In this new
column, Charlotte, who was an INS officer for 12 years and is now a private immigration
consultant, answers reader questions about agency procedures or policies. If you'd like
your question to be answered in her column, send it to your editors at
immigration.guide@about.com.
Here are this week's featured Q&As:
Question 1: We left out the biographical
form for my wife (I'm the one adjusting) because we didn't know we needed it. Everything
is mailed to the INS already. How can I get them the second form and make sure it meets up
with my file at the agency? -- Martin in San Jose, CA
Charlotte:
Martin--I would not try and get the G-325A form to catch up with your
application, once the application has been reviewed and the attending clerk/officer sees
that it is missing a form, you will receive a notice in the mail, more than likely with
the missing form to complete and return to them. I do not know if you sent it to a
Service Center or a District Office, but either way an accompanying notice will be
attached to be returned to them with the missing information. Good Luck!
Question 2: My forms ask for an "A
Number" but I don't think I have one. I'm was on a student visa and got married while
it was still valid and now I'm adjusting. Do I have such a number? If so, where would I
find it? -- Arman in Boston, MA
Charlotte:
Arman--Most likely you do not have an "A Number", they are not issued
to applicants whom enter the country with a student visa. Unless you have applied
for some type of work permit while you were in student status and were issued an
employment document, then you have no need to worry looking for that "A Number".
You will be issued one by the INS, once they have received and reviewed your
paperwork.
Question 3: Have there been changes in the
immigration lottery? I keep hearing that people from the U.K. are eligible now. Is that
true? Are there any other changes? -- Heather in London
Charlotte: Heather--Unfortunately, the United Kingdom has been excluded
from applying under the Green Card Lottery, unless you can file as a "Native" of
a different country through your spouse or parents, as the following is noted:
"Native" is determined by the country of birth of the applicant, his spouse or
his parents only. If you were born in one of the nonqualifying countries, you can still be
eligible if the law applies to your case:
"A native is both someone born within one of qualifying countries and someone
entitled to the 'charged" to such country under Section 202(b) of the Immigration and
Nationality Act. Thus someone may be (1) charged to the country of birth of his/her spouse; (2) a minor dependent child can be charged to the country of birth of a parent; (3) an applicant born in a country of which neither parent was a native may be
charged to the country of birth of either parent.
If one claims to be a native of a country other than where one was born, he/she must
include a statement to that effect on the lottery application." (see application
form: "Applicant's native country if different from country of birth")
Question 4: I came from Bermuda and married an
American man. He couldn't afford to cover my children at that time so we didn't include
them on my application to adjust status. Now I have the receipt for adjustment and my work
authorization and travel permission and I am working with a very good salary. Is it too
late to sponsor my children as follow-to-join and can I include my earnings in the
sponsorship? -- Tessi in Manhattan
Charlotte: Tessi--Although some countries will still allow your husband
to file a following to join application, you would have to check with the American Embassy
in your country. If not, he can still file the I-130 petitions for them and have them
immigrate that way. And yes, you may include your earnings in the sponsorship.
Question 5: My father is a Canadian who was
born in the USA. I was born in Canada and my birth was never registered in the USA. Do I
have any claim to US citizenship? If so, what forms should I submit and to whom? -- Dan in
Canada
Charlotte: Dan--It is to hard to tell you whether you could claim
citizenship through your father, because I don't have enough information, whenever a child
is trying to derive citizenship through a parent, there is a long list of questions that
must be answered to determine if they qualify--like how long did your father live in the
US, was he married to your mother at the time of your birth, your date of birth, etc. I
can only suggest that you maybe write to and INS office, closest to you with all your
pertinent information, include your Dad's DOB, your DOB, Mom's DOB, when--if they were
married, how long your Dad lived in the US, and the dates he lived here, etc. Good
Luck and I wish you the best.
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