Q & A January 8, 2006Q & A 1. Complications of Marrying at Any Time (Even After IV Interview) and Then Entering the U.S. as Unmarried Son or Daughter of U.S. CitizenNorth Carolina Reader asks: I came in U.S. in 6/1996 as an U.S citizen’s unmarried adult child. It has been almost 10 years and during this period, I went back China several times to visit my husband and daughter. As soon as I came in the country, I hired a New York attorney and filed an application for my husband and daughter to join me. However, as of now, I still have trouble finding out the status of my husband and daughter’s case. I checked with Charleston’s immigration office and was told they had my case and my family’s priority date had long passed. I am not sure how to continue my family’s case. However, there was an episode on my case. My father applied me in 1986 as an unmarried child. When immigration notified me to come to U.S. 10 years later (in 1996), my husband and I registered our marriage. We thought that he could come to U.S. to join me as my husband. We thought immigration would allow for me to come to U.S. even thought I changed my status from the original single to married status, because the 10-year time had passed and things had changed. Please let me know if I should re-file application for my family or how to trace with the immigration? Dear reader: It appears that your case is complicated by a number of factors. The most obvious is that you were not supposed to immigrate under a category for which you were not entitled. You lost your entitlement to immigrate as an unmarried adult child when you married. An individual who is given an immigrant visa in the unmarried category must remain unmarried until the time that he/she sets foot in the United States with the immigrant visa. When you applied for your husband and daughter under the follow to join category and with the marriage paper predating your date of entry to the United States, that evidently raised many questions with legacy INS which appear to be holding up their cases even today. A resolution with the American consulate in China or with tracing or refiling an application at this time (if you are still a green card holder) appears unlikely for a variety of reasons. However, it would appear from the facts in your letter that you are not removable from the United States. (I am assuming that your father became a U.S. citizen before you registered your marriage). Although there is no clear solution to your case, I suggest that you find yourself a good immigration lawyer to make an application for naturalization (if you have not yet done so) to speed up any determination on your status. If the U.S.C.I.S. is willing to allow you to become a citizen, you should immediately file new petitions for your spouse and daughter.
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Copyright © 2003-2006 Alan Lee,
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