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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 |
Uscis Web Site Provides New Ways To Follow Your Case Q: My U.S.-citizen brother petitioned for me earlier this year. He received a filing receipt, but we have yet to get a petition approval notice. How long can we expect to wait? I'm from Mexico, but I have been living here for 14 years. — Carlos Mercado, Texas A: It may take a couple of years for you to get a decision on your brother's petition. Even after the U.S. Citizenship and Immigration Services approves the petition, you'll likely wait another 10 to 12 years before you qualify for permanent residence. That's because of the big backlog on the waiting list for the brothers and sisters of U.S. citizens. The wait is especially long for Mexicans. You and other readers will benefit from case-tracking features on the new USCIS Web site, launched last month. There, you can check the status of your case by entering the petition filing receipt number. You also can sign up for e-mail case updates. In addition, you can check typical processing times. That's how I found out that you'll likely wait up to two years to hear on your brother's petition. To check on a case or to get processing times, go to www.uscis.gov. Click on "Check Processing Times" on the left side of the page. 245I RULE NO HELP TO THIS FAMILY Q: My father petition for me in 2001 so I, my wife and my children could get permanent residence. In 2002, we came here on visitor's visas and never left. Can we get our green cards without leaving the United States? — H.A., Winter Garden, Fla. A: No. To get permanent residence, you'll have to return home and apply at a U.S. consulate. You'll face a 10-year bar to returning because you've overstayed so long. To get the bar waived you'd need to prove extreme hardship to a U.S.-citizen or permanent-resident parent. Some applicants for residence whose relatives petitioned for them no later than April 30, 2001, can interview here (the process called "adjustment of status"). They have that right under what is know as the 245i rule. However, individuals petitioned for after Jan. 14, 1998, but on or before April 30, 2001, must have been physically present in the United States on Dec. 20, 2000, to get 245i benefits. So, even if your father met the April 30, 2001, deadline, you can't interview here. NO AUTOMATIC GREEN CARD FOR WITHHOLDING OF REMOVAL GRANTEE Q: An immigration judge granted me withholding of removal. How can I get a green card? I came here illegally in 2002. In December of that year I applied for asylum. The USCIS didn't approve my application, but instead referred my case to the immigration court. In 2004, an immigration judge granted me withholding of removal. — A.B., Waterbury, Conn. A: You'll need to follow the same rules as other individuals seeking permanent residence. That means qualifying based on employment or a family petition. An immigration judge grants withholding of removal (formerly withholding of deportation) to individuals who fear persecution in their home countries but who don't qualify for asylum. Asylees automatically qualify for permanent residence after one year in that status. That benefit is not available for someone granted withholding. A judge might grant withholding instead of asylum for a variety of reasons — for instance, because the person had no excuse for applying for asylum more than a year after coming here. Or because the person had resettled in a country other than his or her own or he or she has a criminal record. 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 |