ASK SISKIND AND SUSSER
Q: I am married to a green card holder. She has been a permanent resident since March 1991 and will qualify for citizenship in March 1996. We have been married for three years already. Will my green card have the two year conditional status normally applicable to green card spouses? And when can I apply for citizenship. A: The Immigration and Nationality Act and the Marriage Fraud Amendments of 1986 require that aliens married less than 24 months before the alien obtains permanent residency status are granted a conditional green card where the condition must be removed two years after marriage. Hence, your green card will not be conditional. Furthermore, the timing of applying for permanent residency may be affected by when the interview is expected. For example, if interviews typically take six months to schedule at your local INS office, you may want to wait until the marriage is one and half years old before submitting the green card application. Q: Can a child who is born in the US and is, consequently, a US citizen, petition for his parents' green cards? A: Parents of US citizens are eligible to immigrate as immediate relatives, but only if the child is OVER the age of 21 when the application is submitted. Q: Can I get a medical exam from a doctor in another geographic area for purposes of applying for adjustment of status to permanent residency? A: Local INS offices normally provide adjustment applicants with a list of physicians and clinics that are authorized to conduct the medical exams. In many cases, local INS offices will allow doctors from other geographic areas to conduct the exam IF another local INS office has approved the physician. However, the local INS office exercises discretion here and you will need to check to see if your local INS has any objections.

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