Fraternity-Testvériség, 1966 (44. évfolyam, 1-12. szám)
1966-03-01 / 3. szám
16 FRATERNITY IMMIGRATION AND NATURALIZATION QUESTIONS AND ANSWERS DOES AN IMMIGRANT COMING TO THE UNITED STATES TO GET MARRIED OR TO JOIN HIS FAMILY REQUIRE A LABOR CONTRACT? Question: I am an American citizen and recently served in our army overseas. While there I became engaged. My fiancee plans to immigrate to the United States where we will be married. Because of my modest means, we expect that at least in the beginning she will have to work in order to contribute to the family income. She comes from a country with an open quota, but the American Consul abroad has told her that she must obtain a clearance from the Department of Labor before she may come. Can you explain this requirement? Answer: It is believed that the Consul is in error. This can easily happen with a new law. Your fiancee should not accept the Consul’s statement but get in touch with him again. The State Department and the Labor Department have ruled that, where the primary purpose for coming to the United States is not to join the labor market but to get married, no labor clearance is required. The same ruling applies to various preference categories based on family relationship. In some cases where there is not much money, the question will arise whether the primary purpose in coming to the United States is to join one’s family or to improve one’s financial condition. Each case will be judged individually, and it will be up to the immigrant to persuade the United States Consul of the primary purpose of his immigration. ★ ★ ★ CAN AN EXCHANGE VISITOR CHANGE HIS STATUS TO THAT OF A PERMANENT RESIDENT? Question: I am an American citizen and recently married a professor who came to the United States as an exchange visitor. In due course we expect to return to the country of his birth but he will have to came back here to complete his program. Is it possible for him to become a permanent resident so that he does not need so much documentation when he leaves and re-enters the United States? Answer: As long as your husband remains in lawful status as an exchange visitor, he can use his passport and visa to depart and reenter the United States. At the same time, he should carry with him a form prepared by the institution which employs him, indicating that his exchange program is still in effect. He will not be able to change his status to that of a permanent resident, because under the law exchange aliens have to return for two years to the country of their nationality after their program is completed, unless they receive a waiver of this requirement from the Attorney General and the Secretary of State jointly, because of hardship to the American citizen spouse. From your letter I gather that such hardship is not claimed.
