Former Asylee Applying For Citizenship!

A

acidor

Registered Users (C)
Hello-

I am permanent resident (through political asylum), and recently I applied for the American citizenship!
My attorney of so many years filled the paperwork for me, but at this point I would like to know if I should pay him to join me for my citizenship interview. I read many posts that said it is a waste of money to hire an attorney for the citizenship interview, but I am confused since my situation is a little different...I am married for almost 3 years now, and my husband is out of status! I will apply for his permanent residency as soon as I will become a citizen...now, do you think the fact that he is out of status will affect my citizenship interview...should I bring the attorney with me?

Second, hoping that the citizenship will be awarded to me, should I hire my attorney to represent us for his permanent residency? I am asking this question because his fees are quite high, and I really don't know if it is necessary to have an attorney...all these questions are because of husband's current legal status...do you guys know (approx. timeframe) how long does it take from the moment I will apply for him and until he gets his permanent residency?

Finally, I never been to my home country (it's been almost 10 years) and never outside of US, but I would like to go home to see my parents after I get my citizenship...they are old, and I might run of time to see them one last time...am I going to have any problems if I return for a couple weeks?

Any advice on this matters is going to be greatly appreciated!
 
1. This is really up to you. I am not sure how this will affect your citizenship, but I doubt that your husband's status has anything to do with yours, since you guys are not using each other for immigration benefits, for now until you get your citizenship! But talk to a couple of other lawyers and see what they think.

2. Because he is out of status, I would suggest you hire a lawyer to go forward with his petition. In terms of the timeframe, if this was a normal USC spouse petition, it would have taken between 6 to 12 months. But in your case, because your husband is out of status, I am not sure.

3. After you get your citizenship, you immigration file will be closed. You will be an American citizen. You can go wherever you want and come back with no trouble. However, that does not mean that you will not face problems at the POE in your home country.

Good Luck.
 
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Hell acidor, My situation is quiet the same as your. However I won't become a citizen until the next few years. For your citizenship, I don't think that's the problem. You don't need to waist money for the attoney. However for your husband petition I have no idea about that because I myself try to get the answer of this question too.
Keep us update....Wish you good luck.
 
acidor said:
Hello-

I am permanent resident (through political asylum), and recently I applied for the American citizenship!
My attorney of so many years filled the paperwork for me, but at this point I would like to know if I should pay him to join me for my citizenship interview. I read many posts that said it is a waste of money to hire an attorney for the citizenship interview, but I am confused since my situation is a little different...I am married for almost 3 years now, and my husband is out of status! I will apply for his permanent residency as soon as I will become a citizen...now, do you think the fact that he is out of status will affect my citizenship interview...should I bring the attorney with me?

Second, hoping that the citizenship will be awarded to me, should I hire my attorney to represent us for his permanent residency? I am asking this question because his fees are quite high, and I really don't know if it is necessary to have an attorney...all these questions are because of husband's current legal status...do you guys know (approx. timeframe) how long does it take from the moment I will apply for him and until he gets his permanent residency?

Finally, I never been to my home country (it's been almost 10 years) and never outside of US, but I would like to go home to see my parents after I get my citizenship...they are old, and I might run of time to see them one last time...am I going to have any problems if I return for a couple weeks?

Any advice on this matters is going to be greatly appreciated!
Click to expand...

Acidor, don't waist no money for a lawyer for your citizenship deal. Since your citizenship is based on prior asylum approval USCIS has no interest of your spouse. All they can do is ask about your spouse & you could say the truth. Don't worry at all about that. After your citizenship you can apply for your spouse I-130 ( Relative petition), I-485 ( Status adjustment) also I-765 ( Work authorization). Unless your spouse had a prior deportation order or any criminal records you don't have to worry about anything. Simply overstaying in US & became out of status won't stop USCIS your spouse's adjustment. In US constitution it is no where written that an American citizen can not marry an out of status person. So as mentioned earlier if your spouse's entry to US is in a legal manner, no deportation order in file & no criminal records you don't have to worry about nothing.
Giving you an example, I know a girl( Argentinian)l who came from Argentina legally but never went back & became illigal due to over stay. Later got married to an US citizen & adjusted her status as permanent resident. Now she's getting ready for her citizenship deal.
Take care.
Atique.
 
Atique.Rahman-

Thank-you for the detailed information that you provided!
You mentioned that I will have to file I-130 ( Relative petition), I-485 ( Status adjustment) also I-765 (Work authorization)...excuse my ignorance, but I have to file all these applications? If so, could do that myself without a lawyer?...my husband doesn't have any deportation pending or criminal activity, but many people told me that I should hire a lawyer because of his situation...like I said before, I don't want to spend thousands of dollars on the attorney, if no necessary...
 
acidor said:
Atique.Rahman-

Thank-you for the detailed information that you provided!
You mentioned that I will have to file I-130 ( Relative petition), I-485 ( Status adjustment) also I-765 (Work authorization)...excuse my ignorance, but I have to file all these applications? If so, could do that myself without a lawyer?...my husband doesn't have any deportation pending or criminal activity, but many people told me that I should hire a lawyer because of his situation...like I said before, I don't want to spend thousands of dollars on the attorney, if no necessary...
Click to expand...
Acidor, After your citizenship is done you'll file I-130 for your husband & same time you'll send I-485 & I 765 along with all applications. Giving you an example only time I had lawer when I applied for my asylum cause I had to prove infront of judge that my asylum was valid but after that from my status adjustment through citizenship all I did myself & everything went perfectly fine. I remember when it was time for my I-485 I went to my attorney's office for applying on my behalf & lawers office asked for a hefty amount. I asked why & her reply was just because her ( Attorney) office is filing thats their regular charge. I wondered I'm not a rocket scientist but atleast I can read & write so why the hell I need my lawer's help. Therefore I did all myself. Now every case is different & has it's own merits so some one might need lawyer's help but as reading your case just being out of status ( Spouse) you sure don't need to waste money on this. Don't listen to many people but use your own judgement. I was told the same way don't file yourself but use an attorney. But all I thought what a lawyer has got to do with my case ?? I was granted asylum through IJ & filing for my GC & later my citizenship. Most lawers you talk will act like you need them ( That's what is their business) & ofcourse I'm not saying no one needs them but cases like yours or mine don't need that. Lot of applicants apply for immigration benefits are already out of status due to overstay & that's very normal. That's why I said as long one don't commit any crime or has any deportation order or illigally entered US definitely needs an attorney but that is not in your case so you can simply wait till your citizenship & then file all them as mentioned for your husband & you'll be just fine. Allthough all them forms for your husband will cost you $1010 (I-485) +355 ( I-130 ) I-765 free since you are filing all together.
Atique.
Atique.
 
Does anybody know what will trigger someone to be deported if you they overstay their visa and don't commit any crime or anything wrong at all?

And what is the process to be deport someone? Do USCIS just send the letter saying that you have to leave US or what?
 
rickyjkh said:
Does anybody know what will trigger someone to be deported if you they overstay their visa and don't commit any crime or anything wrong at all?

And what is the process to be deport someone? Do USCIS just send the letter saying that you have to leave US or what?
Click to expand...

ICE has a database that identifies overstayers. If ICE decides to arrest the alien, they will issue an arrest warrant and they usually knock on the door early in the morning to make the arrest.
Then they take the person to the ICE office (deportation department) to interview the alien and take the fingerprints and they will show him/her the NTA that has the charging documents. After the interview and the fingerprint process, the ICE officer will decide whether to release the preson on bail or not. If the alien is not eligible for bail or the alien can't afford the bail, then ICE will send him/her to a detention center. Before sending the alien to a detention center, they will perform a medical examination for the alien to make sure that the alien doesn't have any major health problem

When the alien arrives at the detention center, the alien will take off all his/her cloths and will wear the jail cloths and hey will also take fingerprints again.

If ICE decides not to release the alien on bail, then the alien still has the chance to ask the judge to release him/her on bail or reduce the bail if ICE askes for big bail.

If the alien gets released from the detention center, he/she will be given the NTA and the bail bond document.

At the detention center, the alien will be asked if he/she wants to work (optional) at the resturant, laundry, etc (it is not mandatory) but most aliens choose to work because it is too boring to do nothing at the detention center.

By the way, the detention center is not like jail. It is very clean and the officers there are so nice and they treat people with respect.
 
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Atique.Rahman-

Again, thanks a lot for taking the time to clarify these issues to me!
Now I have a better understanding of how everything works, so that might save us a lot of money!
Thanks a lot!
 
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