Q. Can I get my husband deported? I am a United States citizen. I petitioned for my husband and brought him here from abroad. After three years of marriage and just seven weeks after immigrating, he abandoned me and asked for a divorce. It is clear to me that he married me only to get his green card.
C.R., New York
A. At this point, you cannot do much to affect your husband’s immigration status. Because you thought the marriage was genuine, it would be almost impossible for you to prove fraud. And because you were married more than two years on the day he became a permanent resident, the U.S. Citizenship and Immigration Services won’t be checking to see how your marriage worked out.
My advice: move on with your life. Trying to get revenge won’t help.
Abused spouse rules
Q. I became a permanent resident three years ago under the rules for an abused spouse. My husband and I have been separated for five years now. May I naturalize now?
- M. J., New York
A. If your husband has been a U.S. citizen for at least three years, you can apply to naturalize now. You need not wait until you have five years permanent residence, as is required of most other applicants.
A permanent resident married to and living with the same U.S.-citizen spouse may naturalize after just three years. Individuals who obtain permanent residence under the Violence Against Women Act need not meet the “living with” requirement. Your separation shouldn’t affect your right to naturalize.
Citizenship questions
Q. Am I a U.S. citizen? My mom became a U.S. citizen and then petitioned to bring me to the United States. I was five when I immigrated here. I am now 31. If I am a U.S. citizen, how do I get proof?
- D.H., New York
A. You may be a U.S. citizen. If you are, the easiest and least expensive way to get proof is to apply for a U.S. passport. You can also get a USCIS Certificate of Citizenship by filing USCIS form N-600, but I suggest getting the passport first.
To decide whether you are a citizen, you need to look at the rules for derivative citizenship that apply to children who had not yet turned 18 on Feb. 27, 2001. Children in that category became U.S. citizens automatically if: (1) a parent naturalized before the child turned 18, (2) the child became a permanent resident before turning 18, (3) the child was unmarried met one of the following conditions:
Regardless of which rules apply, if a child is born illegitimate and is not legitimized before reaching the age of 18, the naturalization of the father will not result in the child gaining derivative citizenship. Note that the order of events makes no difference. If a child is a permanent resident and under 18, and then a parent naturalizes, the child gets automatic citizenship. If the parent naturalizes (or was born in the U.S.), and the child gets permanent residence, the child becomes a U.S. citizen the moment he or she becomes a permanent resident, if that happens before age 18.
Allan Wernick is a lawyer and director of the City University of New York Citizenship and Immigration Project. He is the author of “U.S. Immigration and Citizenship - Your Complete Guide, Revised 4th Edition.” Send questions and comments to Allan Wernick, Daily News, 450 West 33rd Street, New York, N.Y. 10001. Professor Wernick’s web site is www.allanwernick.com.
Allan Wernick’s Immigration column is reprinted from the Thursday, January 8 edition of The New York Daily News.
