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If you’re going abroad, do what you can do before leaving, reschedule yoru appointments and have someone trustworthy get your mail for you.
Q. I want to naturalize, but I need to travel abroad in May. Can I travel after filing my application? I have to travel to Africa to be with my mother, who will have heart surgery in June.
Anonymous, New York
A. You can travel abroad while your naturalization application is pending. If U.S. Citizenship and Immigration Services calls you for your interview or swearing-in while you are away, you can reschedule those appointments. The naturalization process takes four to five months.
Go take care of your mother. If you file your application now, you can complete the biometrics (fingerprinting and photos) process before you go. Make sure someone is getting your mail. If USCIS sends you an interview or swear-in notice while you are away, follow the instructions on the form to reschedule. USCIS has been doing a good job handling rescheduling requests.
OLDER PEOPLE CAN GET U.S. CITIZENSHIP WITHOUT ENGLISH TEST
Q. An article you wrote about how an abused spouse could self-petition, inspired me to apply for a visa. USCIS approved my petition. What is the next step? When I apply for my green card, can I include my daughter? She too was abused. Can we get work permission?
Candice, Raleigh, N.C.
A. I’m glad I could help. If your spouse is (or was, if you are divorced) a U.S. citizen, you — and maybe your daughter — can apply immediately for permanent residence and USCIS employment authorization. If you qualify as the spouse of a permanent resident, you can apply for employment authorization, but you may need to wait to get to the front of the line under the visa preference system before you can apply for your green card. Either way, you qualify to interview in the United States. This process is called “adjustment of status.” If your daughter was unmarried and under 21 when you filed your petition — and she is still unmarried — she should follow the same steps as you. If she was or is older than 21, she may still qualify, but the rules are complicated. Either way, get help from an immigration law expert. If you can’t afford a lawyer, you can find free or low-cost legal help near you at ImmigrationLawHelp.org.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, New York, N.Y. 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.
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