09:40 PM EDT on Wednesday, October 12, 2005

Frank the moderator: Welcome. The Web site of The Providence Journal – projo.com - will host a series of Internet “chats” this week, on topics of interest to Rhode Island’s burgeoning Hispanic population.
Tonight at 7 p.m. our guest will be Delia Rodriguez-Masjoan, an immigration expert, answering questions on immigration law.
Go here for more information: http://www.projo.com/hispanicchatsinfo

Delia Rodriguez-Masjoan, raised in Córdoba, Argentina, has lived in the United States for the past 19 years. Delia has over 15 years of experience working on immigration issues, assisting people navigate through the process of petitioning for their relatives, applying for citizenship, obtaining Temporary Protected Status (TPS), helping victims of domestic violence obtain protection and permanent residence status, as well as counsel and advocate for issues related to immigrants in this country. She has been active in many Latino organizations helping build capacity and develop networking opportunities. For the last 8 years, Delia has hosted two weekly Spanish Radio Programs on WPMZ Poder 1110 AM, one on community issues and the other one on immigration law. Delia currently works at Rhode Island Department of Elderly Affairs in the Senior Health Insurance Program and serves on the Governor's Commission on Hispanic Affairs.

She will be answering questions on immigration law, such as how do people obtain legal permanent residence status in the United States, what steps do I need to take to become a US Citizen, how can someone invite a friend or relative to visit the United States, and many more questions related to immigration law.

Delia Rodriguez-Masjoan has arrived and will be posting responses to your questions shortly. You can also post a question now. Thanks.

Frank the moderator: Karisa Tashjian via email asks:
For candidates who have had one naturalization interview and failed: - Must they pay for subsequent interviews? - Are there any limits on the number of times a candidate can fail and re-test? - How soon after a failed interview can a candidate re-test?
Delia Rodriguez-Masjoan: Hi Karisa, A person applying for US Citizenship has the opportunity to re-test for their exam only once after their first failure, without having to pay again for the re-test, and only if the candidate failed to demonstrate a level of comprehension in English, or the knowledge of the history and government of the United States. For a candidate to re-test they must wait for immigration to schedule them for the second interview in which they will be re-tested where they failed.

Frank the moderator: Tashjian via email asks:
Would a candidate with 4 misdemeanor arrests (mostly DUI) be considered ineligible for naturalization?
Delia Rodriguez-Masjoan: It is extremely important that any Legal Permanent Resident wishing to apply for US Citizenship who has had any kind of contact contact with the police or with immigration, consult with an attorney expert on immigration law before applying for US Citizenship. There are many cases, including misdemeanors, that are deportable offenses for Legal Permanent Residents, no matter how many years they have lived in the United States or what family ties they have here.

Frank the moderator: Tashjian via email asks:
If a candidate obtains citizenship, how long must he/she wait to petition for bringing relatives to the US? Is there a limit on the number of petitions for relatives?
Delia Rodriguez-Masjoan: A person who becomes a US Citizen, can petition for their relatives the same day they obtain their US Citizenship by performing the Oath of Alligence at the US District Court. There is no limit on the number of petitions a US Citizen can file. A US Citizen can petition for their parents, brothers and sisters, sons and daughthers (single and married) as well as for their spouse.

Frank the moderator: Tashjian via email asks:
Are there some specific requirements/qualifications for Fee Waivers for naturalization?
Delia Rodriguez-Masjoan: Immigration has the discretion of waiving the immigration fee on certain forms. What they ususally take into consideration is the type of form being filed, as well as the income and expenses of the applicant. Usually, if a person is elderly, has very little income, and wishes to apply for US Citizenship or they need to renew their Alien Card (Green Card), they may request the waiver and immigration will consider the individual circumstances of that case. It is entirely immigrations decision to accept or deny a fee waiver.

joseniel: delia yo tengo una pregunta .mima es ciudadana desd que yo tenia 15 ano ami metogaba la ciudadania atrave de mi mama mis 2 hermano se icieron sudadano yo no loisa por que yo me fui a vivir new york mi pregunya es aun gue yo lla se machor de edad la puedo aser me ciudadano atrave de my mama por que cuando my mama se iso ciudadana yo hera menor yo perdi la ciudadania cuando entre ala machoria de eded por mi mama.por favor de jeme saver cracia. roberto
Delia Rodriguez-Masjoan: A partir de Febrero del 2001, un niño, Residente Legal, menor de 18 años, obtiene la Ciudadanía Americana un vez que uno de sus padres se convierte en Ciudadano Americano. En este caso, los padres pueden solicitar a inmigración el Certificado de Ciudadanía Americana, y también pueden tramitarle al niño el pasaporte Americano. Si usted calificaba para la Ciudadanía basado en sus padres cuando usted era menor de edad, usted puede solicitar el certificado de Ciudadanía aunque usted ahora sea mayor de edad.

talk: A relative of mine has been in the US for over 25 years with a permanent Alien Card (Green Card), is there any reason he should consider apply for citizenship? What is the benefit of naturalization over the other permanent status?
Delia Rodriguez-Masjoan: There are many reasons a person may consider applying for US Citizenship, but ultimately it is the person's personal choice. Some of the reasons why someone may choose to apply for US Citizenship is because: - You gain the right to Vote in the United States. - You can petition for more relatives. As a Permanent Resident you can only petition for your spouse and single children. - You can stay outside of the United States for as long as you want to, without worrying if you may be inadmissible to the United States when you return. - You can retire in another country and collect your pension. - You are protected from deportation.

Frank the moderator: Delia -- Has it become more difficult to become a citizen since 9/11?
Delia Rodriguez-Masjoan: It certainly has become more difficult to become a US Citizen after 9/11. Howver, many of the restrictions began almost 10 years ago with laws passed by Congress that made many misdemeanor offenses, deportable offenses. It is very important, and highly advisable, that individuals who are Permanent Residents and are considering applying for US Citizenship, check with and expert immigration attorney on thier particular case, specially if they have had ANY contact with law enforcement.

Frank the moderator: What resources are available to people to help with immigration issues?
Delia Rodriguez-Masjoan: Rhode Island has two community agencies accredited by the Board of Immigration Appeals that provides assistance to people on immgration issues, the International Institute of Rhode Island and the Catholic Diosese of Providence. Furthermore, Progreso Latino has an immigration department with an attorney and case workers with many years of experience in immigration law. There are also attorneys who specialize in immigration law and a lsit of them can be obtained at the International Institute.

Frank the moderator: What got you started in this field? and how long have you been helping people?
Delia Rodriguez-Masjoan: When I moved to the United States almost 19 years ago, I had a desire to help people. Having lived in Argentina while growing up and moving back to the United States with a young family, I had to personally learn the system in order to help my family. I was fortunate to obtain work with a great organization like the International Institue of RI, where I obtained the Accreditation by the Board of Immigration Appeals to represent clients in front of immigration officials. I attended numerous trainings on immigration law and after several years of working there I moved on to other kinds of jobs in the community, but always with that desire to help people navigate the complex filed of immigration. I believev that the best way to help is by providing information and resources to people, and I have been lucking to be able to facilitate those conections to resources and information. One avenue for me to provide this information has been through a Spanish Radio Talk Show I host every Wednesday morning on WPMZ Poder 1110 AM. During that program I acept call ins from the audience and answer questions on the air.

Frank the moderator: Delia -- thank you for spending time tonight with projo.
Delia Rodriguez-Masjoan: Thanks to everyone who participated in this e-Chat. I appreciate the opportunity to share with you all some basic information about immigration and look forward to chting with you again. Muchísimas gracias, buenas noches y hasta pronto.... Chau, Delia