Q & A July 25, 2004

Q & A 1. 2.


Q&A 1.

Dear Mr. Lee:

My husband was issued a V visa in August 2003, and came to the United States in October 2003. Because he had certain business to take care of, he went back to China in January 2004. Until this point, what procedure is still needed for my husband to get a green card? While applying for the V visa, the Immigration mailed us application forms twice. The first time we paid $65, filled out some forms and mailed them back. Soon after, the Immigration sent us more forms. This time we were asked to pay $335 and some more forms to fill. Some people said that the visa we are applying is an immigration visa, not a V visa, that we have already applied V visa and need not to apply for an immigration visa. So we didn’t mail in the $335 neither the forms, although I still have these blank forms kept in my drawer. Later my husband received his V visa successfully. Questions:

1. How long can he stay in China while his V visa is in effect?
2. Will this failure to fill the requested forms hurt my husbands chance to get his green card in the future? What should I do from now on?

Hu
N.Y.

Dear reader:

1. Under the V visa status, your husband can stay in China until the expiration date of the V visa although it would then appear that there is not too much purpose to your husband's having obtained the V visa.

2. A V visa is not the same as an immigrant visa. Your husband's choices at this point are that he can continue with the immigrant visa case with the American consulate and be interviewed in Guangzhou at the American consulate in the future. To do so, you would have to send back the fee bill to the National Visa Center. If your husband would rather interview for adjustment of status at the local office of the U.S.C.I.S. in the States, he would come back and submit an I-485 adjustment of status to permanent residence package to the local office (unless under the jurisdiction of Baltimore CIS in which case the application would go to the Vermont Service Center of the U.S.C.I.S.), and wait for the processing time to clear before he is invited for interview at that office. At this time, it does not appear that having put the fee bill in your drawer has hurt your husband's chances of obtaining his permanent residence in the future.

Q&A 2.

Dear Mr. Lee:

I have a relative whose mom came to the States in May 2001 on a B-2 visitor’s visa. And due to many personal reasons, she overstayed her visa. Now she is still in the U.S. Her son just became a U.S. citizen in January 2004.

The question is:
Can her son apply for green card for her? Will she be rejected because of her overstay status? If she can apply for green card, what forms does she need to fill out?

Thank you so much for your help.

Christine

Dear reader:

The parent of a U.S. citizen over the age of 21 qualifies as the immediate relative of a U.S. citizen and is allowed to adjust status in the States so long as he/she entered the U.S. legally even after he/she has overstayed the period of visit. Adjustment of status is usually commenced by the filing of I-130 Petition for Alien Relative and I-485 Application for Adjustment of Status at the local office of the U.S.C.I.S. (procedures vary in the Baltimore district where such applications are first submitted to the Vermont Service Center, and in the Dallas office wherein a pilot program is underway to submit and interview on the same day). In addition to the forms, there must be documentation of the citizenship status of the petitioner, and the relationship between your relative and her mother as well as of the mother's birth and marital status. Depending upon the local office practice, medical examination and financial support papers may be required at the time of filing or at the time of interview.

 

Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.