In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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I got my green card 9 years ago based on my marriage to my spouse, who is a U.S. Citizen. I am starting to think about applying for U.S. citizenship. Can I apply simply based on having my green card for more than 5 years or do I still need to apply based on marriage?
Just because someone receives their green card through marriage, that does not mean that they are required to apply for naturalization based upon their marriage. If they have 5 years of permanent residence and would be eligible under either category, they could apply using either category.
I am in a startup accelerator program with the ESTA visitor visa from Europe, which allows me to stay for up to 90 days. Is there an inexpensive option to go out of the country to apply for a new ESTA? As I remember, I can’t go to Canada or Mexico. Will I get the new ESTA? Will I have problem on the border?
Each time you apply to reenter the country, a CBP officer is supposed to make a determination as to whether you are using the VWP for a valid visitor purpose. If the CBP officer determines that you are using the VWP for an ineligible purpose, or that you are using the VWP to live in the US, then they will deny entry. This means that any time someone stays for 90 days, leaves for a short visit outside the US, and then attempts to reenter on the VWP, there is a chance they might be denied.
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