Q & A April 23, 2006
Q & A 1. 2.
3. 4.
Q&A 1.
Parent Takes Big Risk Using B-2 Visitor Visa to Stay in U.S. with
Occasional Trips Back Home in Order to Stay with U.S. Citizen Child
Kathy Reader Asks:
I gave birth to my child 14 years ago while I accompanied my husband
studying in the U.S. We went back to Taiwan when our child was 3
years old. Now, our child is studying at high school in the U.S.
and I came here to take care of him as an visitor status. My questions
are:
1. Will the immigration allow me to stay here for 6 months and go
back Taiwan for 2 weeks, in this pattern, until my child reaches
the age of 18?
2. My child is an U.S. citizen but I am a visitor who is not allowed
to work in the U.S.. Our living expenses must rely on my husband
to mail to us. Can my son apply for government's benefit and
food stamps? Is there a maximum banking deposit limitation? If my
child is qualified, how to apply?
Dear reader:
1. As a visitor, you are not allowed to indefinitely stay in the
U.S. only returning to Taiwan once every six months for two weeks.
A visitor is one who comes to the U.S. to visit and then returns
to a permanent domicile outside the U.S. Instead you propose to
be permanently domiciled in this country during the next four years
and only visit the home country. At some point during the next four
years, there is a good possibility that you will encounter difficulties
with a Customs and Border Protection inspector while attempting
to re-enter the U.S.
2 As an immigration law firm, we do not provide advice on governments
benefits and the answer below was based on our telephoning the U.S.
Department of Agriculture. U.S. Citizens are eligible for benefits
even if their parents or members of their households are non-residents.
Social Security requires having worked. SSI is for the aged, blind
and disabled. Medicaid is a State administered plan providing health
care and money for such. There are income thresholds and you may
contact the U.S. Department of Health and Human Services at 1-877-267-2323.
According to the U.S. Department of Agriculture which operates the
food stamp program on a federal level, a child born in the U.S.
or a legal immigrant child is eligible for food stamps, even if
he/she is in a family where other members of the household are not
eligible. One can find out if he/she is eligible by checking www.foodstamps-step1.usda.gov
and since States issue the benefit, you can find the toll-free telephone
number for your State at www.fns.usda.gov/fsp/contact_info/hotlines.htm.
Some States have work requirements and income thresholds may differ.
Household income requirements vary and generally $2000 is the asset
or bank account balance maximum. One should call 1-800-221-5689.
These contact telephone numbers are generally available in English
and Spanish only. Basic documents are available in 35 languages
including traditional and simplified Chinese at www.fns.usda.gov/fsp/outreach/traslations.htm.
Q&A 2.
Obligation of Disclosing All Incidents with Law Enforcement on
Naturalization Application
Feng Reader asks:
In 1994, I took a subway and put in a token, however, the token
machine had problem and would not let me through. In desperation,
I jumped and crossed the gate and went through, but was arrested
by the plainclothes police. I then appeared in Court, the translator
told me that I made a minor mistake and if I pleaded guilty it would
not be in my record. I then pleaded guilty and was ordered eight
hours of community service. My questions are:
1. In 2002, while applying for green card, I was requested to submit
FBI's fingerprinting as a proof of no criminal record. My
fingerprinting had no problem and I received my green card. Does
it mean that the police station did not keep my fingerprinting record
I took when I was arrested then?
2. During my green card application, immigration did not find any
problem from my fingerprint record; does it mean I should have no
problem applying for naturalization? On the naturalization application,
do I have to mention this undeserved incident?
3. Because of this incident, if I leave the country traveling, will
I have problem come back in during the boarder inspection?
Dear reader:
1 We have seen at times that individuals have received fingerprints
results from police departments that indicate a clean record, but
that the U.S.C.I.S. at the time of interview has a record of the
offense. There are any number of reasons why you obtained permanent
residence without a problem including there being no record entered
into the law enforcement systems by anybody, the examiner only wanting
to see if you have any other offenses, or simply slip-up by one
of the agencies, etc.
2 Yes, you must mention this incident on your naturalization application.
The consequences of not disclosing all prior incidents with the
law could be denial of the naturalization application on grounds
of bad moral character. Such could keep you from becoming a citizen
for five years.
3 As the incident does not appear to be of much consequence, you
should not have a problem re-entering the U.S. during border inspection
even if the offense comes up on Customs and Border Protections (CBP)
agency systems.
Q&A3.
Sponsoring a Parent for Permanent Residence
Jiang Reader from New York asks:
I have been in the U.S. for 10 years and have just naturalized
and became U.S. citizen. I am 20 years old and would like to apply
for my mother who is divorced and currently in China. My questions
are:
1. Where should I start?
2. What qualification do I need as a petitioner?
3. What's the sponsor's financial requirement? And what's
the difference between petitioner and sponsor?
4. I heard that college students could apply for parents to attend
graduation. Since my mother is in China, Can I apply for my mother?
Dear reader:
1 In order for you to sponsor your mother for permanent residence,
you need to be 21 on the date of filing. At that time, you can file
an I-130 petition for alien relative with the U.S.C.I.S. service
center having jurisdiction over your place of residence.
2 As the petitioner, you are already qualified by virtue of your
relationship. The documents that you will need to prove your qualifications
are your proof of birth and naturalization certificate.
3 The sponsor financial requirement is to assure that the individual
being sponsored will be able to live in the United States without
having to work and falling into financial distress. The petitioner
is required by law to be the financial sponsor. In the event that
the petitioner does not have enough income or resources to sponsor
the alien, a good-faith co-sponsor is allowed to present his/her
affidavit of support for the individual. In such case, both the
petitioner and the co-sponsor remain jointly and severally liable
for the support of the alien. Under the 2006 federal poverty guidelines
effective March 1, 2006, a single individual sponsoring one person
in any of the 48 contiguous states and Hawaii must show an income
level of $16,500. I do note, however, that American consulates are
more demanding on support requirements if the person being sponsored
is elderly.
4 Parents are many times allowed to enter the United States in
order to attend the graduation ceremonies of their children under
B-2 visitors visas. However, these visas are given in the discretion
of consular officers. Issuance of such visas depend upon whether
consular officer are convinced that the parents will return to the
home country after the stated purpose of the visit is concluded.
Q&A 4.
Effects of Divorce to Permanent Resident After Obtaining Green
Card from the Marriage
Feng Reader asks:
In 1994, I took a subway and put in a token, however, the token
machine had problem and would not let me through. In desperation,
I jumped and crossed the gate and went through, but was arrested
by the plainclothes police. I then appeared in Court, the translator
told me that I made a minor mistake and if I pleaded guilty it would
not be in my record. I then pleaded guilty and was ordered eight
hours of community service. My questions are:
1. In 2002, while applying for green card, I was requested to submit
FBI's fingerprinting as a proof of no criminal record. My
fingerprinting had no problem and I received my green card. Does
it mean that the police station did not keep my fingerprinting record
I took when I was arrested then?
2. During my green card application, immigration did not find any
problem from my fingerprint record; does it mean I should have no
problem applying for naturalization? On the naturalization application,
do I have to mention this undeserved incident?
3. Because of this incident, if I leave the country traveling, will
I have problem come back in during the boarder inspection?
Dear reader:
1 We have seen at times that individuals have received fingerprints
results from police departments that indicate a clean record, but
that the U.S.C.I.S. at the time of interview has a record of the
offense. There are any number of reasons why you obtained permanent
residence without a problem including there being no record entered
into the law enforcement systems by anybody, the examiner only wanting
to see if you have any other offenses, or simply slip-up by one
of the agencies, etc.
2 Yes, you must mention this incident on your naturalization application.
The consequences of not disclosing all prior incidents with the
law could be denial of the naturalization application on grounds
of bad moral character. Such could keep you from becoming a citizen
for five years.
3 As the incident does not appear to be of much consequence, you
should not have a problem re-entering the U.S. during border inspection
even if the offense comes up on Customs and Border Protections (CBP)
agency systems.
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