Legal Question in Immigration Law in New York

I have been an LPR since 2006, but I am worried I won't be able to become a citizen, for not signing up with the selective Service. I came here 6 months before my 26th birthday and nobody told me I have to do that. My spouse came here in 2000 and overstayed her visa, because her extention approval came when even that was expired already. Is there anything we can do to legalize her? We have a six year old and a house together, have been married for 8 years. We have filed joined tax return for 5 years.


Asked on 9/05/10, 4:50 am

4 Answers from Attorneys

Nicklaus Misiti Misiti Global, PLLC.

You have a number of complicated issues here. You really are going to need to retain an attorney to sort this out for your family. From what you said everything should work out but don't make the mistake of doing this without help. Feel free to give me a call for a free consultation.

Regards,

Nick Misiti

Misiti Global, Pllc

716 830 7960

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Answered on 9/10/10, 6:45 am
Alexander Tsiring The Tsiring Law Firm, P.C.

The path to take is to apply for citizenship for you and work out a problem with selective service issue, and then to apply for your wife.

Proper handling of all the matters will help you to achieve your goals. Consult with an attorney before you do something.

If you have any further questions, you can contact our firm.

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Answered on 9/10/10, 8:39 am

Before anything else, thanks for writing me at LawGuru.com

Well, you can apply for your citizenship and later is possible request for a 'pardon' to USCIS. previous analysis of your case, Is possible get the pardon in some cases. Details: www.uscis.gov

Any doubt or another question, let me know it please.

Thank you very much for visiting me at LawGuru.com

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Answered on 9/12/10, 1:21 am
Rachel Baskin Rachel Baskin, Attorney at Law

You may still be eligible to apply for citizenship. Depending on how old you are now, and how old you were when you became an LPR, you may be eligible to apply for citizenship once you have been an LPR for 5 years. Prior to filing a citizenship application with USCIS, you should consult with an attorney. Depending on your reason for failing to sign up for Selective Service, this is an issue that may be forgiven when applying for citizenship. Again, an attorney will be able to guide you with respect to what you will need to demonstrate to USCIS.

Finally, once you become a citizen, if your wife is eligible to become a permanent resident, you can file for her immediately.

This is general information only; it is not intended as a substitute for legal advice, and does not create an attorney-client relationship.

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Answered on 9/12/10, 6:41 am


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