Law & You Questions or Comments

Total: 774 Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13   Student Visa versus I 130 Hi Mr Chung . My fiance will be coming to the states on a student visa next year when he leaves the military in the Jamaica. My question is should we get married first and then he comes on a student visa or should have file for a fiance visa? Can he work if he comes here on a student visa? I want to know the easiest way so that we dont have a problem when i file for him to stay here permanently and he also have a daugther and she will be coming with him too. Thanks for your help in advance By Sachi @ USA, GA  saddaw1@hotmail.com Friday, April 20, 2007   I-485-Application to Register Permanent Residence or Adjust Status My husband entered the U.S. in June 7, 2001. He was admitted as a K-1 non-immigrant fianc(e). He married his intended spouse on June 11, 2001. He later on divorced on October 31, 2002 due to an abusive marriage with his intended spouse. He stayed in the U.S. and met me. We later married on September 21, 2004. Weve been married ever since. On April 11, 2005 we filed for an I-485, Application to Register Permanent Residence or Adjust Status. The application is based upon the filing of form I-130, Petition for Alien Relative which was approved and the I-485, Application to Register Permanent Residence or Adjust Status was denied on March 15, 2007. They are requesting that my husband leave the states and go back overseas to obtain an immigrant visa to re-enter the states. He MUST apply at a U.S. Embassy or Consulate overseas. Hes been given six months from March 15, 2007 to leave the states. My questions are: Can we get an extension, since the decision was so sudden? Is there an appeal process? When he goes overseas, how long will the process take to file for a spouse? With his K-1 situation, has he accrued unlawful presence or any bars from the U.S.? Can he file for a waiver to return? By @ Columbia, SC  maylinejohnson@yahoo.com Friday, April 20, 2007   How do I get a social security number hello mr.chung.contratuation on the good work you are doing to help us all,may god continue blessing you.what i am asking before i make a foolish step . i am here on an overstay visa going 2 years now,however i am working and would like to know if i can get a number to pay taxes, please tell me how and where do i go about this.your quick response would be highly appreciated.god bless. By lucy @ pennsylvania Lucy Social security numbers and EINs are issued by the Social Security Administration and the Internal Revenue Service. These have nothing to do with the Immigration and Naturalization Service. Take a look at form SS4 on the IRS website and see if that is what you want. Or visit the Social Security Administration website. Perhaps you should speak with an accountant. Good Luck By @   Friday, April 20, 2007   Most economical & quickest way to obtain a green card Also Mr Chung, what do you think about filing for the fiance visa instead. Wouldnt that allow him to work right away instead of having to spend more money filing for the work permit? Please advise me. By xspencevee @ USA/Jamaica Answer Gyal you real expensive to.. Either way, you have to file for a work permit. If you file for a fianc visa or if you file while he is here, you must file for a work permit. If you file and he remains in JA, he would not need a work permit. He gets a green card or its equivalent when he arrives. Good luck By @   Friday, April 20, 2007   Most economical & quickest way to obtain a green card Thank you, thank you, thank you. Now my question to your is, which would you do if you were in his position be it that it may take a while for the I130 to process? If we file the I130 will he still be able to travel on his current visa without problem? Also, if he chose to come to the US and we file, what are the chances of them processing the work permit forms quickly? Again my most important part of the question is which would you do if you were in his position, meaning able to travel. Oh and by the way if we file all the documents at once if he chooses to file from the US would he not be able to travel on his current visa? Thanks a million. You should set up a donation button. Much respect By xspencevee @ USA/Jamaica Answer: Thanks for your suggestion, but this is a way for me to pay back the community that contributed to me becoming who I am. In fact I should say thanks to you. Anyway, this is not a column for my personal opinions but for general guidance. I avoid personal opinions because though it may help you, it may mislead someone else. Keep in mind a visa does not entitle you to enter the US only to travel to the US. It may be revoked at any moment. Filing while he is here or in Jamaica may make no difference in the time for processing. He may go and come as he pleases until the visa is revoked. But if you file here, and he overstays, he would need permission to travel. If here be sure he does not overstay his given time. Good Luck By @   Friday, April 20, 2007   I want a divorce How do I go about getting my divource process started ,for my husband who isn't a citizen in Jamaica?And I have no idea where he is? By Maxine Quijano @ Jamaica/Kingston Answer: If you in Jamaica, file for divorce in Jamaica. If in the USA file here. Wherever you live, that is where you file. If does not matter that you cannot find your husband. But you may have to ask the Court for permission to serve him by publication rather than personally. Publication requires you list the details of the complaint in the local newspaper. Good Luck to you. By Clairmont Chung @   Friday, April 20, 2007   I want to go back to jamaica to get marry Question: 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 I you are a citizen, then your husband is eligible for an immediate visa and may arrive as soon as 6 months. You may even file a fianc petition. He may arrive sooner. However, if you are not a citizen but a green card holder, your husband is not eligible for an immediate visa. He may have to wait 3-5 years before a visa is available. As an alternative, you may wait, obtain your citizenship and then marry. Good Luck By Clairmont Chung @   Friday, April 20, 2007   Can I naturalize if I have been arrested Hello, I have been charged with theft felony while i was interviewing by the UCSIC officer in 2003 "I-485 BASED ON ASYLUM". The judge dismissed the case and the USCIS sent me a request asking for a court disposition and i have sent it to them. 10 days Later, i got the green card and the welcome letter in the mail. My questions are: 1- Do you think i will have any problem when applying for Citizenship? or should i want 5 years from 2003? 2- If i want to tavel to Europe for 2 weeks, do you think i will face any problems entering the U.S? By A.A.S @ Answer: You should have no problem. You stated the Court dismissed the case. If so, you do not have a conviction. So travel as you please. If you have other convictions then get some professional advice. Keep a copy of the Court disposition with you when traveling. By Clairmont Chung @   Friday, April 20, 2007   what to do? hello mr.chung.contratuation on the good work you are doing to help us all,may god continue blessing you.what i am asking before i make a foolish step . i am here on an overstay visa going 2 years now,however i am working and would like to know if i can get a number to pay taxes, please tell me how and where do i go about this.your quick response would be highly appreciated.god bless. By lucy @ pennsylvania  lucylou@hotmail.com Thursday, April 19, 2007   Most economical & quickest way to obtain a green card Also Mr Chung, what do you think about filing for the fiance visa instead. Wouldnt that allow him to work right away instead of having to spend more money filing for the work permit? Please advise me. By xspencevee @ USA/Jamaica  xspencevee@hotmail.com Monday, April 16, 2007   Most economical & quickest way to obtain a green card Thank you, thank you, thank you. Now my question to your is, which would you do if you were in his position be it that it may take a while for the I130 to process? If we file the I130 will he still be able to travel on his current visa without problem? Also, if he chose to come to the US and we file, what are the chances of them processing the work permit forms quickly? Again my most important part of the question is which would you do if you were in his position, meaning able to travel. Oh and by the way if we file all the documents at once if he chooses to file from the US would he not be able to travel on his current visa? Thanks a million. You should set up a donation button. Much respect By xspencevee @ USA/Jamaica  Monday, April 16, 2007   I want a divource How do I go about getting my divource process started ,for my husband who isn't a citizen in Jamaica? And I have no idea where he is? By Maxine Quijano @ Jamaica/Kingston  malikmaxine@yahoo.com Monday, April 16, 2007   Naturalization Hello, I have been charged with theft felony while i was interviewing by the UCSIC officer in 2003 "I-485 BASED ON ASYLUM". The judge dismissed the case and the USCIS sent me a request asking for a court disposition and i have sent it to them. 10 days Later, i got the green card and the welcome letter in the mail. My questions are: 1- Do you think i will have any problem when applying for Citizenship? or should i want 5 years from 2003? 2- If i want to tavel to Europe for 2 weeks, do you think i will face any problems entering the U.S? By A.A.S @   Sunday, April 15, 2007   Naturalization Hello, I have been charged with theft felony while i was interviewing by the UCSIC officer in 2003 "I-485 BASED ON ASYLUM". The judge dismissed the case and the USCIS sent me a request asking for a court disposition and i have sent it to them. 10 days Later, i got the green card and the welcome letter in the mail. My questions are: 1- Do you think i will have any problem when applying for Citizenship? or should i want 5 years from 2003? 2- If i want to tavel to Europe for 2 weeks, do you think i will face any problems entering the U.S? By A.A.S @   alisuliman@gmail.com Sunday, April 15, 2007   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 7, 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 5, 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 5, 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 8, 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 8, 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 7, 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 7, 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 7, 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 7, 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 7, 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     Total: 774 Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13