Questions about citizenship & marriage (green card, unemployment, website, Attorney)

[keljohns]

My fiance was brought to this country when he was two months
old. We want to get married soon, but know NOTHING on going about doing this. Somebody please help.

[Rance]

Go through the links in the first thread.

[sponger42]

Did your fiance enter the country legally or was he brought across by people who entered unlawfully?

Are you a US citizen?

What is his status? Does he have a social security number? Has he or anyone ever filed any sort of immigration papers--including for a tourist visa--for him?

If he was brought over by an illegal alien, then he is an illegal alien and will have to return to his home country first before you can apply for a green card for him. I think if he voluntarily leaves the wait might be as short as 1-2 years before he can re-enter. Maybe less than a year.

If he entered legally (even on a long-expired tourist visa or whatever), then he can stay in the country and get a green card about 1 year after you are married.

The book "Fiance and Marriage Visas" has everything in it that you need to know. Watch out for sleezy immigration lawyers if you do decide to get legal help. There are a lot of them, and they will both take your money and ********* over if you get the wrong one.

[Marisete]

Hello,
Does anyone knows how a person applying for citizenship could be denied this right, if this person is
economically not doing well? I mean if the applicant has lost a job and right now is receiving some housing assistance. Please, advise on this. Thanks!

[malamute]

Applying for citizenship may be a right but being guaranteed it certainly is not a right.

If someone isn't making it in this country, then they should consider going back home. The last thing we need is to import a whole bunch of people that need someone else to pay for their housing, too many Americans have needs that must come first.

[malamute]

Originally Posted by keljohns

My fiance was brought to this country when he was two months
old. We want to get married soon, but know NOTHING on going about doing this. Somebody please help.

If he's here legally, there's no problem. Check with the INS website on the forms you need marrying a legal US resident.

If he's here illegally, he needs to be careful trying to go the green card marriage because it doesn't always give you a pass.

[sponger42]

Originally Posted by Marisete

Hello,
Does anyone knows how a person applying for citizenship could be denied this right, if this person is
economically not doing well? I mean if the applicant has lost a job and right now is receiving some housing assistance. Please, advise on this. Thanks!

I have no idea about the citizenship process. I only know about the Permanent Residency (PR aka Green Card) process. Sorry.

I assume that you already realize that you must first be a PR for many years before applying for citizenship.

I suspect that a PR who has taken recourse to public funds has violated the terms of his residency and will not only be denied citizenship, if alerts USCIS to his situation through a citizenship application, but may have his green card revoked and be deported.

The best idea for the person is to find a financial sponsor who will fill out the paperwork and agree to support this person at or above the poverty level. The US allows retirees or children or handicapped to emigrate (and probably those who simply can't find work), but they must show financial support and that they won't become a ward of the state. Parents and immediate relatives are a good place to look for financial sponsors.


Malamute: To the best of my knowledge, no illegal can apply for a Green Card through marriage without first returning to their home country for several years. Even if they are already married and living here. This situation prevents many illegals who could legalize (because they've married a citizen) from doing so, because they would have to be away from their family in the US for 2-10 years.

[henrikky]

it looks like my best bet would be to find a immigration lawyer to take care of everything.

If u want an immigration attorney to handle your case, I'd suggest contacting AILA and finding one that way. You can take a look at their web-site www.aila.org.

2 months vs. 15 months: 2 months for Employment Authorization and 15 months to get through the Green Card process. That would sound about right (it depends of what District Office you'll be dealing with - some are faster than others).

[STT Resident]

Originally Posted by sponger42

I suspect that a PR who has taken recourse to public funds has violated the terms of his residency and will not only be denied citizenship, if alerts USCIS to his situation through a citizenship application, but may have his green card revoked and be deported.

Totally untrue. A permanent resident alien (Green Card holder) pays the same taxes as any US citizen, pays into unemployment and social security exactly the same way and is entitled to the same benefits as a US Citizen where unemployment, etc. is concerned, as long as they have paid into the system and met the same criteria as required of a US Citizen. The main restrictions for a PRA is the ineligibility to vote in any US election or hold any government position. And if a PRA leaves the USA, he or she is required to return within one year in order to maintain the PRA status.

[BrianH]

Originally Posted by STT Resident

Totally untrue. A permanent resident alien (Green Card holder) pays the same taxes as any US citizen, pays into unemployment and social security exactly the same way and is entitled to the same benefits as a US Citizen where unemployment, etc. is concerned, as long as they have paid into the system and met the same criteria as required of a US Citizen. The main restrictions for a PRA is the ineligibility to vote in any US election or hold any government position. And if a PRA leaves the USA, he or she is required to return within one year in order to maintain the PRA status.

I am a PRA and that is correct.
My attorney advised me not to get medicaid and other things if I intended to become a citizen or apply to extent the green card as "it may look bad". You can be turned down for any reason. Luckily I have worked since day one of my Working Visa and had insurance so never needed it.

I think a post asked about a sponsor losing their job ? If somebody is applying to be a PRA they need a sponsor (usually the US born wife or husband) but they need to be financially secure if I remember correctly. Part of the process for PRA status was to make sure, if I cannot work, that my wife can support me financially and I will not be a drain on the system. Things may have changed since then (5 years I think) but I doubt it.