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 [email protected]. 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.
1) QUESTION: My partner (a U.S. citizen) and I are planning to get married soon. Once I complete my GED, I will be eligible to apply for DACA. Should I apply for DACA or apply for a green card through my marriage?
ANSWER: Of course the green card through your marriage would be preferable to the DACA Deferred Action, which is a temporary benefit. But I can’t say whether you are eligible to apply for the green card without knowing all about you. It may be that the best option for you is to get the DACA while going through the process to eventually get the green card through the marriage.
2) QUESTION: I was born in Colombia and naturalized in Spain. Soon I will have had a green card for 5 years. Will I be able to become an American citizen? If so, can I maintain citizenship in Colombia and Spain?
ANSWER: Being a U.S. permanent resident for 5 years or more is only one of several requirements to be eligible to apply for U.S. citizenship. I am attaching a link below to an article on my firm’s website with a brief overview of some of the other requirements: http://visalaw.wpengine.com/visa-spotlight-the-qualifications-for-naturalization/
The U.S. allows for dual citizenship. I don’t know what the rules are for Colombia and Spain, or if they would consider you to have lost their citizenship if you become a US citizen.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.