IBMMuseum
10-27-2007, 12:20 AM
Here are a couple items I am going to try with my Congressional representatives, and ask that you look them over for endorsement to all of your representives too. Both of my examples stem from U.S. military service as it pertains to legal immigration, so relatively safe subjects as far as CIR Phase II would be concerned (if there was any rationality there at all). And I'm a would-be "poster boy" for them, lucky me.
AOS Interviews for K-1/K-2/K-3/K-4: Ok, AOS aspects can be expedited, but what happens for those cases that the wheels turn too slow before the servicemember spouse/stepparent would deploy overseas? The AOS interview needs the servicemember present to interview, or it is rescheduled for a date that they can attend. In a day and age (and as Laurel brings up, what if that "qualifying relative" is killed in service to the United States?) that the would-be immigrant cannot adjust to LPR status for sometimes over a year or more of deployment also further delays their citizenship.
It's also kind of wacky that a servicemember's spouse/stepchildren could probabably go through an IV Consular interview without any trouble in the same circumstances of them not being present...
I've seen a press article on at least one servicemember getting married by phone (to another USC, so the only "legal" aspect they are doing is that remote marriage), so why can't there be something able to be done about AOS interviews remotely? That sort of marriage ceremony was legally recognized (if USCIS would be allowed to rule on it, they would frown that the marriage couldn't be "consumated" in that circumstance, and thus was invalid). Aren't the conditions penalizing the servicemember's family for his/her service to the United States?
Adoption of stepchildren: USCIS says that they must be in an LPR status (see above) and physically present with the stepparent for a two year period of time. A deployment "resets" that counter! Once again, when talking lengthy deployments, stepchildren can easily "age-out" of adoptive ability under USCIS requirements.
Today I did a head-spinning call to the USCIS military "helpline" (different number, same crappy service) on the N-600. She wasn't able to tell me anything about adoption other than that for orphans. It was even suggested that after the adoption we could apply for U.S. passports for the kids (requiring proof of U.S. citizenship) as help with the N-600 process (which provides proof of U.S. citizenship) and to "call" them when the adoption was complete to see if the kids could become citizens that way.
Maybe this is a "question for Laurel" in a way:
From a legal Mexican judgement my wife has full custody of the kids, her ex is truthfully listed as total willful abandonment the children and her for longer than seven years...
They don't even have LPR status yet, and I wouldn't think my state is empowered for any adoption judgement in that regard...
I have no legal status in Mexico other than my marriage to a Mexican citizen...
AOS Interviews for K-1/K-2/K-3/K-4: Ok, AOS aspects can be expedited, but what happens for those cases that the wheels turn too slow before the servicemember spouse/stepparent would deploy overseas? The AOS interview needs the servicemember present to interview, or it is rescheduled for a date that they can attend. In a day and age (and as Laurel brings up, what if that "qualifying relative" is killed in service to the United States?) that the would-be immigrant cannot adjust to LPR status for sometimes over a year or more of deployment also further delays their citizenship.
It's also kind of wacky that a servicemember's spouse/stepchildren could probabably go through an IV Consular interview without any trouble in the same circumstances of them not being present...
I've seen a press article on at least one servicemember getting married by phone (to another USC, so the only "legal" aspect they are doing is that remote marriage), so why can't there be something able to be done about AOS interviews remotely? That sort of marriage ceremony was legally recognized (if USCIS would be allowed to rule on it, they would frown that the marriage couldn't be "consumated" in that circumstance, and thus was invalid). Aren't the conditions penalizing the servicemember's family for his/her service to the United States?
Adoption of stepchildren: USCIS says that they must be in an LPR status (see above) and physically present with the stepparent for a two year period of time. A deployment "resets" that counter! Once again, when talking lengthy deployments, stepchildren can easily "age-out" of adoptive ability under USCIS requirements.
Today I did a head-spinning call to the USCIS military "helpline" (different number, same crappy service) on the N-600. She wasn't able to tell me anything about adoption other than that for orphans. It was even suggested that after the adoption we could apply for U.S. passports for the kids (requiring proof of U.S. citizenship) as help with the N-600 process (which provides proof of U.S. citizenship) and to "call" them when the adoption was complete to see if the kids could become citizens that way.
Maybe this is a "question for Laurel" in a way:
From a legal Mexican judgement my wife has full custody of the kids, her ex is truthfully listed as total willful abandonment the children and her for longer than seven years...
They don't even have LPR status yet, and I wouldn't think my state is empowered for any adoption judgement in that regard...
I have no legal status in Mexico other than my marriage to a Mexican citizen...