Reclaiming status after green card expires

There's a possibility that your expired green card could be reclaimed, but as you’ve since entered the U.S. as a temporary visitor instead of a permanent resident it will be difficult to lay claim to it.

Permanent resident status means exactly that – the holder must make the U.S. the primary place of residence in addition to complying with a number of other regulations, including U.S. tax laws.

Can I sponsor a member of my own family?

"My parents lived illegally in America for roughly two years in the late 1980s before returning to Ireland. I was born in Boston in 1989, and I have an American passport which I am extremely grateful for.  I also have a younger sibling born in Ireland, so basically I am the only one of my family who would be considered as legal over there.  My parents would both like to return to the U.S. – they are 49 years old – and so would my sibling.  I’m pretty sure that my American citizenship would be of use to them as far as legalization, but we’re not sure how to proceed. What do you think we should do?”

You are indeed fortunate to have been born here, and yes, your citizenship will be of benefit to your family, but it will take some time and effort to secure legalization, especially in the case of your sibling.

Because you are a U.S. citizen over 21 years old you will be able to sponsor your parents for a green card as an immediate relative, which means that the processing time will be significantly shorter, a matter of months as opposed to years provided that all requirements are met.

How to give up your Green Card - surrendering your status

What the E3 visa would mean for Irish - Explaining what the visa currently before Congress would involve

How to go about getting a nursing visa

It used to be true that nurses had an easier path to legal status here – actually, easier isn’t the correct word to use, but rather, there used to be a dedicated visa category, the H-1C, devoted solely for nurses.

The H-1C category was created in 1999 as part of an act called the Nursing Relief for Disadvantaged Areas Act. The category was designed specifically to address the shortage of nurses in designated disadvantaged areas throughout the U.S., including inner cities and some rural locations.

Can I sponsor my new girlfriend and her children?

Can US citizens help get their Irish children visas?

From the information you’ve provided in your letter, it’s probably going to be impossible for you to secure legal status here for your birth daughter, even though you are a U.S. citizen and the two of you have resumed contact after a presumably long period apart.

When your daughter was adopted at birth, at that time you would have surrendered all legal rights to her.  Her adoptive parents are therefore her legal parents under the eyes of the law, and that includes U.S. immigration law.

Green Card - Is my old Social Security number still valid?

Sponsoring for a Green Gard visa - EB-3 or H-2B?

Long-term stay - extending your 90-day visa in the USA

Getting to America - denied because of 214(b) requirement

Getting US passports for your Irish born children

Diversity green card lottery underway

Applications can only be lodged electronically via Form DS-5501, available only through the State Department’s DV website at www.dvlottery.state.gov.

The 50,000 green cards on offer for fiscal year 2013 are not – repeat, not – available to undocumented residents of the U.S.  It’s quite usual around this time of year for immigration-related agencies and what not to offer services “guaranteeing” success in the lottery – some of the come-ons are particularly enticing, promising results no matter what the circumstances.

Advance Parole - travelling while your visa is being processed

It is possible for people who awaiting processing in the U.S. to travel abroad using a U.S. Citizenship and Immigration Service document called advance parole – but in your case it would be extremely unwise to do this as you could jeopardize your future here if you leave without first being approved for permanent resident status through your marriage.

Advance parole is available for those who are adjusting status while in the U.S. from non-immigrant to permanent resident. While an adjustment of status case is pending, an applicant is not permitted to leave the U.S. without advance parole. Departing without parole is considered to be an abandonment of the case, and the applicant could be considered inadmissible when attempting to re-enter the U.S.

No Irish need apply? Ingratiating yourself with US employers

It's a hard question to answer in general, but it’s safe to say that yes, there are U.S. employers willing to go through the process of sponsorship for foreign employees, even though the recession has taken grip here as well and native U.S. citizens are unemployed.
Yes, as you say the sponsorship process can be a hassle – we’ve done it here for Irish hires in the past, and the process can be quite involved, not to mention expensive between paperwork filing fees and lawyer costs.

You mention sponsorship for a green card, and as you say, you’d need an employer to initiate this process on your behalf.  (There are cases where workers do not need to secure sponsorship to obtain a green card, but the applicant must have what’s known as “extraordinary ability” which definitely doesn’t apply for recent college grads like yourself.)

Citizenship denial - ineligibility due to absence from US

Registry Legalization - Immigration grants for undocumented

“I was reading on a website about a way that immigrants who are undocumented could get legal if they had been in the country since the 1970s.  I didn’t do much research because it seemed ridiculous.  Is this true? Why would such a law exist? It seems like it wouldn’t help anyone.”

Those who can avail of registry must have entered the U.S. prior to January 1, 1972 and have lived here ever since. At this point in time, 38 years on, it’s highly doubtful that registry provides a means to permanent legal status for anyone, but 60,000 people have become legal through the mechanism since 1985.

Part 2 -The US Citizenship Quiz - Would you pass the US naturalisation interview?

This is the last of our annual two-part summer feature on the 100 questions U.S. naturalization candidates can be asked during a citizenship interview, as provided by the U.S. Citizenship and Immigration Service.

Here are the last 50, with acceptable answers. For more information on naturalization, visit www.uscis.gov.
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READ MORE:
Part 1: Take our US Citizenship Quiz 

Five Irish immigration reform leaders meet with the White House

Take our US Citizenship Quiz - Would you pass the US naturalisation interview?

Would you pass the interview?
Here's is our annual two-part summer feature on the 100 questions U.S. naturalization candidates can be asked during a citizenship interview, as provided by the U.S. Citizenship and Immigration Service.

Here are the first 50. Next week’s issue will contain the remaining 50.

1. What is the supreme law of the land?
2. What does the Constitution do?
3. The idea of self-government is in the first three words of the Constitution. What are these words?
4. What is an amendment?
5. What do we call the first 10 amendments to the Constitution
6. What is the one right or freedom from the First Amendment?
7. How many amendments does the Constitution have?
8. What did the Declaration of Independence do?
9. What are the two rights in the Declaration of Independence?
10. What is freedom of religion?
11. What is the economic system in the U.S.?
12. What is the “rule of law”?
13. Name one branch or part of government.
14. What stops one branch of government from becoming too powerful?
15. Who is in charge of the executive branch?
16. Who makes federal laws?
17. What are the two parts of the U.S Congress?
18. How many U.S. senators are there?
19. We elect a U.S. senator for how many years?
20. Who is one of your state’s U.S. senators now?
21. The House of Representatives has how many voting members?
22. We elect a U.S. representative for how many years?
23. Name your U.S. representative.
24. Who does a U.S. senator represent?
25. Why do some states have more representative than other states?
26. We elect a president for how many years?
27. In what month do we vote for president?
28. What is the name of the current U.S. president?
29. What is the name of the current U.S. vice president?
30. If the president can no longer serve, who becomes president?
31. If the president and vice president can no longer serve, who becomes president?
32. Who is the commander in chief of the military?
33. Who signs bills to become laws?
34. Who vetoes bills?
35. What does the president’s cabinet do?
36. What are two cabinet level positions?
37. What does the judicial branch do?
38. What is the highest court in the U.S.?
39. How many justices are there on the Supreme Court?
40. Who is the chief justice of the U.S. Supreme Court now?
41. Under our Constitution, some powers belong to the federal government. What is one power of the federal government?
42. Under our Constitution, some powers belong to the states. What is one power of the states?
43. Who is the governor of your state now?
44. What is the capital of your state?
45. What are the two major political parties in the U.S.?
46. What is the political party of the president now?
47. What is the name of the speaker of the House of Representatives now?
48. There are four amendments to the Constitution about who can vote. Describe one of them.
49. What is one responsibility that is only for U.S. citizens?
50. Name one right only for U.S. citizens.

Be aware of online visa lottery scams - tell tale signs

The notices went out in error, however – several Irish were notified and subsequently lost a court case to have their cases processed – and the State Department announced that it would notify new winners on or around July 15 of this year.

Scammers took note, of course.  One of the “winning” notifications last week was sent to Evelyn Tiernan, a writer for our sister website Irish Central, who couldn’t contain her joy at finally realizing her American dream.

Sponsoring a stepchild after marriage

You are correct in saying that after your marriage, you will be able to act as a sponsor to legalize your Irish girlfriend.  You can sponsor her as an immediate relative, which means the processing time will be significantly shorter than the other family preference categories.  Her period of illegality here will also be waived, an option not available to those using the preference categories.

With regards to her son, if you want to adopt him that’s a whole other issue aside from how you will be able to help him gain legal status.  The adoption process can take time and money, and given that the child’s father is still alive he’s going to have to also be involved.

DNA testing not standard when applying for child’s visa

Perks to having had legal status in the past?

“I loved America very much and wouldn’t mind at some point returning there myself as my marriage broke down several years ago. I don’t know if I would ever make the move, but if so, could I make use of my green card? I know it’s a long-shot, but perhaps the U.S. looks kindly upon people who used to live there legally and want to do so again.”

The green card that you had several decades back lost its validity a long, long time ago.   Once a permanent resident leaves the U.S. and does not take steps to protect legal status for future use the status becomes null and void, as does the green card that proved a legal right to live and work here.

USCIS launches citizenship drive

The most recent immigrant population report, for the year 2009, showed that there are an estimated 12.5 legal permanent residents (green card holders) residing in the U.S., and 7.9 million of them are now eligible to apply for naturalization.  The USCIS initiative is aimed at encouraging them to become Americans.

“Citizenship is the common thread that connects us all as Americans. This initiative emphasizes the importance of citizenship—not only to immigrants and their families but also to our nation as a whole,” said USCIS Director Alejandro Mayorkas. “This effort marks a new milestone in USCIS’s outreach to lawful permanent residents.”

Moving to Ireland - employment, health insurance and residency

“What could I expect if I went to live in Ireland for long-term period of time – at least a year and probably longer?  Two of my grandparents are Irish, and I’ve taken many trips there.  Would I be eligible for things like jobs and health insurance, which I understand is standard for everyone in Ireland?  What would I have to do to establish residency in Ireland?”

You could expect an Ireland that in many ways resembles the one you’ve undoubtedly encountered on your many trips – beautiful and welcoming – but one that is also beset with many modern day problems, such as a collapsing economy and high unemployment.

As you have at least one grandparent who is an Irish citizen, you will be able to acquire Irish citizenship through this link, if you haven’t already done so.  It’s vital that you secure Irish citizenship prior to your move, because as a citizen you’ll be entitled to legally live and work in Ireland.

Hiring a Nanny

“MY daughter recently had a child. She is an American citizen, as is her husband. Both of my parents were born in Ireland, and I have an Irish passport.  A first cousin’s daughter who lives in Dublin would love to come to the U.S. to be a nanny for my daughter’s family. She will turn 20 this summer, and doesn’t have any serious job to speak of back home. We would happily provide her with room and board and a salary. She is a great girl and we’d love to get her out here legally. Being illegal isn’t an option because she is very close to her family back home and would want the chance to be able to see them. How can we go about getting her legal? Is it even possible? We see lots of ads for ‘legal’ nannies for hire, so how can we get our cousin to be one of those?”

IT’S very, very difficult to sponsor a foreign-born nanny for legal status in the U.S., not to mention quite costly. First, about those ads you see for legal nannies for hire – perhaps the agency placing the ad has recruited candidates who are legal residents or even U.S. citizens.

Also, many of these placement agencies make use of a J-1 visa program run by the State Department that is specifically geared towards au pairs. Perhaps this J-1 option is one that your family might consider, but it’s not without its significant limitations. Basically, your cousin would have to register with a State Department-approved sponsor organization, which would then act as a J-1 visa sponsor. Those availing of the J-1 au pair program must have the equivalent of a U.S. high school degree, must speak English, be between the ages of 18 and 26, and must have at least 200 hours of documented infant child care, if caring for a child younger than two.  The au pair must also plan on studying while here, and commit to completing six hours of academic credits.  There are also a host of other requirements which can be further researched at http://exchanges.state.gov/jexchanges/programs/aupair.html.

It’s Tax Time!

What does filing time mean for the undocumented population in the country?  We’ve been asked time and time again if undocumented residents are obligated to file tax returns, and the answer is a resounding yes.

“Foreign workers who are illegal aliens (undocumented aliens) are subject to U.S. taxes in spite of their illegal status. U.S. employers or payers who hire illegal aliens (undocumented aliens) may be subject to various fines, penalties, and sanctions imposed by the U.S. Department of Homeland Security,” says a notice on the website of the Internal Revenue Service, www.irs.gov.

Undocumented time

But it’s best that when you leave here in the spring that you depart with knowing the facts – chief among them is that, yes, if a visa opportunity ever did arise in the future, the time that you’ve spent here undocumented would indeed prevent you from securing legal status.

Here’s the situation – those who reside in the U.S. for at least six months (180 days) without documentation but less than a year (365 days) face a three-year ban from re-entering the U.S. after they depart the country; those who have lived here for more than a year without status face a 10 year re-entry bar.

Applying for a visa after being barred

Your quest for legalization is going to prove very problematic, even if you marry a U.S. citizen. Becoming legal isn’t an impossibility, but you’re going to have to take a long-term view that will very likely involve significant time outside the U.S.

This column will provide brief generalities about situations such as yours, but it’s imperative that you speak to an immigration lawyer before proceeding with any course of action.

Should I travel?

“I was 10 years of age when my parents won Morrison visa green cards in 1994. We moved to Florida for two years at that time and then we returned to Ireland. I moved back to Florida in 2008 and entered the U.S. on a tourist visa as I thought my green card was out of date. I did not think I would stay here, but I started to work and then I applied for a renewal of my green card. I was successful and now have a new card.


“I want to go home on a visit, but I am a little apprehensive as the only stamp I have in my passport is the one entering the U.S. with a tourist visa in 2008. I am afraid that if I went home and came back to the U.S., I wouldn’t be allowed to re-enter even though I have a valid green card. What do you think I should do?”

It depends on what your long-term intentions are, and judging from your letter, it seems as if you want to make the U.S. your permanent base.

You likely realize that you are lucky to have had your green card renewed (green cards expire every 10 years and have to be replaced with the current model), given the many years you spent outside the country. Given this reality, it is important to exercise great caution when it comes to travel.

Working in Ireland & a restaurant worker - visas explained

“I remember reading a while ago, maybe a couple of years ago, that Americans without any family connections to Ireland could travel there and work if they apply for a special visa exchange program between our country and Ireland. Is this still in effect, given that Ireland’s economy is so bad? I am Irish American with an Irish passport, and a friend and I were thinking of moving to Ireland to check out our opportunities there. I guess it would be very helpful if she had a working visa as I assume it would be hard if not impossible for her to get a job otherwise.”

The information you read in 2008 still stands today, even though the Irish economy has taken an almighty battering since that time. In 2008 Ireland and the U.S. signed a reciprocal visa agreement that allows citizens from both countries to travel to Ireland or the U.S. for 12 months on a working holiday visa.

Ireland has similar working holiday authorizations with a number of other countries, including Argentina, Japan, Canada and New Zealand.

The ins and outs of a marriage visa in the United States

“I know it’s possible for an American national to marry a foreign alien and legalize the alien in the process. What are the ramifications of this process? How long will it take after the marriage for the green card to be issued so that he can legally work in the U.S.?”

The ramifications are quite beneficial for the alien – legal status in the U.S. and all that it confers, such as the right to employment and travel abroad.

Visa denials

“He has no intention of staying on in the U.S. beyond two or three weeks. He was coming for a holiday and a change of pace, but it seems like this is an impossible dream. What can someone like him do to get a visa? My family and I would provide room and board for him during his stay, but this doesn’t seem to matter at the U.S. Embassy. Are they cracking down on visas because of the recession in Ireland?”

Section 214(b) of the Immigration and Nationality Act reads in part: “Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status.”

Reinstating a visa case with the State Department in Washington

You don’t say how many years have passed since your mother declined the offer of a green card through her U.S. citizen sister. The time line is crucial for establishing whether she still has a claim for legal permanent residence here.

According to Bruce Morrison, prominent U.S. immigration attorney and author of the Morrison green card program back in the 1990s that granted nearly 50,000 visas for Irish citizens, an applicant who does not respond to an approved petition for permanent residence within one year of receiving such notice is subject to a procedure called termination of registration.

Coming to America

“While we would be waiting for our green cards could she secure for us both non-permanent work visas so that we could live and work in the U.S. in the meanwhile? If this is possible, how long do the non-permanent work visas allow you to stay in the U.S? Can they be renewed again and again until the green cards are secured? How long would it typically take for her to secure the non-permanent visas for us?”

This column is receiving plenty of emails from Ireland these days as the recession tightens its grip on the country. Many of the emails are looking for quick ways out of the country . . . but securing legal status in the U.S. is a painstaking process that takes lots of time.

Visa waiver issues

The visa waiver program allows natives of 36 countries – Ireland, Britain and many other European nations among them – to enter the U.S. without a visa for business or pleasure stays of up to 90 days.

Those traveling under the program should know that they cannot extend their stay in the U.S. beyond 90 days . . . unless a documented, serious emergency arises, in which case the traveler can apply for “satisfactory departure” which would, if approved, allow for a further 30 day stay in the U.S.

Social security issues and change of address

Social security issues

“I lived in the U.S. 10 years ago with a green card. Unfortunately, I never bothered to apply for citizenship when I had the chance. I am back in the U.S. now, and I have a couple of questions. First, is the Social Security number that was issued to me all of those years ago still valid, and can I use it for work purposes, and to also obtain a driver’s license? If I use a Social Security number for work, will the U.S. government have any way of knowing that I let my green card lapse and that I’m now here illegally?”

The Social Security number that you received all those years ago is still valid and will always be valid. As you were a permanent resident at the time the card would have been issued without restriction – the Social Security Administration also issues cards to temporary residents that clearly note the card’s validity for work only with Department of Homeland Security authorization, and to non-citizens whose cards note that they are not valid for employment at all.

U.S. Visas: Re-entry permit usage and H-4 visa work

We advised the person to apply for, prior to his departure, an I-131 re-entry permit from the U.S. Citizenship and Immigration Service. The permit allows permanent residents to reside outside of the U.S. for up to two years without jeopardizing legal status.

While the re-entry permit allows for long-term absence, immigration attorney (and Morrison visa creator) Bruce Morrison contacted us to further point out that those holding re-entry permits must also adhere to the other requirements of permanent resident status during their time away – i.e., the maintenance of a U.S. domicile which is intended as a permanent abode, and compliance with U.S. tax law.

Visa sponsorship - early application

“I have what might seem like a bizarre question. I have a son in America who just received a green card; he married an American citizen, and is very happy. My daughter here in Ireland is almost 16 years old and wants very much to live in the U.S. when she completes her studies. We have done lots of research on how to get her a visa, and it seems as if my son, when he eventually becomes a U.S. citizen, will be able to sponsor her for a green card. But on the downside, it will take many years to process. I had a thought – can he submit the paperwork for his sister right now, even though he still is not a citizen? My reasoning is that by the time she would be called for a green card, he would have earned his U.S. citizenship. Starting the paperwork now would eliminate a good portion of the waiting time in the future, it seems to me. Can this be done?”

Definitely not. Your son will have to wait until he actually becomes a U.S. citizen – once he’s married for three years to his wife he can apply, and it shouldn’t take more than a few months to process, provided he meets all requirements – in order to initiate the sponsorship process for his sister.

Re-entry permit usage

In a July column a reader who owns a green card asked about a long-term (more than one year) absence from the U.S., and how he could preserve his permanent resident status here during his time away.

We advised the person to apply for, prior to his departure, an I-131 re-entry permit from the U.S. Citizenship and Immigration Service. The permit allows permanent residents to reside outside of the U.S. for up to two years without jeopardizing legal status.

While the re-entry permit allows for long-term absence, immigration attorney (and Morrison visa creator) Bruce Morrison contacted us to further point out that those holding re-entry permits must also adhere to the other requirements of permanent resident status during their time away – i.e., the maintenance of a U.S. domicile which is intended as a permanent abode, and compliance with U.S. tax law.

In the U.S and want to stay - visa options

“I am Irish, and I’m currently legally living and working in Florida. My current visa is up in December, and like many Irish people here I do not want to return home at the moment.

100 questions U.S. naturalization - part 2

Following is the last of our annual two-part summer feature on the 100 questions U.S. naturalization candidates can be asked during a citizenship interview, as provided by the U.S. Citizenship and Immigration Service.

Here are the last 50, with acceptable answers. For more information on naturalization, visit www.uscis.gov.

100 questions U.S. naturalization - part 1

Following is our annual two-part summer feature on the 100 questions U.S. naturalization candidates can be asked during a citizenship interview, as provided by the U.S. Citizenship and Immigration Service. Here are the first 50:

How child born in Ireland can be U.S. citizen

“I received a Morrison green card in 1993. I stayed in the U.S. for six years and also became a citizen during that time, as did my husband. We had a daughter born in New York, and had a child after we returned home.

“Now we are thinking of returning to the U.S. because my husband lost his job here and I am also unemployed. We are worried about the status of our youngest daughter born here. Someone told me that because my husband and I are citizens that she is also a citizen, but that doesn’t seem right to me. How will we be able to get her to the U.S. legally?”

The information you received about your youngest child being a U.S. citizen at birth is correct, believe it or not.

Marital problems and travel authorization

Is it Too Late?

“My cousin lived in Massachusetts for many years in the 1960s She paid taxes and got married. Although she qualified for being a U.S. citizen she never signed the papers. Is it too late for her to sign the papers to become a U.S. citizen? Her daughters want to come here and work legally. If their mom is a U.S. citizen could they file paperwork too?”

Your cousin who lived here in the 1960s is not a U.S. citizen and, from the information you’ve provided, has no claim on U.S. citizenship, even though she lived here for several years and complied with tax laws. Therefore, her daughters also have no entitlement to U.S. citizenship.

Immigration Fee Hikes

Get ready for a new round of fee increases for the vast majority of immigration benefits available from the financially strapped U.S. Citizenship and Immigration Service (USCIS) – but those applying for naturalization will be spared any hikes.

Dual Citizenship

“I am an Irish American whose maternal grandparents were born in Ireland. I have all of their birth and marriage records from a previous trip I took over there. I know that I can become an Irish citizen, but I’m hesitant to do so because a friend (a non-Irish one) told me that if I pursued citizenship of another country, my U.S. citizenship could be affected and even taken away from me. While I’m dearly proud of my Irish roots, I would never want anything like this to happen. Is this true or not? I’m sure many others out there would wonder as well.”

Dual Citizenship

“I AM an Irish American whose maternal grandparents were born in Ireland. I have all of their birth and marriage records from a previous trip I took over there. I know that I can become an Irish citizen, but I’m hesitant to do so because a friend (a non-Irish one) told me that if I pursued citizenship of another country, my U.S. citizenship could be affected and even taken away from me. While I’m dearly proud of my Irish roots, I would never want anything like this to happen. Is this true or not? I’m sure many others out there would wonder as well.”

Green Card: Selective Service snafu

Can failure to register with Selective Service cause problems with an application for naturalization? Most definitely.

A male friend, 28 years of age, recently went for a naturalization interview in New York, but had his request for citizenship temporarily denied because he did not register for Selective Service during the required time period.