Common immigration misconceptions (Part 1)

Many people have misconceptions or misunderstandings about immigration law, relying on advice or information from friends, relatives, consultants, or other “advisers.” These advisers often rely, too, on rumors and hearsay, and might not even be aware of the ever-changing immigration laws.

As a result, some people do not apply for immigration benefits to which they may be entitled, and delay their legalization process. Other people apply for benefits to which they are not entitled, or wait for immigration benefits that will never come. They waste time, money, and effort for nothing.

I hope this column will clarify some of the more common misconceptions, so that people will no longer commit mistakes that may jeopardize or delay their entitlement to certain immigration benefits.

Here are some of the more common misconceptions:

1. Only US Citizens can petition family members. — FALSE!

Green card holders can also petition certain family members, such as their spouse, and unmarried children, both minor (below 21) or adult (over 21).

2. It is faster for US Citizen parents from the Philippines to petition adult single children than it is for green card holder parents — FALSE!

It takes longer for single adult (over 21) children of American citizens to obtain green cards than the single adult children of green card holders, for people born in the Philippines. Therefore, if you are a green card parent and have a single adult child under petition, it would be best to check the current priority dates in these categories, and file the petition for your single child while you are still an immigrant vs. waiting until you naturalize.

3. The only way to get a green card is through a family petition.— FALSE!

Employers can also petition people for green cards through the process called Labor Certification. This green card takes approximately 7 years to process (compared to up to 20 years for some family petitions). Also, the spouse and minor children of the sponsored employee can get green cards at the same time. So, it’s a green card for the entire family!

4. The US Embassy and USCIS evaluate a person’s age and marital status only at the time the petition is filed, but not at the time the person is interviewed for their visa. — FALSE!

A person’s status at the time of their visa (or adjustment) interview is critical in connection with his eligibility for a visa, and is definitely taken into consideration by the USCIS and Embassy:

(a) If a person was single at the time the petition was filed, but got married before the interview, that person is considered married and will be processed as married.

— If they were petitioned by an immigrant parent, the petition becomes void upon the marriage, because only US citizens can petition married children.

— If a person was petitioned by their US citizen parent, the person’s petition is automatically reclassified from unmarried (F-1) to the category of married children (F-3), where they keep the same priority date, but there is a little longer wait for a green card. However, the newly-acquired spouse could then be included for a visa under that same petition.

— If the petitioner was alive at the time the petition was filed, but died before the interview, the petition may no longer be valid, because the petition dies with the petitioner. (Some exceptions to this rule may apply, however, such as humanitarian revalidation).

In a future article, I will discuss more common immigration misconceptions.

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