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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3963
Experience:  Private practice in several areas, including immigration
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My mother came in USA 1973, (petitioned by my grandmother)

Customer Question

hi! my mother came in USA 1973, (petitioned by my grandmother) and become citizen 1984. I was born 1968 in the Philippines and my mother petitioned me 1986 and got here in USA 1987 they issued me a permanent resident alien card without expiration. 1990 I got married to American citizen that is born here, we got divorced 1997. during my marrage, we were on and off coz his drug addiction and me being in battered women shelter, got some help on welfare that time.later on found me a part time job but didn't report it. I got a welfare froud and did my community service only, I been paying it back all the money that want me to pay and done probation 2002. I never update my green card since 1987 until this present. now I'm deciding to apply for citizenship since my kids are grown up now and my ex husband can't stop us to go visit in Philippines. Now that's my question, I'm not sure if I'm citizen yet through my mother, or can I still apply being used to be married to an American citizen or just on my own??
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

The welfare fraud, what was the amount of the fraud?

Customer: replied 1 year ago.
something like 10,000. money and food assistance.
Customer: replied 1 year ago.
I was a part time on that job and no benefits, i didn't know until when I be there and I didn't know that I have to report it, it's my mistakes and right away went to sheriff department to report when they told my boss to see them. when I found a better paying job and become permanent they automatic took it out on my check. which is I thought it's all done and payed off, but it's been 2 years that they start taking some of my income tax and said its for the food stamp, I believe and which I need to clarify this because they send me a letter that I still owed them 400, which they will garnish it to my tax refund again
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

It's important to know if it is over $10,000 or under $10,000 because that's the difference that could get you deported from the U.S.

Customer: replied 1 year ago.
what? really? I don't have my papers and need to go find out exactly, this is 3 hrs away drive to get there.
Customer: replied 1 year ago.
I get back to you once I get it.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

When you entered the U.S. and got your green card, were you over 18 or under 18?

Customer: replied 1 year ago.
going 19 in 2 weeks that time.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Then you do not have a claim to U.S. Citizenship because you had to have been under 18 when you got your Residency status. Now we have to hope that your criminal offense does not make you deportable from the U.S. Take your time to get that information as your question does not close or time out.

Customer: replied 1 year ago.
I was done probation and done community service 2002 I believed, and even got my recommendation or a letter from my probation officer proving this.
Customer: replied 1 year ago.
how much more time I have with you on this ?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

You are not limited to time. Take as much time as you need to get that information because it is very important. Get the statute number under which you were convicted and the amount.

Customer: replied 1 year ago.
ok, I will get back to you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Sounds good.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Joanne. Any word?

Customer: replied 1 year ago.
my daughter was trying to get the record but since it's old, they have to get it somewhere else and take 2 weeks,
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. Take your time. Thank you.