Legal Question in Immigration Law in Maryland

add last name and abot immegratin

hi my boyfrind have the scond greencad for 2 years now and he is resrdent from 2003 he devorce from year ago and we planing to marred next month can he open acase for me in immegration or we have t wat until he get the citezenshep and if it's ok am i elegabul for social security and work permant or every hing will be on hold until he finsh every thing we have 2 boyes bt the scond one have his middle nam how can i add my boyfrind last name to my son


Asked on 10/08/08, 5:03 pm

1 Answer from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: add last name and abot immegratin

If you boyfriend received his green card by marriage to a US citizen, he would be eligible to naturalize (to become a US citizen) after only 3 years. That would have been in 2006 if he got his green card in 2003. Otherwise, he would have to wait 5 years to naturalize, which would make him eligible this year.

In most cases it would be far faster to wait for him to become a US citizen and then file for you as an "immediate relative" than for him to file for you in a family preference category (in this case, 2A) where the wait times for a visa are many years.

Of course, there are circumstances in which I would not recommend someone applying for citizenship, and mainly that would come up if there has been any history of criminal activity.

I would be happy to review your boyfriend's naturalization case and advise you about getting your own green card. Please let me know if I can help.

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Answered on 10/08/08, 6:52 pm


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