Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a question about citizenship, immigration. It is

I have a question...

I have a question about citizenship, immigration.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

It is about my wife. She has a "green card".

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I have a general question about name changes and citizenship.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I just need someone who knows about citizenship laws.

Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 1 minute by:
11/17/2017
Nisha Jones, Esq.
Category: Immigration Law
Satisfied Customers: 2,703
Experience: Managing Attorney at a Law Firm
Verified

Good morning, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Immigration Law Question

I'd be happy to help, what's your specific question?

Ask Your Own Immigration Law Question
Customer reply replied 6 months ago
My wife is a citizen of Ukraine. Her green card has my family name and her drivers license has my family name. She has a Ukrainian passport with her maiden name which will expire in Feb 2018. She was advised that she needs a apostille translated to Russian or Ukrainian to get her name changed in Ukraine if she wants to use my family name. And she must return to Ukraine to get her name changed on her passport. Maybe a better solution is to keep her maiden name on her passport and change her name to her maiden name on her green card and her drivers license. How difficult would it be to change her green card name to her maiden name. She probably wants to keep her Ukrainian citizenship as she wants to spend more than 3 months in Ukraine(limit for USA citizen). What is your advise? (I have limited time as I am at work and need to go to a customer)
Customer reply replied 6 months ago
to call you may be a good option, but I do not have time now. Is it possible to renew this discussion later or another day?

Yes, I'll review the information you sent, and you can come back to this thread and initiate the phone call when you are available.

To do so you would just follow the link I sent above.

Ask Your Own Immigration Law Question
Customer reply replied 6 months ago
I don't see a link.

Do you see the link to follow for the phone call now? I've just re-sent it.

Ask Your Own Immigration Law Question
Customer reply replied 6 months ago
Do you mean the Accept this Offer? That is not a link. I thought this site worked with chat. Okay I'll think about it. I thought I had a chance for a free trial for the first question.
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,386
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

I am a new expert and I will try to help you, but please understand that this is not a free service. It looks like you deposited around $43 or $44. Are you ok with that?

Ask Your Own Immigration Law Question
Customer reply replied 6 months ago
I should not have been charged yet. They asked for $5 deposit, refundable. I have not received any answer yet. Just an offer of a phone conversation at $60. I'm willing to pay $40 if I can get accurate advice.
Customer reply replied 6 months ago
I don't have time for a conversation now.

Ok. Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

I have a few questions for you:

How long has your spouse been a U.S. Lawful Permanent Resident?

She does not want to become a U.S. Citizen because she would lose her Ukrainian citizenship?

What city and state do you and your spouse live in?

Ask Your Own Immigration Law Question
Customer reply replied 6 months ago
She has been living in the US with a "green card" for about 8 years. She wants to be able to live in Ukraine for part of the year and in the US for the other part of the year. If she is a US citizen she is limited to 90 days in Ukraine. If she keeps her Ukrainian citizenship she can stay in the Ukraine for 6 months and in the US for 6 months, as I understand it. So this seems to be a better option.She was going to have her name on her passport changed to my family name, but She would need to take an apostille(?) translated into Ukrainian or Russian to Ukraine. We have decided to keep her maiden name on her passport and have her green card name changed to her maiden name. (she has a delays going through customs because they do not match. She needs to carry a marriage certificate as an explanation for the different names).We live in Frederick Maryland.

Ok. If she is not going to get U.S. Citizenship, then she should go through a legal name change locally. Here is a link to that:

http://www.courts.state.md.us/family/forms/drin60.pdf

Once this is done, then she files an I-90 to get a replacement card with the new name. Of course, she has to show that she has legally changed her name, so she has to submit the evidence of the court order that changed her name.

As to 6 months in and 6 month out of the U.S., be careful.

Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.

Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.

Here is an official link:

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

So basically, she should try to spend more than 6 months every 12 months in the U.S. If that will not be possible, at least at the beginning, she can apply for a Re-Entry Permit on form I-131. This will allow her to be outside of the U.S. for up to 2 years. She can use it for multiple trips. If she needs more time, she comes back before the 2 years ends and then she can apply for one more Re-Entry Permit for 2 more years. If she still needs more time, she can apply again, but after 4 years, they get harder and harder to get and often only grant them for one year at a time. At some point she will need to start living in the U.S. and spending more than 180 days per 12 months inside. Here is a link to the I-131:

https://www.uscis.gov/i-131

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,386
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Okay. Thank you for the information. That is very helpful.

You are very welcome! Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,386
112,386 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

112,386 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I have an older green card that was issued in 1974, I was 14
I have an older green card that was issued in 1974, I was 14 yrs old. I have heard conflicting info regarding whether I am required to change it. I will be travelling outside of the country for the fi… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am a green card holder living in the US, but my citizenship
I am a green card holder living in the US, but my citizenship is Japan. The name on my Japanese passport is in my maiden name, and the name on my green card, as well as all other ID's in the US, inclu… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Ive got misdemeanor on 1/12/11 for 12951(B) - refused to present
I've got misdemeanor on 1/12/11 for 12951(B) - refused to present driver license, when I got a speeding ticket. Am I going to have a problem when I renew my greencard? I obtained greencard on 2/12/01 … read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I am a green card holder and also a German citizen. Can i
I am a green card holder and also a German citizen. Can i work in Spain for 6 months legally without risking to loose my green card? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I'm trying to renew my green card and have a couple of
I'm trying to renew my green card and have a couple of questions … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
My wife has a green card but she has gotten a warning twice
My wife has a green card but she has gotten a warning twice at US customs at the airport. She just arrived in the US and she was told that if she leaves the US again, they will automatically revoke he… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am a green card holder (my son is an American citizen and
Hello,I am a green card holder (my son is an American citizen and asked for me) and its time for me to get an American citizenship so I hired the same attorney that did the green card for me and my wi… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
Had a question about traveling with expired green card and a
Hey yes. Had a question about traveling with expired green card and a I 797 notice of action. My green card is marriage based and the application for removal of conditions is being processed. … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
As a permanent resident, who has attained the green card via
as a permanent resident, who has attained the green card via Asylum status what risks are there to be denied entry or being detained if travelling abroad and returning. I have heard of few cases where… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I received my green card in 1983 after being convicted of a
I received my green card in 1983 after being convicted of a felony in 1981 am I still eligible to apply for citizenship? I have no prior convictions since then, and if I do intend to travel will I hav… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
If I obtained my green card through my parents 4 years ago,
If I obtained my green card through my parents 4 years ago, and I recently married a US citizen, am I allowed to apply for citizenship earlier now that I'm married to a US citizen, or do I still need … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
M family recently applied to renew our Green Cards. Three of
M family recently applied to renew our Green Cards. Three of us received new cards within 3 months, one of my sons has bot had his yet. He was arrested two tears ago for (1 month from his 21st birthda… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
I divorce my husband without him getting his green card and
I divorce my husband without him getting his green card and his name is ***** ***** any of my bills. How can he get his permanent green card? … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
I am a green card holder and I'm planning to move back to my
Hi! I am a green card holder and I'm planning to move back to my home country, Mexico. Not sure if I'll like it as I've been out for almost 10 years, so wanted to see if I had any way of keeping my gr… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
Accommodation for disabilities or impairment on the I-90
Accommodation for disabilities or impairment on the I-90 form. The question was asked, Are you requesting for accommodation because of your disability or impairment?. I didn't answer that part. Becaus… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
Am immigrant, I want to apply for citizenship but I do have
am immigrant, I want to apply for citizenship but I do have a criminal record … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
I have a question about citizenship, immigration. It is
no, I have a general question about name changes and citizenship. … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
I am a new green card immigrant. I worked 3 days for a
I am a new green card immigrant. I worked 3 days for a painting job but had to quit because of the commute and unpredictable schedules. They owe me $309 but will not pay me. I have been there 6 times … read more
Expert James
Expert James
Doctoral Degree
12,097 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x