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| Sun.11.1.2009 | Count Time Toward Citizenship From Date Of Residence Approval |
| Sun.10.25.2009 | Travel Advice For Former Asylee |
| Sun.10.18.2009 | Uscis Web Site Provides New Ways To Follow Your Case |
| Sun.10.11.2009 | More On The 2011 Green-Card Lottery |
Count Time Toward Citizenship From Date Of Residence Approval Q: The USCIS issued my green card in 2005 with an expiration date of 2015. However, the "residence since" date on the card is 2004. Do I count my time toward qualifying to naturalize based on the 2004 date or the 2005 date? — Name Withheld, Baltimore A: You count your time for qualifying to naturalize from the 2004 date. Permanent residents who interview for their immigrant visa in the United States count from the time the U.S. Citizenship and Immigration Services approved their adjustment-of-status applications. Those who interviewed at a U.S. consulate abroad count from the day they first entered the United States with their immigrant visa. TIME ABROAD IMPACTS NONIMMIGRANT'S RIGHT TO JOIN THE ARMY Q: I spent four months abroad getting a new H-1B visa. Will that keep me from joining the Army under the MAVNI program? I work as an associate scientist for a major research firm in New Jersey. I'm here in H-1B temporary professional worker status. I'd like to join the Army under the MAVNI program, but for a four-month period within the past two years I got stuck abroad applying for a new visa. The consular officer considering my visa application was waiting for a security clearance. When the clearance came through, I got the visa without any problems. If not for those four months, I could meet the two years here in nonimmigrant status requirement. — A., Plainsboro, N.J. A: You might qualify for the Military Accessions Vital to the National Interest (MAVNI) program despite your time abroad. The MAVNI guidelines disqualify anyone who goes abroad for more than 90 days in the prior two years. However, the military sometimes waives that requirement. If you want to join the Army, give it a try. The MAVNI program allows legal nonimmigrants, refugees and asylees, and individuals here in Temporary Protected Status for at least two years to join the military. Once a person joins, he or she is eligible immediately to apply for U.S. citizenship. Applicants must speak one of many needed languages or be a medical professional. You can find a list of languages at www.defenselink.mil/news/mavni-fact-sheet.pdf. Health-care workers can get more information by writing to the Army through its Web site at www.goarmy.com/info/mavni/healthcare. Other potential enlistees can inquire at www.goarmy.com/info/mavni. IMPACT OF FAMILY PETITION ON F-1 STUDENT Q: I am here in F-1 status. Will my status change automatically if my U.S.-citizen brother petitions for me? How long before I can become a permanent resident? I came to the United States to study for my master's degree. — A., Fairfield, Conn. A: Your status won't change if your brother petitions for you. You can stay here in F-1 international student status so long as you are complying with F-1 student rules. However, if when you travel abroad you need a new visa to re-enter the United States, you could have a problem. That's because to get an F-1 visa at a U.S. consulate, you must prove that you have "nonimmigrant intent." That is, that you will leave after your studies are complete. If your brother petitions for you, the consular officer may think you have an "immigrant intent," that you want to move to the United States. As for how long until you get permanent residence, my guess is between 12 and 20 years, depending on your nationality. That's because of the backlog in the category for the siblings of U.S. citizens. Send questions and comments to Allan Wernick c/o King Features Syndicate, 300 W. 57th St., New York, NY 10019. His Web site is: www.allanwernick.com. Allan Wernick is an attorney and a professor at Baruch College, City University of New York. He directs CUNY's Citizenship and Immigration Project. He is the author of "U.S. Immigration & Citizenship — Your Complete Guide, Revised 4th Edition." © 2009 by Allan Wernick Distributed by King Features Syndicate |