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Filing fees for citizenship to rise July 30
By Allan Wernick
Syndicated Columnist

www.allanwernick.com

allanwernick@earthlink.net
immigration

You have until July 29 to beat the U.S. Citizenship and Immigration Services fee increases.

Applications filed or postmarked after that date must include the new fees. For naturalization applicants, the fees will go from $400 to $675 (including the biometric -- fingerprinting -- fee). If you qualify, now's the time to apply. You can get a full list of the new fees at the USCIS Web site, www.uscis.gov.

While completing Form N-400, Application for Naturalization, might seem easy, I suggest you get help from an immigration-law expert. You might want to try to get help from a not-for-profit agency. These agencies provide free or low-cost assistance. You can find a list of not-for-profit immigration-law service providers recognized by the U.S. Board of Immigration Appeals at www.usdoj.gov/eoir probono/states.htm. You can find a list of not-for-profit agencies (sometimes called voluntary agencies or VOLAGS) on my Web site, ww.allanwernick.com. Most of these agencies charge fees, but usually those
fees are less than you would pay a lawyer.

Travel for fiancée of U.S. citizen
Q. If I bring my bride-to-be here on a K-1 fiance(e) visa, can we immediately go to the Bahamas? How about Las Vegas? I understand that once the U.S. consul abroad grants my bride a fiance(e) visa, she'll be admitted for 90 days. -- Allan Toor, Pompano Beach, Fla.

A. A trip to Las Vegas shouldn't be a problem. If you want to go to the Bahamas, I suggest you meet your fiancee there before she comes to the United States. If she wants to come here first, you must marry her and have her apply for permanent residence and simultaneously apply for travel permission, called"advanced parole." An advanced-parole document allows her to travel abroad and re-enter while her residence application is pending.

If the U.S. consul grants your wife a fiance(e) visa, it will be valid for only single entry. She can use it only once to enter the United States. The exception is for Canada or Mexico, where she can travel and reenter so long as she travels within the 90 days noted on her Form I-94, Arrival/Departure document.

She can keep her residence after divorce Q. If my husband and I divorce, can I keep my permanent residence? My husband and I have been together for nine years. We've been married for two years and have a 7-year-old son. I want to leave my husband, but he says that if I do, he'll divorce me. He petitioned for me, and the U.S. Citizenship and Immigration Services granted me conditional permanent residence valid for two years. -- Name Withheld, Fort Lauderdale, Fla.

A. You can keep your permanent residence even if you and your husband divorce. In marriage cases, the USCIS grants only two years' conditional permanent residence when the person got his or her immigrant status within two years of that marriage. As a conditional resident, you must apply to remove the condition in the 90 days before your two-year green card expires. If you divorce, you must "self-petition" to remove the condition. To do so, you need to prove only one of the following: You are divorced and you entered the marriage in good faith, the marriage was bona fide, or "real," and making you leave the United States will result in your suffering extreme hardship, or you or your child was the victim of abuse.



Green card cost surging to more than $1,000

By SUZANNE GAMBOA
Associated Press Writer

WASHINGTON (AP) _ The cost of the first step toward citizenship _ obtaining a green card _ will soon surge to more than $1,000, a price tag certain to be a hardship for many immigrant families.

A laborer earning the minimum wage of $5.15 an hour would have to save every penny earned for five weeks to pay for the card, which is issued to permanent legal residents. Immigrants to the U.S. must hold this status for five years before they can become naturalized citizens.

The new prices, which do not require congressional approval, take effect July 30.

A green card will cost $930, plus an extra $80 for mandatory fingerprints, a total of $1,010. That's up from $395 _ $325 plus $70. Children 14 and under and people at least 79 years old would be charged less and would not be fingerprinted.

Advocacy groups and some immigrants say the increases are too drastic. The cost of a green card is only a portion of the expenses borne by immigrants seeking citizenship or other benefits.

"They are taking advantage of the fact that people will pay anything to become a citizen,'' said Unyoung Lee, 24, of Northbrook, Ill., who is trying to file her citizenship application before the prices go up.

Lee came to the U.S. with her parents and brother in 1992. Because of the high cost, her family took turns applying for naturalization. Lee's mother went first, then her brother. Her father was to go next, but with the fee increases they decided Lee should apply instead.

A college graduate earning about $26,000 a year, Lee works at the Korean American Resource and Cultural Center, where she helps other immigrants navigate the citizenship process. She also is paying off student loans and helps her parents, with whom she lives.

"I just saved up enough money and I'm going to apply next week,'' Lee said. ``Dad is going to have to wait for the fee increase.''

Under the current fee structure, the cost for all four family members to naturalize was $1,600. Under the new structure, Lee's father would pay $595, plus the $80 for electronic fingerprints.

There also is a renewal fee.

Immigrants also must pay to get necessary documents from their home countries or local courthouses, and to get that paperwork translated and notarized.

Democrats in Congress have criticized the fee hikes. Sen. Barack Obama, D-Ill., and Rep. Luis Gutierrez, D-Ill., introduced legislation seeking to ease the increases by having Congress allocate money to the federal agency.

Emilio Gonzalez, Citizenship and Immigration Services director, said the fee increases were needed instead "because we need the money'' and the fees allow flexibility in adjusting to the application workload. "To do nothing is to invite organizational disaster because we are just not covering the cost of doing business,'' he said.

The agency expects the increases in green card and other fees to generate an extra $1.1 billion annually, raising its overall fee collection to about $2.35 billion a year. The money would be used to hire and train 1,500 employees, to pay for new or renovated offices and to streamline application processes for legal permanent residency, naturalization, immigrant worker petitions and green card renewals.

Jay Marks, an immigration attorney in Silver Spring, Md., said one of his clients, a legal permanent resident seeking citizenship, wants to bring his wife and four children from Mexico.

To do so, the client, whom Marks declined to identify, must file petitions that are going up in price from $190 to $355. Marks said he advised his client to file two sets of petitions, plus the citizenship application, before the fee hikes kick in.

The cost for that, roughly $1,350 now, would rise to $2,450 after July 30. The client, Marks said, earns $12 to $15 an hour as a landscaper, a job he's worked for 20 years.

It is unfair, Marks said, for the immigration agency to put its administrative costs "on the backs of folks who are already paying taxes in order to get these benefits, many of them working two jobs.''

Immigration officials set a $600 fee for green cards for children under 14 who apply with a parent. They pay $225 now.

Aman Kapoor, founder of the advocacy group Immigration Voice, said he and his wife have been waiting for green cards for three and a half years, and have been fingerprinted five times. Each fingerprinting cost them $70 each.

Kapoor figures they spend $700 to $800 for each trip from Tallahassee, Fla., to Jacksonville, Fla., to handle their immigration affairs. He questions the multiple fingerprinting, since his prints haven't changed.

He earns $100,000 a year, and his wife also works, so Kapoor says the fees aren't as painful for them. But, he asks, ``Why should anybody have to pay this cost?''