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3. Ask Visalaw.com

In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

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1) Question:

Does being married to an illegal immigrant jeopardize my chances of getting my citizenship approved? I have a green card and am eligible to apply for citizenship in December. My fiancée entered the U.S. illegally. We planned to get married this summer, but then it came to me that it may affect my citizenship application as they do want details about your spouse. What should we do? Can we marry or should we wait until I get my citizenship?

Answer:

Being married to someone who is out of status should not have any effect on your citizenship application. I have never heard of USCIS holding this against an applicant.

However, you will have to fill out the N-400 completely and truthfully. Lying on the N-400 application will result in you being denied citizenship and having to wait another 5 years. The application asks your spouse's immigration status. So in submitting the application you are in theory putting your husband on immigration's radar. I have not heard of USCIS/ICE using the information in an N-400 to go after a spouse, but there is no guarantee that they will not change their policy to do so in the future.

2) Question:

My wallet was stolen with my legal residency card, what can I do to prove my residency? I have lived in the U.S. since 1977. I was first allowed in on a student visa, but have since married, and applied for my alien residency card in 1980. My wallet was stolen a few months ago; my SS card, my green card, and drivers' license were taken. To get my SS, I need my DL. To get my DL, I need my SS. To get either my DL or SS, I need my green card. What can I do?

Answer:

File a Form I-90 to get a replacement green card. It will take several months to get the new card. However, if you have a valid passport, USCIS will stamp your passport as temporary evidence of your legal permanent resident status, which you can use to get your SS card and DL. Otherwise you will have to wait until you get the new card.

When your card is stolen, USCIS likes to see that you have filed a police report. I do not think they will deny the application if you don't file a police report, but they may ask for it and it would be smart to have such information available.

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