Does a petition of a Us citizen parent to an adult son die when the us citizen parent die? Parent is fr. Phil.

Question

I am a green card holder who petitioned my son last April, 2001. I am now eligible to appy for US citizenship. When I apply and I get my citizenship certificate, when the priority date of my son comes, I know I can use my status as a green card holder to be able to process my sons paper faster. When I die and my status is already a naturalized US citizen, I've heard that the petition of my son can still continue? Is this true?

Answer 1

The petition is automatically revoked when the petitioner/sponsor dies. You can ask to have the case reopened for humanitarian reasons but they don't automatically do it.

But if you are a citizen and his priority date is current, he could get his residence within a year or so. Are you planning to die soon? If you do die before he gets his green card, he may be out of luck.

Answer 2

Yes to first question and no to last question it's not true, unfortunately petition dies with you, have seen it too many times and green card holders cannot make process faster apparently you heard this from the same source. and when you refer to Phil. I am assuming you mean Philippines, if so this country has the hugest backlog of visa availability, in other words it takes much longer to immigrate from there than any other place in the world.

Answer 3

I think it can affect his case, but he or a guardian if he is under age, will have to try to file documents stating you died, but you want to keep the file open.... I have heard it can be done.... and i know is it done for spouses, so I assume kids can also get the same privilage especially if they have family in the USA, if possible make sure you have this re-planned if you know you are dying or something,

Answer 4

I understand that if it takes so long he comes of age his coming of age won't be held against him, so perhaps your no longer being alive won't be held against the petition either. You should check with the immigration service, however. They should be able to tell you with more certainty.

Answer 5

yes

Answer 6

I don't think so

Answer 7

Immigration

Frequently Asked Questions
Contents reprinted from LawInfo.com

(1) What is a Visa? A visa is a permit to apply to enter the United States. If needed, it is normally obtained at an American consulate outside the United States. It classifies the visit as business, tourism, etc. and is usually valid for multiple visits to the United States during a specified period of time. An immigrant visa is given to someone who intends to live and work permanently in the United States. In most cases, your relative or employer sends an application to the INS for you (the beneficiary) to become an immigrant. (Certain applicants such as workers with extraordinary ability, investors, and certain special immigrants can petition on their own behalf.) A nonimmigrant visa is given to someone who lives in another country and wishes to come temporarily to the United States for a specific purpose. Nonimmigrant visas are given to people such as tourists, business people, students, temporary workers, and diplomats.

(2) Do I need a Visa? Anyone who is traveling to the United States to become an immigrant must have an immigrant visa. In addition, most people who want to travel to the United States as a nonimmigrant require a visa. Under the Visa Waiver Pilot Program, nationals of participating countries do not require a visa to apply to enter the United States as a visitor for business or pleasure (B-1 or B-2 visa categories), if staying for no more than 90 days, and if not inadmissible (see INA 212 (a)). In addition, Canadians do not generally require a nonimmigrant visa unless they are coming to the United States as a Treaty Trader. Some other categories of aliens do not require visas. Please see 8 CFR 212.1 for more information.

(3) How do I apply for a Visa? For the following nonimmigrant categories, you should apply directly with the Department of State (which oversees all American consulates):

A - Diplomatic and other government officials, and their families and employees.
B - Temporary visitors for business or pleasure.
C - Aliens in Transit
D - Crewmen
E - International Traders and Investors
G - Representatives to international organizations and their families and employees.
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
R - Religious Workers

For all other nonimmigrant visa categories, and for all immigrant visas except those won through the Diversity Visa Lottery Program, you must first apply with the Immigration and Naturalization Service. After receiving approval from the INS, you then must go to your local U.S. consulate to complete your processing.

(4) Who is eligible to sponsor their spouse? A U.S. citizen or lawful permanent resident may apply to bring a husband or wife to live and work permanently in the United States. If you are a lawful permanent resident your spouse must have an immigrant visa number available to become a permanent resident.

If you were married to your spouse before you became a permanent resident, your spouse may be eligible to receive following-to-join benefits. This means that you would not have to submit a separate INS Form I-130 (Petition for Alien Relative) for your spouse, and your spouse would not have to wait any extra time for an immigrant visa number to become available.

(5) How do I bring my spouse to live in the United States? Your spouse must go through a three-step process to become authorized to live and work in the United States. First, the Immigration and Naturalization Service must approve an immigrant petition (application), Form I-130 Petition for Alien Relative, that you file for your spouse. Second, the State Department must give your spouse an immigrant visa number, even if your spouse is already in the United States. Third, if your spouse is already in the United States, your spouse may apply to adjust to permanent resident status. If your spouse is outside the United States, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

If you are a U.S. citizen, your spouse is considered an "immediate relative" and will need to apply for an immigrant visa. In order to receive an immigrant visa your relationship with your spouse must be established and your spouse must be admissible to the United States under the immigration law. You must file a Form I-130 Petition for Alien Relative on your spouse's behalf. Your spouse may file a Form I-485 Application for Adjustment of Status to Permanent Resident at the same time.

If you have been married less than two years when your spouse is approved for permanent residence, your spouse will receive conditional permanent resident status. You and your spouse must apply together to remove the conditions on residence.

(6) How do I remove the conditions on permanent residence based on marriage? A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country. If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement.

In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country. If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did.

(7) How can I get a waiver of the requirement to file a joint petition? If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

(8) What if I am late in applying to remove the conditions on residence? If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the Service will order removal proceedings against you. You will receive a notice from the Service telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the Service is not responsible for proving that you did not comply with the requirements).

You may request a waiver of the joint petitioning requirements if:

Your deportation or removal would result in extreme hardship.
You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.

You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.


(9) Will my spouse be eligible for a work permit? Your spouse does not need to apply for a work permit after admission as an "immigrant" with an immigrant visa or after adjustment to permanent resident status. As a lawful permanent resident, your spouse should receive an alien registration card that will prove that your spouse has a right to live and work in the United States permanently. If your spouse is now outside the United States, your spouse will receive a passport stamp upon arrival in the United States. This stamp will prove that your spouse is allowed to work until an alien registration card is created.

(10) Who is eligible for a fiancé visa? U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé classification (K-1) for their fiancé. You and your fiancé must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé in person within the last two years before filing for the fiancé visa. This requirement can be waived only if meeting your fiancé in person would violate long-established customs, or if meeting your fiancé would create extreme hardship for you. You and your fiancé must marry within 90 days of your fiancé entering the United States. You may also apply to bring your fiancé's unmarried children, who are under age 21, to the United States.

(11) How do I bring my fiancé to the United States? If your fiancé is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with INS on behalf of your fiancé. After the petition is approved, your fiancé must obtain a visa issued at a U.S. Embassy or consulate abroad.

The marriage must take place within 90 days of your fiancé entering the United States. If the marriage does not take place within 90 days or your fiancé marries someone other than you (the U.S. citizen filing INS Form I-129F - Petition for Alien Fiancé); your fiancé will be required to leave the United States. Until the marriage takes place, your fiancé is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé may not obtain an extension of the 90-day original nonimmigrant admission.

If your fiancé intends to live and work permanently in the United States, your fiancé should apply to become a permanent resident after your marriage. (If your fiancé does not intend to become a permanent resident after your marriage, your fiancé/new spouse must leave the country within the 90-day original nonimmigrant admission.) Your fiancé will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.

Your fiancé may enter the United States only one time with a fiancé visa. If your fiancé leaves the country before you are married, your fiancé may not be allowed back into the United States without a new visa.

(12) How can I appeal if the application is denied? If your petition for a fiancée visa is denied, the denial letter will tell you how to appeal.

(13) Who is eligible to sponsor a parent? If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your parents to live and work permanently in the United States. If you are a lawful permanent resident, you are not eligible to petition to bring your parents to live and work permanently in the United States.

(14) How do I bring my parents to live in the United States? Your parents must go through a three-step process to become an immigrant. First, the INS must approve an immigrant petition that you file for your parents. Second, the State Department must give your parents an immigrant visa number, even if they are already in the United States. Third, if your parents are already in the United States, they may apply to adjust to permanent resident status. If they are outside the United States, they will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

(15) Who is eligible to sponsor a sibling? If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your brother or sister to live and work permanently in the United States. If you are a lawful permanent resident, you are not eligible to apply to bring your brother or sister to live and work permanently in the United States. You do not need to file separate visa petitions for your brother or sister's spouse or unmarried, minor children. Any child under 21 is considered a minor.

(16) How do I bring my brother/sister to live in the United States? An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. Your sibling must go through a three-step process to become an immigrant.

First, the INS must approve an immigrant visa petition that you file for your brother or sister. Second, the State Department must give your brother or sister an immigrant visa number, even if your brother or sister are already in the United States. Third, if your brother or sister is already in the United States legally, your brother or sister may apply to adjust to permanent resident status after a visa number becomes available. If your brother or sister is outside the United States when an immigrant visa number becomes available, your brother or sister will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

(17) How do I file the visa petition? You do not need to file separate applications for your brother or sister's spouse or unmarried, minor children. Any child under 21 is considered a minor. If you are seeking permanent resident status for your brother or sister, and you have the same mother, you must file the following items with the Immigration and Naturalization Service:

1.
2.
3.
4.
INS Form I-130 Petition for an Alien Relative,
your birth certificate (copy) showing the name of your mother,
your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States, and
a copy of your brother or sister's births certificate showing the name of the mother.

If you are seeking permanent resident status for your brother or sister, and you have the same father but different mothers, you must file the following items with the Immigration and Naturalization Service:

1.
2.
3.
4.
5.
6.

INS Form I-130 Petition for an Alien Relative,
your birth certificate (copy) showing the name of you and your father,
your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States,
a copy of your brother's or sister's birth certificate, showing your father's name,
a copy of your father's marriage certificates to both mothers, and
a copy of divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by your father or mothers ended legally.

If you or your brother or sister is illegitimate and related through your father, you must file the following items with the Immigration and Naturalization Service:

1.
2.
3.
4.
5.

Form I-130 Petition for an Alien Relative,
your birth certificate (copy) showing the names of you and your father,
your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States,
a copy of your brother or sister's birth certificate showing your father's name, and
evidence that an emotional or financial bond existed between your father and you and/or your brother or sister before you and/or your brother or sister was married or reached the age of 21.

If your brother or sister are legitimated and related through your father, you must file the following items with the Immigration and Naturalization Service:

1.
2.
3.
4.
5.


INS Form 1-130 Petition for an Alien Relative,
your birth certificate (copy) showing the names of you and your father,
your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States,
A copy of your brother's or sister's birth certificate showing your father's name, and
Evidence that you and /or your brother or sister were legitimated before reaching the age of 18 through the marriage of your brother's or sister's natural parents, the laws of your brother's or sister's country, or the laws of your father's country.

If you are petitioning for permanent resident status for your stepbrother or stepsister and you share a common mother, you must file the following items with the Immigration and Naturalization Service:

1.
2.

3.
INS Form I-130 Petition for Alien Relative,
your birth certificate showing your name and the name of your mother, as well as your Certificate Naturalization or Citizenship (copy) if you were not born in the United States, and
A copy of your stepbrother or stepsister's birth certificate showing their name and the name of your mother.

If you are petitioning for permanent resident status for your stepbrother or stepsister and you share a common father, you must file the following items with the Immigration and Naturalization Service:

1.
2.
3.
4.
5.

INS Form I-130 Petition for Alien Relative,
your birth certificate showing your name and that of your father,
The birth certificate of your step brother or step sister showing their name and that of your father,
Your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States, and
The marriage certificates of your father to both your natural mother and your step brother or step sister's natural mother, and proof of legal termination of all prior marriages of your father and both your mother and your step brother or step sister's mother.

If you or your stepbrother or stepsister are illegitimate and related through your father, you must file the following items with the Immigration and Naturalization Service:

1.
2.
3.
4.
5.

INS Form I-130 Petition for Alien Relative,
your birth certificate showing your name and that of your father,
your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States,
the birth certificate of your stepbrother or stepsister showing their name and that of your father, and
Proof that a bona fide parent child relationship existed between your father and you and/or your stepbrother or stepsister prior to you and/or your sibling attaining the age of 21.

If you or your stepbrother or stepsister are legitimated and related through a common father, you must file the following items with the Immigration and Naturalization Service.

1.
2.
3.
4.
5.


INS Form I-130 Petition for Alien Relative,
your birth certificate showing your father's name,
your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States,
The birth certificate of your step brother or step sister showing their name and your father's name, and
Evidence that you and/or your step brother or step sister were legitimated before reaching the age of 18 through the marriage of your father and your natural mother(s), the laws of your step brother or step sister's country, or the laws of your father's country.

The INS will notify you if your I-130, Petition for Alien Relative is approved or denied. If it is approved, your brother or sister will be notified when a visa number is available. If your sibling is outside the country, your brother or sister must then go to the local U.S. consulate to complete visa processing. If your brother or sister is legally inside the United States when a visa number becomes available, your brother or sister should apply to adjust to Permanent Resident Status.

(18) Will my brother or sister be able to acquire a work permit? Applicants who are inside the United States and have filed INS Form I-485 (Application to Register Permanent Residence or Adjust Status) is eligible to apply for a work permit while their case is pending. Your brother or sister should use INS Form I-765 to apply for a work permit. Your brother or sister does not need to apply for a work permit once they are granted an immigrant visa or adjust to permanent resident status. As a legal permanent resident, your brother or sister should receive a permanent resident card that will provide evidence that your brother or sister has a right to live and work in the United States permanently. If your brother or sister is now outside the United States, your brother or sister will receive a passport stamp upon arrival in the United States. This stamp will prove that your sibling is allowed to work until a permanent resident card is created.

(19) How can I appeal? If the visa petition you filed for your brother or sister is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.

(20) How can I check the status of my visa petition? To check the status of your visa petition, please contact the INS office that received your visa petition. You should be prepared to provide the INS staff with specific information about your visa petition. Please click here for complete instructions on checking the status of your visa petition. Click here for information on INS offices.

(21) Who is eligible to remove the conditions? You may apply to remove your conditions on permanent residence if:

1. You are still married to the same U.S. citizen or lawful permanent resident after two years (your children may be included in your application if they got their conditional resident status at the
same time that you did or within 90 days);
2. You are a child and cannot be included in the application of your parents for a valid reason;

3. You are a widow or widower of a marriage that was entered into in good faith;

4. You entered into a marriage in good faith, but the marriage was ended through divorce or annulment;
5. You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse; or
6. The termination of your conditional resident status would cause extreme hardship to you.


(22) How do I become an immigrant based on employment? An immigrant is a foreign national who is authorized to live and work permanently in the United States. You must go through a multi-step process to become an immigrant based on employment.

1. The INS must approve an immigrant petition (application) that was filed for you, usually by an employer.
2. In most employment categories (See EB-2 and EB-3 eligibility and filing information below), a U.S. employer must complete a labor certification request (ETA 750) for you from the Department of Labor's Employment and Training Administration.
3. The State Department must give you an immigrant visa number, even if you are already in the United States.

4. If you are already in the United States, you must apply to adjust to permanent resident status when a visa number becomes available. If you are outside the United States when an immigrant visa number becomes available; you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

(23) Who is eligible for employment-based immigration? There are five categories of employment-based immigration:

1. First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
2. Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
3. Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

4. Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
5.
Fifth Preference (EB-5 Employment Creation): If you would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise.

If you are able to meet the criteria for any of the above categories, then you may be eligible to immigrate to the United States based upon employment.

(24) What is a refugee? The Immigration and Nationality Act defines "refugee" in Sec. 101(a)(42) as:

1. any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; or
2. in such circumstances as the President after appropriate consultation (as defined in section 207(e) of this Act) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term "refugee" does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.

(25) What is asylum, and who may apply for asylum? Asylum may be granted to people who are already in the United States and are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. If you are granted asylum, you will be allowed to live and work in the United States. You also will be able to apply for permanent resident status one year after you are granted asylum.

You may include your spouse and any unmarried children under the age of 21 in your own asylum application if your spouse or children are in the United States. Asylum status and refugee status is closely related. They differ only in the place where a person asks for the status. Asylum is asked for in the United States, refugee status is asked for outside of the United States. However, all people who are granted asylum must meet the definition of a refugee. If you do not qualify for asylum, but fear being tortured upon returning to your homeland, you can apply for consideration under the Torture Convention.

(26) Who is eligible to apply for asylum? To be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within one year of your arrival in the United States. You may ask later than one year if conditions in your country have changed or if your personal circumstances have changed within the past year prior to your asking for asylum, and those changes of circumstances affected your eligibility for asylum. You may also be excused from the one-year deadline if extraordinary circumstance prevented you from filing within the one-year period after your arrival, so long as you apply within a reasonable time given those circumstances. You may apply for asylum regardless of your immigration status, meaning that you may apply even if you are illegally in the United States.

In addition, you must qualify for asylum under the definition of "refugee." Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge. If you have been placed in removal (deportation) proceedings in Immigration Court, an Immigration Judge will hear and decide your case. If you have not been placed in removal proceedings and apply with the INS; an Asylum Officer will interview you and decide whether you are eligible for asylum. Asylum Officers will grant asylum, deny asylum or refer the case to an Immigration Judge for a final decision.

If an Asylum Officer finds that you are not eligible for asylum and you are in the United States illegally, the Asylum Officer will place you in removal proceedings and refer your application to an Immigration Judge for a final decision. Immigration Judges also decide on removal if an applicant is found ineligible for asylum and is illegally in the United States. If you are in valid immigrant or nonimmigrant status and the Asylum Officer finds that you are not eligible for asylum, the Asylum Officer will send you a notice explaining that the INS intends to deny your request for asylum. You will be given an opportunity to respond to that notice before a decision is made on your application.

The instructions attached to the application form for asylum, INS Form I-589 (Application for Asylum and for Withholding of Removal) are helpful in defining the eligibility criteria for asylum.

(27) What forms do I need to apply for asylum? To ask for asylum, you will need to complete an INS Form I-589 (Application for Asylum and for Withholding of Removal) and follow the instructions carefully. Forms are available by calling 1(800) 870-3676, or by submitting a request through our forms by mail system. There is no fee. You can normally expect to complete your asylum processing within 180 days from the date of filing your application. If you are applying with the INS for asylum, you should send your application to the INS Service Center that has jurisdiction over your place of residence. You will find information on where to send your application in the instructions to INS Form I-589. If you have been placed in proceedings before an Immigration Judge, you should file the form with the Immigration Court.

(28) Can I travel outside the United States while my asylum application is being considered? If you are applying for asylum and you want to travel outside the United States, you must receive advance permission before you leave the United States in order to return to the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the INS and you may not be permitted to return to the United States. If your application for asylum is approved, you may apply for a Refugee Travel Document. This document will allow you to travel abroad and return to the United States.

Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on INS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC.

(29) How do I get my spouse or children derivative asylum status in the United States? You may include your spouse or any unmarried children under the age of 21 in your own asylum application if your spouse or children are in the United States. If you have already been granted asylum, you may apply for derivative asylum benefits for your spouse or children. This means that your spouse or children may be granted asylum status based on your own asylum status.

You may apply for derivative asylum benefits for your spouse or unmarried children under the age of 21 within two years of your grant of asylum or by February 28, 2000, whichever is later. If your spouse or children are already in the United States, they may be eligible for derivative asylum benefits regardless of whether they are in the country legally or illegally.

The relationship between you and your spouse and children must have existed when you were granted asylum and must continue to exist when you file INS Form I-730 (Refugee/Asylee Relative Petition) and when your spouse and children are admitted to the United States as derivative asylees. If your children are outside the United States and have been approved for derivative asylum benefits, your children will be able to come to the United States as an asylee at any time as long as they are under 21, unmarried, and maintain their relationship with you. If your spouse is outside the United States and has been approved for derivative asylum benefits, your spouse will be able to come to the United States as an asylee at any time as long as your spouse remains married to you.

You may apply for derivative asylum status for a child who was already conceived, but not yet born, on the day you were granted asylum. You may apply for derivative asylum status for a stepchild if the marriage between you and the child's parent took place before the child's 18th birthday.

You may apply for derivative asylum status for an adopted child if the adoption took place before the child's 16th birthday and the child has been in your legal custody for at least two years.

You may not apply for derivative asylum status for your child's mother unless she was married to you on the date you were granted asylum.

After your spouse or children are admitted to the United States as derivative asylees, they must be granted special permission to travel abroad until they adjust to lawful permanent resident status. They cannot forfeit or give up their asylum status and later be re-admitted to the United States as asylees.

(30) What is "Adjustment of Status"? If you are in the United States under a non-immigrant status, you may be able to adjust your status to another non-immigrant status or even an immigrant status without leaving the United States. By adjusting your status in the United States, you may be able to avoid the possible obstacles involved in leaving the United States and attempting to reenter.

(31) When does my status as a permanent resident begin? Your status as a permanent resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card).

(32) Must I register with selective services? Yes. Federal law requires men who are at least 18 years old, but not yet 26 years old, must be registered with Selective Service. This includes all male non-citizens within these age limits who permanently reside in the United States. Men with "green cards" (lawful permanent residents) must register. Men living in the United States without INS documentation (undocumented aliens) must also register. But men cannot register after reaching age 26.

(33) Why do I need to register with the selective service? Failure to register for the Selective Service may make you ineligible for certain immigration benefits, such as citizenship.

(34) How can I become a United States citizen? A person may become a U.S. citizen (1) by birth or (2) through naturalization.

(35) Who is born a United States citizen? Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens:

1.
Born in the United States.
If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.

2.
Birth abroad to TWO (2) United States citizens.
In most cases, you are a U.S. citizen if ALL of the following are true:
i.
Both your parents were U.S. citizens when you were born; and
ii.
at least one of your parents lived in the United States at some point in their life.

Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with INS.

3. Birth abroad to ONE (1) United States citizen.
In most cases, you are a U.S. citizen if ALL of the following are true:
i. One of your parents was a U.S. citizen when you were born;
ii. Your citizen parent lived at least 5 years in the United States before you were born; and
iii. At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday*.

Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with INS to get a Certificate of Citizenship.

*If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday.

(36) How do I become a naturalized citizen? If you are not a U.S. citizen by birth, you may be eligible to become a citizen through naturalization. People who are 18 years and older use the "Application for Naturalization" (Form N-400) to become naturalized. Children who are deriving citizenship from naturalized parents use the "Application for a Certificate of Citizenship" (Form N-600) to become naturalized. Call the INS Forms Line at 1(800) 870-3676 to request a Form N-600.

(37) What are the general requirements for Naturalization? General Naturalization Requirements:

1. Age - Applicants must be at least 18 years old.

2. Residency - An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.

3. Residence and Physical Presence - An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

1.
has been lawfully admitted for permanent residence (see preceding section);
2.
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with absences from the United States totaling no more than one year;
3.
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year break the continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period), and
4.
has resided within a state or district for at least three months

4. Good Moral Character

Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:

1. has committed and been convicted of one or more crimes involving moral turpitude;
2. has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more;
3. has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana;
4. has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more;
5. has committed and been convicted of two or more gambling offenses;
6. is or has earned his or her principle income from illegal gambling;
7. is or has been involved in prostitution or commercialized vice;
8. is or has been involved in smuggling illegal aliens into the United States;
9. is or has been a habitual drunkard;
10. is practicing or has practiced polygamy;
11. has willfully failed or refused to support dependents; or
12. has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.

An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.

5. Attachment to the Constitution - An applicant must show that he or she is attached to the principles of the Constitution of the United States.

6. Language - Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing:

1. have been residing in the United States subsequent to a lawful admission for permanent residence for at least 15 years and are over 55 years of age; have been residing in the United States subsequent to a lawful admission for permanent residence for at least 20 years and are over 50 years of age; or
2. have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn English.

7. United States Government and History Knowledge - An applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn U.S. History and Government Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration in satisfying this requirement.

8. Oath of Allegiance - To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:

1. support the Constitution and obey the laws of the U.S.;
2. renounce any foreign allegiance and/or foreign title; and
3. bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required.

In certain instances, where the applicant establishes that he or she is opposed to any type of service in armed forces based on religious teaching or belief, INS will permit these applicants to take a modified oath.

(38) What form do I use to file for naturalization? You should use an "Application for Naturalization" (Form N-400).

(39) Where do I file my naturalization application? You should send your completed "Application for Naturalization" (Form N-400) to the appropriate INS Service Center.

(40) What can I do if INS denies my application? There is an administrative review process for those who are denied naturalization. If you feel that you have been wrongly denied naturalization, you may request a hearing with an immigration officer. Your denial letter will explain how to request a hearing and will include the form you need. The form for filing an appeal is the "Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act" (Form N-336).

(41) Can I reapply for naturalization if INS denies my application? In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new N-400 and pay the fee again. You will also need to have your fingerprints and photographs taken again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test.

(42) How long will it take to become naturalized? The time it takes to be naturalized varies from one local office to another. In 1997, in many places, it took over 2 years to process an application.

(43) How do I determine the status of my naturalization application? You may call the Service Center where you sent your application.

(44) If INS grants me naturalization, when will I become a citizen? You become a citizen as soon as you take the Oath of Allegiance to the United States. In some places, you can choose to take the Oath the same day as your interview. If that option is not available or if you prefer a ceremony at a later date, INS will notify you of the ceremony date with a "Notice of Naturalization Oath Ceremony" (Form N-445).

(45) What should I do if I cannot go to my oath ceremony? If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" (Form N-445) that INS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to INS. Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" (Form N-445) to tell you when your ceremony will be.

(46) Will INS provide special accommodations for me if I am disabled? Some people with disabilities need special consideration during the naturalization process. INS will make every effort to make reasonable accommodations in these cases. For example, if you use a wheelchair, we will make sure your fingerprint location is wheelchair accessible. If you are hearing impaired and wish to bring a sign language interpreter to your interview, you may do so.

(47) What do I use as proof of citizenship if I do not have my certificate of naturalization? You may get a new Certificate of Naturalization by submitting an "Application for Replacement Naturalization/Citizenship Document" (Form N-565) to INS. You may obtain an N-565 by calling the INS Forms Line (1(800) 870-3676). Submit this form with the fee to your local INS office. It may take up to 1 year for you to receive a new certificate. If you have one, you may use your passport as evidence of citizenship while you wait for a replacement certificate.

(48) If I am naturalized, is my child a citizen? Usually if children are Permanent Residents, they can derive citizenship from their naturalized parents. This is true whether the child is a child by birth or adoption.* In most cases, your child is a citizen if ALL of the following are true:

1. The other parent is also naturalized OR
2. You are the only surviving parent (if the other parent is dead) OR
3. You have legal custody (if you and the other parent are legally separated or divorced);
4. The child was under 18 when the parent(s) naturalized;
5. The child was not married when the parent(s) naturalized; and
6. The child was a Permanent Resident before his or her 18th birthday.

If you and your child meet all of these requirements, you may obtain a passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to INS to obtain a Certificate of Citizenship. (Note: The child may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)

*All adoptions must be completed by the child's 16th birthday in order for the child to be eligible for any immigration benefit, including naturalization. There is an exception for adopted children under the age of 18 who are adopted with or after a natural sibling by the same adoptive parents.

(49) If I am naturalized but the above situation does not apply to my child, or me how can I apply for citizenship for my child? In many cases, citizens may apply for citizenship for their children:

1. Children by birth or adoption who are Permanent Residents.

If both parents are alive and still married to each other, but only one parent is a citizen, you may apply for citizenship for your child using an "Application for Certificate of Citizenship" (Form N-600). The child must meet ALL of the following requirements at the time he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it):

a. The child is under 18; AND
b. The child is not married; AND
c. The Child is a Permanent Resident; AND
d. The child is in legal custody of the parent who is a citizen.

2. Children by birth or adoption who are NOT Permanent Residents.

If at least one of the child's parents is a citizen, the parent may apply for citizenship for the child using an "Application for Certificate of Citizenship" (Form N-600). The child must meet ALL of the following requirements at the time that he or she takes the Oath of Allegiance. Note: the Oath may be waived if the child is too young to understand it):

a. The child is under 18; and
b. The child is not married; and
c. The child is lawfully present in the United States in a non-resident status (e.g., with a B-2 or F-1 visa); and
d. The child is in legal custody of the parent who is a citizen;
e. The citizen parent has lived at least 5 years in the United States and at least 2 of these 5 years in the United States were after the citizen parent's 14th birthday.

In some cases, a child may have a parent who is a U.S. citizen but who has not lived in the United States for at least 5 years, 2 of which were after the citizen parent's 14th birthday. In these cases, the U.S. citizen parent may apply for citizenship for the child using an "Application for Certificate of Citizenship" (Form N-600). The child must meet ALL of the following requirements at the time that he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it):

b. The child is under 18;
c. The child is not married;
d. The child is lawfully present in the United States in a non-resident status (e.g., with a B-2 or F-1 visa);
e. A U.S. citizen parent has a parent (the child's grandparent) who is also a U.S. citizen;
f. The child is in legal custody of the U.S. citizen parent whose parent is also a U.S. citizen;
g. The U.S. citizen grandparent lived at least 5 years in the United States; and
h. At least two of these years in the United States were after the citizen grandparent's 14th birthday.

(50) What is an arrival-departure Record? Once you receive an immigrant or nonimmigrant visa, you are authorized to travel to the United States. However, a visa does not guarantee that you will be allowed to enter the United States. The INS has authority to grant or deny your admission to the United States. The INS also will determine how long you may stay in the United States.

The INS creates an Arrival/Departure Record when the traveler is inspected upon arrival in the United States. The inspector endorses the INS Form I-94 (Arrival/Departure Record) with the date, place of arrival the "class of admission" (which corresponds to the visa class), the length of time the traveler may remain in the United States, and any special conditions which may apply to the visit. The inspector keeps the Arrival portion of the form and returns the endorsed departure portion to the traveler who must keep the card in his possession until he leaves the United States. When the traveler leaves the United States, he must surrender the departure portion of the I-94 to the airline representative, if he travels by air or to the immigration or customs officer if he departs across the border to Canada or Mexico.

(51) Who Needs an Arrival Departure Document? Most foreign travelers will receive an Arrival Departure Record when arriving at a U.S. port-of-entry.

(52) How do I get an arrival-departure record? If you want to stay longer than the date authorized by your INS Form I-94, you must apply for an extension with the Immigration and Naturalization Service. The decision to grant or deny a request for extension of stay is made solely by the INS.

(53) What do I do if my address has changed? If your address changes, you should call the INS Forms Line (1(800) 870-3676) and request an "Alien's Change of Address Card" (Form AR-11). Complete this form and send it back to INS. It is important to make sure INS has your latest address. If the INS does not have a current address for you, you may not receive important information. For example, INS may not be able to notify you of your interview date and time. In addition, INS may not be able to tell you if you need to send or bring additional documents to your interview.

(54) What if I cannot make it to my scheduled interview? It is very important not to miss your interview. If you have to miss your interview, you should notify the office where your interview is scheduled by mail as soon as possible. In your letter, you should ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process, so try not to change your original interview date. If you miss your scheduled interview without notifying INS, INS will "administratively close" your case. Unless you contact INS to schedule a new interview within 1 year after INS closes your case, INS will deny your application. INS will not notify you if they close your case because you missed your interview.

(55) Where can I be fingerprinted? After INS has received your application, INS will notify you of the location where you should get fingerprinted.

(56) Where is my local INS office? For information about the INS office that serves your area, see your local white pages in the phonebook. In addition, you may also call the local bar association.

(57) Where can I get help with my immigration problems? If you have the financial resources, an attorney who specializes in immigration law is a good place to start. If you do not have the financial ability to pay for the services of an attorney, calling your local bar association is a good recommendation. The bar will have a list of organizations and attorneys who will work for little or no money. In addition, if you are having trouble filling out the forms, you can contact your local INS office for assistance.

(58) What about the "Immigration Clinics" I see advertised on flyers? Be vary cautious about anyone who is not an attorney, or who is not recommended by your local bar association. The area of immigration is filled with many people who play upon the fear of an immigrant. There are many "professionals" who claim that they will help you. However, many unscrupulous individuals take your money and then disappear. If you are the least bit suspicious about the credentials of your attorney or of the ability of a non-attorney in helping you fill out an immigration form, go somewhere else. Lastly, keep in mind, only a licensed attorney may provide legal advice or appear before the Immigration Court. A non-attorney who attempts to help you is limited to helping your fill out paper work. If you believe that you have been taken advantage of, contact your local bar association.