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ImmigrationTALK: Questions & Answers

Jan 08, 2012 News

By: Attorney Gail S. Seeram, 1-877-GAIL-LAW, www.GailLaw.com

In an attempt to answer your questions and share my answers with all the readers, we will print a special Saturday column dedicated to your questions.  If you have a question that you would like answered in this column, please email: [email protected].

Question #1:    Can my daughter who is age 16 and a U.S. citizen file for me?
Answer #1:     No.  A U.S. citizen can file or petition for his/her parent, however the U.S. citizen child must be age 21 or older.  This type of petition, where a U.S. citizen files for a parent is considered an immediate relative petition and a visa is available immediately (meaning there is no backlog).

Question #2:     During my interview for U.S. citizenship, I lied to the officer and was denied because of the lie.  When can I re-file for U.S. citizenship?
Answer #2:    Lying to an immigration officer is a serious offense.  I do not recommend anyone to lie to a federal officer.  You were denied because the officer found you to lack good moral character.  One of the requirements for U.S. citizenship is that you must possess good moral character.  My advice is to wait five (5) years from the interview date before reapplying for U.S. citizenship.

Question #3:    Can I marry while the immigrant petition filed by my parent is pending?
Answer #3:    It depends on whether the petitioner is a permanent resident or a U.S. citizen.  If the petitioner (person who filed the petition) is a permanent resident then you cannot marry because marriage would void the petition.  A permanent resident can only file for an unmarried child.  If the petitioner (person who filed the petition) is a U.S. citizen then you can marry.  Once you marry then the petitioner can change the preference category of the petition from first preference to third preference.  Note, the wait time for the visa may increase once you are married but then you and your spouse will be able to emigrate to the U.S.

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