport from your embassy or consulate you will need to file a w7 form and mail all that info in with your taxes for the current year if u want to file previous years you will need to amend those taxes and it should only cost about $150 dollars for a professional job.
By laura @ united state new jersey
biglo69@hotmail.com
Tuesday, January 23, 2007
Tips to obtain a visitors visa
Question
hi! I applied as tourist visa on 1972 and denied twice. as a tourist i was under the support of my sister thru my brother in law an american (is already deceased).
this time i like to try again as a tourist to u.s., but with my support being an broker/agent of pyrex, insurance and real estate. having my own cafe and restaurant, wholesale dealer of rice, corn, feeds, etc.
my education is only 46 units in university, vocational course of arts and crafts, computer literate of 4 modules, cooking and trained to take care of the dogs.
i engaged mostly in business since before i went to hongkong as domestic helper for 18 yrs.
but now, i came home to take care fully of our business.
now, please tell me if i have the basis of applying to u.s. as tourist but surely i would only wanted to go shopping even for a month and feel the breeze of the air of u.s. please help!!!
thanking much for the reply you will extent address at cataolven_girl@yahoo.com
best regards!!!
By cata olven @ philippines
cataolven_girl@yahoo.com
Tuesday, January 16, 2007
Answer
The US Consulate needs proof that you are likely to return to the Philippines. To make this decision, they look at your ties to your home. This includes real property, savings, investments, business, and family ties. Its better the more things and people that depend on you and for which and whom you are responsible. Stay away from mentioning the education. Many interviewers see that as proof you mat seek additional opportunity in the US Good Luck
By Clairmont Chung @
chungesq@hotmail.com
Friday, January 19, 2007
H2B
if i am in the us and would like to petition for a h2b visa can it be a relative (i.e. my in-laws)?
thanks.
By henrik @ georgia
djerck21@hotmail.com
Monday, January 01, 2007
Answer:
It depends on your current status. But it doesnt matter that its your un laws, If you satisfy all the requirements.
By Clairmont Chung @
Chungesq@aol.com
Friday, January 19, 2007
How does one get a Tax ID number
tax id number
my son lives my mother in the us,he is not a us citizen and she is a permanent resident and she would like to file taxes for him,how would she go about getting a tax id number for him.thank you...
By tee @ atlanta,ga
taje97@aol.com
Monday, January 01, 2007
Answer:
This is not a comment of the legality of your choices. However the IRS issues Tax IDs upon the completion of form SS4. This form is available from the IRS website.
By Clairmont Chung @
chungesq@hotmail.com
Friday, January 19, 2007
Ungrateful Spouse
Deportation
Question
I was married to a Jamacian and brought him to the states. Once he got here, after a year he started playigng around with other women, I found out and dropped my petition for him to be here because his status was on conditions. He had not gotten his green card yet and once I filed for a legal sep, he was advised by immigration to apply for hisself to see if he could stay. He met a women and after 3 week of knowing her moved into her home and she paid for him to divorce me. Divorce was final 11/26/05 and 12/04/06, he married her. I had started a file in 2002 on him before we were seperated because he was cheating on me and before our divorce he had a child born by one woman and the other who oaid for his divorce was pregnant also. Immigration has all this info and what I would like to know is what is his chances for stying here because immigration as of last year had not given him permenant residency and now he thinks with the woman that paid for the divorce and her having a baby will keep him here. He made false statements to ploice so he could stay here by having another women help him make up lies, saying I abused him. He knew that this is a condition for him to be able to stay. Are they able going to deport him back to Jamaica, becuase he really thinks he has gotten away with lying to me to get here.
By lady l @ usa, CA
lolitasloans4u@yahoo.com
Monday, January 01, 2007
Answer
This is a very common situation and US citizens need to be more careful about their choices. But even in the best of circumstances, things go wrong and a divorce is the quick solution. No one knows if your ex will be permitted to remain in the US. If he can convince the Hearing Officer that his new marriage is for real, bona fide, then he stays. If not, he goes. Try to focus on your own life and let the Gods deal with him. Thanks for the question.
By Clairmont Chung @
chungesq@hotmail.com
Friday, January 19, 2007
Divorce
Question
I was married at montego bay sandals i am a U.S. citzen and so is my husband, when we got back in the states we never took the steps of going to our states court system to legalize our marriage in the states, i never changed my name we have no kids no finaicial ties. Can I go back to Jamica for a divorce? would it be quicker cause i have a marriage certificate from kingston? Are there quick divorces in Jamica? where are they located? where do i go Does he have to be with me? Please help...
By April @ USA. Mich
Prellz@aol.com
Thursday, December 28, 2006
Answer:
If your marriage is legal in Jamaica, then its legal here in the US. You need not go to Jamaica for a divorce. You may file for divorce in any state and county in the US. I hope I answered your question. Speak with an attorney in Michigan.
Good Luck
By Clairmont Chung @
chungesq@hotmail.com
Friday, January 19, 2007
inquiry
hi! I applied as tourist visa on 1972 and denied twice. as a tourist i was under the support of my sister thru my brother in law an american (is already deceased).
this time i like to try again as a tourist to u.s., but with my support being an broker/agent of pyrex, insurance and real estate. having my own cafe and restaurant, wholesale dealer of rice, corn, feeds, etc.
my education is only 46 units in university, vocational course of arts and crafts, computer literate of 4 modules, cooking and trained to take care of the dogs.
i engaged mostly in business since before i went to hongkong as domestic helper for 18 yrs.
but now, i came home to take care fully of our business.
now, please tell me if i have the basis of applying to u.s. as tourist but surely i would only wanted to go shopping even for a month and feel the breeze of the air of u.s. please help!!!
thanking much for the reply you will extent address at cataolven_girl@yahoo.com
best regards!!!
By cata olven @ philippines
cataolven_girl@yahoo.com
Tuesday, January 16, 2007
Husband stuck in Canada :(
Hi there. I am working in the USA on an 0-1 "Persons of Extraordinary Ability" non-immigrant visa. My husband is an anti-terror intelligence officer in Canada, who has both Canadian and UK passports. Is there any possible way for him to be able to live/work in the USA on a visa of some sort?
By Marissa Taylor @ New York, NY
mrstylr@yahoo.com
Monday, January 08, 2007
drportation
I sent you a email regarding a jamaican husband that should be deported. In it I said our divorce was fianl 11//05 and he remarried 12/06. This was a typo, he was married nine days later of our divorce being final. He married 12/-4/05. Attorneys that he hired to try and get him to stay, quit on him becaused they told him there were too many reg flags on him and that he should not remarry like he did. I just wanted to correct the dates I gave you. Still waiting on you response.
By lolita @ usa, ca
lolitasmobilenotary@yahoo.com
Tuesday, January 02, 2007
question on h2b visa
if i am in the us and would like to petition for a h2b visa can it be a relative (i.e. my in-laws)?
thanks.
By henrik @ georgia
djerck21@hotmail.com
Monday, January 01, 2007
tax id number
my son lives my mother in the us,he is not a us citizen and she is a permanent resident and she would like to file taxes for him,how would she go about getting a tax id number for him.thank you...
By tee @ atlanta,ga
taje97@aol.com
Monday, January 01, 2007
deportation
I was married to a Jamacian and brought him to the states. Once he got here, after a year he started playigng around with other women, I found out and dropped my petition for him to be here because his status was on conditions. He had not gotten his green card yet and once I filed for a legal sep, he was advised by immigration to apply for hisself to see if he could stay. He met a women and after 3 week of knowing her moved into her home and she paid for him to divorce me. Divorce was final 11/26/05 and 12/04/06, he married her. I had started a file in 2002 on him before we were seperated because he was cheating on me and before our divorce he had a child born by one woman and the other who oaid for his divorce was pregnant also. Immigration has all this info and what I would like to know is what is his chances for stying here because immigration as of last year had not given him permenant residency and now he thinks with the woman that paid for the divorce and her having a baby will keep him here. He made false statements to ploice so he could stay here by having another women help him make up lies, saying I abused him. He knew that this is a condition for him to be able to stay. Are they able going to deport him back to Jamaica, becuase he really thinks he has gotten away with lying to me to get here.
By lady l @ usa, CA