Nanny Niece

"MY niece is 21 years old and lives in London. My husband and I are American citizens and we live in New York. We have a child, with another on the way. Would it be possible to sponsor my niece for a green card as an au pair? We do not want a stranger looking after our children, and it would seem to make sense to have some sort of accommodation for people such as ourselves who wish to use relatives."

IT may make sense, but there is no such provision in immigration law for hiring relatives for childcare purposes.

It is possible to act on behalf of your niece, but be prepared for a significant wait. You would be able to apply for a green card for her under the EB-3 category. Nannies are considered to be skilled workers - there is a sub-category of EB-3s for unskilled workers, which nannies used to fall under, but that rule was changed a few years ago.

Nannies availing of EB-3 classification must meet the following requirements - at least one year of household domestic experience, and a full-time U.S. position must be on offer. The U.S. employer would have to receive labor certification from the Department of Labor, which is a fairly lengthy and involved process.

In order to pursue a green card for your niece, you will definitely need to speak with an immigration attorney who can help you navigate the do's and don'ts.

When Can I Apply?

"I HAVE held a green card for almost three years. I married an American citizen, but unfortunately the marriage did not work out and we've divorced. Can I apply for American citizenship now because my green card was based on marriage to a citizen, or do I have to wait until five years have elapsed? I have received different information on this matter."

THOUGH your status was based on your marriage to a citizen, in order to apply for naturalization after three years in good standing instead of the usual five the marriage must still be valid.

As you are now divorced, you'll have to pursue citizenship once you've been a permanent resident for five years. Actually, you can submit the paperwork when you've reached four years and nine months.

Those who are issued green cards via marriage to an American citizen can apply for citizenship after three years (or, two years and nine months.) All other green card holders must wait it out for an extra two years.

Processing Delays

THE U.S. Citizenship and Immigration Service (USCIS) is admittedly overwhelmed by the number of applications for various services that it has received in recent months. As such, the agency is warning that processing times are on the rise because of the increased workload.

"In July and August, nearly 2.5 million applications and petitions of all types were received. This compares to 1.2 million applications and petitions received in the same time period last year," an agency release noted.

Why such a big surge over 12 months? USCIS introduced significant fee increases across the board that went into effect on July 30. The naturalization fee more than doubled, from $330 to $675.

"Were we caught off guard by the volume? Let's just say it was anticipated it would increase. It was not anticipated it would increase by that much," said USCIS director Emilio Gonzalez.

"This fiscal year, we received 1.4 million applications for naturalization; nearly double the volume we received the year before. The agency is working to improve processes and focus increased resources, including hiring approximately 1,500 new employees, to address this workload."

Those seeking U.S. citizenship had better settle in for a wait, as USCIS is reporting the process could, for the foreseeable future, take 16-18 months to complete.