Q & A November 14, 2004

Q & A 1.

Q&A 1.

Questions after filing I-485 application, including speed, financial aid & visas

Dear Mr. Lee:

I immigrated to US in 1997. At the end of that same year, I applied for my wife and minor daughter who lived in China for immigration visa. After the approval of application, they stayed in China waiting for priority date. In 2002, my wife and daughter came to US under V-1 and V-2 visa. Soon after, I became naturalized. Then, I filed I-485 to adjust status for my wife and minor child. My questions are:

  1. At the end of 2002, I applied their adjustment under my citizen status not my green card status. Would that be better and fast? As the present processing speed, how long do they have to wait?
  2. During this adjusting period, what other documents should I be preparing or submitting to the immigration service center?
  3. During this adjusting period, must my wife find a job and work?
  4. My daughter will be applying for college soon. In what kind of eligible status should she apply for financial aid? For example, in the FAFSA form, there is citizen and eligible non-citizen and its eligible non-citizen is to be recognized by the Department of Homeland Security. What type of documents would be required for the confirmation or secondary confirmation of eligible non-citizen? Is V-visa holder recognized as an eligible non-citizen?
  5. Their V-visas is valid for 10 years but their I-94 card is only valid for 2 years. What should we do after the 2-year period has expired?
  6. After I applied for their adjustment, are their V-visas continued valid? Can they leave the United States or what documents are needed to ensure their re-entry?
Thank you for your advice.

Xu Reader

Dear reader:

1. After the filing of I-485 applications to adjust status to permanent residence, the waiting time depends upon the speed of the U.S.C.I.S. district office. For example, if you filed in New York, that office states that it is currently processing I-485 applications submitted as of June 3, 2003. (Note: However, I do not think that date represents an optimal time for the district office, and there are still a number of 2002 cases which have yet to be scheduled for interview). Readers should also be aware that the New York district office has a pilot program until the end of September 2004 to speed up new I-485 filings and new cases are being scheduled for interview within four months of filing. This is of course unfair to the large number of individuals like your family who filed long before and have not yet been interviewed. You were correct in filing for your family's adjustment after attaining your U.S. citizenship. .

2. When the district office sends out a schedule for interview, it will send out a list of items which it wishes you and your family to bring to the interview. Such list normally includes current job letters, recent paystubs, tax returns for the past three years, medical examination (if not already taken), etc.

3. As the petitioner, you must submit affidavits of support for your family members. If your income and assets are sufficient to support your family, your wife does not have to work. On the other hand, it might be beneficial for your wife immigration-wise to work if your income and assets fall below the federal poverty guidelines to support your family.

4. I cannot answer your question concerning financial aid as aid packages and eligibility guidelines vary greatly depending upon the granting body. The only federal example that I can point to is the student guide from the U.S. Department of Education which is online at http://studentaid.ed.gov/students/publications/student_guide/index .html. It considers as eligible for federal aid U.S. citizens, U.S. nationals, permanent residents, refugees, asylees, Cuban and Haitian entrants-status pending, and conditional entrants (only if issued before 4/1/80. It specifically states that if the person only has a notice of approval to apply for permanent residence, he/she is not eligible for federal student aid. As a V visa is only a temporary status, a V would not appear to qualify under these guidelines although it could be argued that a V visa holder is admitted with the government's full knowledge that he/she will become a permanent resident, that the V status is only a stepping-stone, and that he/she is given employment and travel privileges in the interim. In addition, as you have already stated, they applied for their I-485 adjustment of status processing long ago.

5. As you have already filed I-485 adjustment of status applications, your family members do not have to renew the V visas at this time. However, if they wish to continue working and traveling on their V visa status, they can request extensions of status from the U.S.C.I.S. with an explanation of their present I-485 status.

6. After filing for adjustment of status, your family's V visas are still considered to be valid for the duration of the visas. They can reenter the United States on that basis. As they have already filed for I-485 adjustment of status, they should carry such proof of filing with them when they reenter the States.

 

Copyright © 2003 - 2004 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.