Green Card by Debbie McGoldrick
Is it Too Late?
Posted on Wednesday, June 23, 2010 at 02:45 PM
- A ten year old green card, where do my family and I stand?
- Advice on the fast approaching 2015 U.S. visa lottery
- Sponsoring offspring to come to the United States, the V visa
- U.S. Citizenship and Immigration Services warns of phone scam
- How can I reclaim my expired Green Card that I received as a child?
“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.
U.S. citizens who come to the country must maintain a primary residence here, apply for naturalization, pass a U.S. civics test and personal interview, and be sworn in.
These requirements would have also been in place in the 1960s, and unless your cousin met all of them, the years she lived here would count for nothing now.
This is not an uncommon story. The Irish have always been among the slowest of nationalities to convert permanent legal status to that of naturalized American citizen.
This column has received letters in the past from people like your cousin who lived here long-term and would have been absolutely eligible for citizenship if they took the time to apply.
But they left without citizenship, and without using safeguards to protect their legal status for a temporary period of time in the event things didn’t work out at home and they wanted to return here.
Those people, unfortunately, would basically be starting from scratch, having to secure legal status all over again – a daunting and oftentimes impossible task.
There’s just one thing in your letter – you say that your cousin got married. Did she marry an American citizen, or a foreigner?
We’re assuming the latter, but if she married an American her daughters would very likely have a claim to U.S. citizenship.
“I have a green card that I received in October of 2007. I am married to an American. I would like to return home to Ireland for the summer, and possibly until the end of the year or beginning of next. Would this in any way jeopardize my green card?”
Likely not, though if you’re married to an American and the marriage was less than two years old at the time you were issued permanent residence, you would have received it on a conditional basis for two years, which means that this fall, you’ll have to apply to remove the condition to make the card permanent.
This process can be done by mail, but the U.S. Citizenship and Immigration Service could call you and your husband for an interview, so that’s something you’ll need to bear in mind.
Make sure and apply to remove the condition in the 90 day period preceding the expiration of your current green card. Visit www.uscis.gov for complete details on the process for doing so.
Green card holders who leave the country for more than six months but less than a year could be questioned by a U.S. Customs and Border Patrol agent upon return; specifically, they could be asked to prove that a permanent residence was maintained here during the absence.
Though you are absolutely entitled to leave the U.S., your “base,” so to speak, must always be here.