This week in my Consulta Migratoria column, I answer questions from readers. Each case is different and the answers vary depending on the immigration history of each person. Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before beginning any process.
My Dominican father asked me to emigrate to the United States with another sister. I was asked as a single woman. Then I got married and went to live in Spain where I currently reside. In the Dominican Republic I received notice to claim my visa but since I was out of the country I did not continue with that trip and left it in the air. My sister followed hers and she got her residency. Is it possible for me to continue the process that my father started? I also have a sister who is an American citizen, can she ask me if the case through my father is no longer current? -Maria M.
Maria, the U.S. Department of State generally closes cases of immigrant visa applicants if the beneficiary does not claim his or her visa within 2 years after the applicant is notified that his or her visa is available. Your case may have already been cancelled by the Department of State if you did not file your immigration application on time.
It is also possible that the petition your father filed on your behalf was automatically cancelled when you got married. This applies if your father is only a permanent resident. If your father was a citizen when you married, your case may not have been affected by your marriage.
A U.S. citizen can petition for his or her siblings if they meet the proper requirements. But this may change in the future, as the U.S. Senate's comprehensive immigration reform bill proposes to eliminate petitions for siblings of U.S. citizens. It is not known how the laws may change in the future.
If your father was a citizen when you married, consult with an immigration attorney to have him review your case to see if it can still be taken up and run its course. If not, I recommend that your citizen sister ask you immediately if you are eligible.
My wife is a U.S. citizen by birth and her mother took her to live in Mexico at a very young age. My wife has a birth certificate and a U.S. passport but has not returned to the United States. We want to move to the U.S. along with our daughter who is a minor. My wife never worked in the U.S. and never paid taxes. Could my wife immigrate us to the U.S.? -Abner M.
Abner, a U.S. citizen can petition for his or her spouse and unmarried or married children of any age. Your wife could begin the process of immigrating them while you are living in Mexico.
You will have to meet several requirements in order to immigrate to the United States. One of them is to demonstrate that you will not be a public charge when you come to live in the country. Your wife will have to present a Letter of Support (Affidavit of Support) that demonstrates her ability to support her household either through assets or wage income. The Affidavit of Support requires that your spouse has or plans to acquire a permanent place to live in the United States when you immigrate to the United States. If your wife does not have sufficient income or assets, she will have to seek the assistance of a U.S. citizen or permanent resident to serve as a guarantor.
Please consult with an immigration attorney before beginning any paperwork. One of the questions you should ask the attorney is whether your daughter acquired U.S. citizenship when she was born or whether she could acquire it when she begins living in the U.S. as a permanent resident.
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