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ImmigrationTALK: Questions & Answers

May 12, 2012 News

By: Attorney Gail S. Seeram,

Through this “Question & Answer” column, our goal is to answer your immigration questions.  Many of you have questions on backlog time and eligibility – we seek to clarify these issues and more.  We appreciate your comments and questions.  If you have a question that you would like answered in this column, please email: [email protected].
Question #1:    I was returning to the U.S. as a permanent resident when the Officer at the border took me into a room, asked me some questions, and took away my green card. What does this mean?
Answer #1:     As a permanent resident, you must always apply for admission every time you return to the U.S.  Your travel history or maybe a prior criminal history may have prompted the Officer to take away from green card.  Next, you will either be scheduled for a deferred inspection interview at your local Custom and Border Protection office or you will receive a notice of hearing to appear in Immigration Court.  This is a serious situation and you should consult with an immigration attorney.
Question #2:     I owe some taxes to the Internal Revenue Service, can I still file for U.S. citizenship?
Answer #2:    I would advise to pay in full any taxes due and owing. When you file for U.S. citizenship one of the requirements you must meet is good moral character for the last five years (three years if married to a U.S. citizen). If you owe taxes, this will show that you lack good moral character and Immigration will have a ground to deny your U.S. citizenship application.
Question #3:    My U.S. citizen parent filed for me and I am unmarried. Can my child who is age 5 process under my pending application and come to the U.S. with me?
Answer #3:    Yes, but the required documents must be submitted to the U.S. Embassy proving you are a parent of the child. The child’s other biological parent must consent for the child to emigrate to the U.S.
Question #4:    My green card expires in two years, can I still travel with this conditional green card?
Answer #4:    Yes, a two-year green card gives you conditional residency but you have all the benefits of a permanent resident, such as traveling outside the U.S. and working.  The only limitation is that it expires in two years versus 10 years. Remember that 90 days before your card expires, you must file a petition to remove conditions or your status will be terminated and you can be placed in removal proceedings.

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