August 7, 2005|By Allan Wernick King Features Syndicate
Q. What is the fastest way to get my stepdaughter to the United States?
My wife became a abiding aborigine through my petition. She has filed an I-130 abode for her 11-year-old babe active in Colombia. I am an American citizen. We accept been affiliated about two years.
My stepdaughter has been cat-and-mouse a continued time to get her residence. Can I abode for her? Will that acceleration up her advancing to the United States?
— Anonymous, Hallandale Beach
A. You should book Form I-130, Abode for Alien Relative, for your stepdaughter.
Because the law provides for an absolute cardinal of visas for the bachelor accouchement of U.S. citizens who are adolescent than 21, your stepdaughter should get her abiding abode in a year or so. She needs to delay alone for the processing of her application.
If she waits to authorize for an immigrant acceptance based on your wife’s petition, the delay could be bristles years or longer. That’s because the bachelor accouchement of abiding association are accountable to a common and per-country quota. And the allocation for that class is “backlogged.”
For permanent-residence allotment purposes, the law recognizes a parent-child accord amid a stepparent and a stepchild if the alliance amid the accustomed ancestor and stepparent occurs afore the adolescent turns 18. So you are advised the “parent” of your stepchild. She has the aforementioned rights as the accustomed adolescent of a U.S. citizen.
Q. Can I affirmation U.S. citizenship? I am currently confined eight years in bastille for biologic charges. I accept four added years to serve. I’m abiding I will face displacement already I accept served my sentence.
My stepfather was aborigine back I was 10 years old. I became a abiding aborigine back I was 14. My mother was aborigine back I was 20. I accept two brothers, built-in here, and a 3-year-old son.
— Kojo Aidoo, Petersburg, Va.
A. From what you write, you are not a U.S. citizen. The derivative-citizen rules that acquiesce a being to get automated citizenship back a ancestor naturalizes do not administer to stepchildren.
For you to accept claimed acquired citizenship through your mother, she would accept had to accept aborigine afore you angry 18.
Q. The CIS denied my acclimatization appliance on a technicality. Due to my negligence, I did not abode the denial. I absent my blooming agenda a continued time ago and never activated to alter it.
— John Ekweonu, Elizabeth, N.J.
A. If you charge a new permanent-resident agenda for appliance or biking purposes, administer for one appliance CIS Form I-90, Appliance to Alter Abiding Aborigine Card. If you don’t charge the card, you can administer afresh to naturalize, extenuative the time and amount of accepting a new card.
If you are actual that the U.S. Citizenship and Immigration Services denied your appliance on a “technicality,” you ability accept done the appropriate affair by not appealing. I admonish my audience to abode alone if they anticipate the CIS has abominably denied their appliance because the bureau interpreted the law wrong. That’s because generally you can get a new account based on a new appliance faster than the CIS will adjudge an appeal.
In a case area no acknowledged altercation exists amid the appellant and the CIS, filing a new appliance is the fastest way for the appellant to get U.S. citizenship. Good luck.
Send questions and comments to Allan Wernick, c/o King Features Syndicate, 888 Seventh Ave., New York, NY 10019. His Web armpit is: www.allanwernick.com, and his e-mail abode is: [email protected] Wernick is an advocate and administrator of the City University of New York’s Citizenship and Immigration Project. He is the columnist of “U.S. Immigration and Citizenship Your Complete Guide, Revised 4th Edition.”
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