City University of New York’s School for Professional Studies has extended registration for its online immigration law classes. Classes will begin February 23, so you still have time.
This semester, SPS is offering online classes in introduction to immigration law, business immigration law and naturalization and citizenship law.
For information, go to https://sps.cuny.edu/, write to information@sps.cuny.edu or call 212-652-CUNY, Ext. 2869.
Brothers wrongly deported?
Q. I think my brothers were wrongly deported. How can I get them back into the United States? My three brothers were all permanent residents and under age 18 when our parents naturalized. They got in trouble and were deported back to their home country. From what I have read in your column, they became derivative citizens when their parents naturalized. Can the government deport a derivative U.S. citizen if he commits a crime?
- T., Brooklyn
A. If your brothers derived citizenship from your parents, their deportation was a mistake. They can apply for U.S. passports at a U.S. Consulate and return to the United States.
When a child gets derivative or automatic citizenship based on the naturalization of a parent, he or she becomes a citizen without passing any test. The child’s criminal record or moral character is irrelevant, and the child cannot be deported. That’s true no matter how serious the crime.
If your brothers are convinced they are citizens, they should apply for U.S. passport at a U.S. Consulate abroad. They will need their birth certificates, proof of their parents’ naturalization and proof of the date they became permanent residents. Depending on the facts of their case, a consular officer may advise them they need other documents as well.
Citizen wife lost her job
Q. My U.S.-citizen wife wants to petition for my permanent residence, but she recently lost her job. She is looking for work, but I would like to get my green card as soon as possible. If she can’t prove that she can support me, can my brother help?
- Mustapha, New York
A. If your brother is a U.S. citizen or permanent resident, he can help you qualify for permanent residence. He can submit an affidavit of support to help prove that you won’t become a public charge - that is that you can live in the United States without needing public assistance. Your wife will need to submit an affidavit as well, regardless of her income.
To get approved as a family-based permanent resident applicant, you must submit an affidavit from your petitioner - here, your wife.
To prove you won’t become a public charge, you need to prove support at an income level that is at least 125 percent of the federal poverty level for a family unit that includes
1) you, your wife and all people living in the same residence related to her by birth, marriage or adoption;
(2) claimed dependents on an affiant’s tax returns and
(3) prior-sponsored immigrants.
Because you say your wife is not working, she may be able to use any income you have.
Note, however, that the government allows only lawful income. USCIS excludes income from unauthorized workers. If your combined income is insufficient, your wife can use affidavits from relatives or friends to supplement her income. She can use her or your assets as well to make up for missing income.
My passport was seized
Q. How do I get my passport back? Despite a deportation order against me, I was able to adjust my status to a permanent resident. The government seized my Nigerian passport, and I would like to get in back. Now that I am a legal resident, how do I go about that? - Baba Olabopo, Staten Island
A. Congratulations on avoiding deportation. Now that your legal status has been resolved, you should be able to get your passport back.
Go to the U.S. Immigration and Customs Enforcement office at 26 Federal Plaza in Manhattan and ask for your passport. You don’t need an appointment. That’s the procedure recommended by Lou Martinez, ICE public affairs officer.
Allan Wernick is a lawyer and chair 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, September 11 editions of the New York Daily News.
