Martha Delgado's Answers

What do I do to help?

It sounds like your friend tried to adjust his status based on his marriage to his wife, a U.S. citizen. If this is the case, then the wife has to appear for the interview to indicate that she is still willing to sponsor him. In addition to appearing at the interview, the couple must also present evidence that they entered into the marriage in good faith and that it was a bonafide marriage. In other words, they must prove that they didn't marry just so that he would get his legal residency....

Do i need an attorney for this matter?

If you are subject to the 2-year foreign residency requirement, you are ineligible to change or adjust your status or receive an immigrant visa until you retun home and physically reside in your home country for 2 years or you receive a waiver of the residency requirement. Some of the basis for the waiver include that you would be subject to persecution if you returned to home country or that departure from the US would cause exceptional hardship to your US citizen spouse or child. You must...

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How the immigration process works?

The purpose of the I-751 is to demonstrate to the CIS, once again, that your marriage is bonafide and was entered into in good faith. Although the form is short, you must submit enough evidence of your married life to be able to document that you and your spouse have a marriage that shares financial and other responsibilities associated with marriage. Depending on the strength of the documents you submit, the case can be approved without the need for a 2nd interview. However, a certain...

LPR obtained in April-2003. Did not stay in US for some reasons consecutively.

In general, lawful permanent residents must apply to the CIS to obtain US citizenship. This is done by filing the Form N-400. However, your question raises some concerns because it is unclear when you returned to the US. Since it appears that you may have been out of the US for a continuous period of over one year, it is possible that the CIS can try to argue that you abandoned your legal residency. In this situation, I would advise that you speak to an immigration attorney before you file...

What forms do I need to file for citizenship? ( I was 27 years old when I entered the US, so I didn't register with Sel. Serv.)

Lawful permanent residents (LPR) who want to apply for U.S. citizenship must file the N-400 form with the CIS along with evidence of legal status and the required filing fee. Since you entered the U.S. after your 26th birthday, then you did not have an obligation to register with the Selective Service and you can answer "no" to that question on the N-400 form. Keep in mind that you cannot file the application more than 90 days before the 5th anniversary of having obtained LPR status.