World Journal Weekly Q & A - December 17, 2006Upgrading an I-130 petition for a single unmarried son or daughter upon becoming a U.S. citizenChen Reader asks: I applied for my unmarried daughter who is over the age of 21 when I was a green card holder. Now, I have become an U.S. citizen. The previous application is still pending in Texas Service Center and has not yet transferred to the National Visa Center. How should I change the category from F-2 to F-1? What was the procedure and which form should I be filling out?
The latest information that we have on upgrading an I-130 petition at the Texas Service Center is for you to send a request letter, copy of the I-130 receipt, and proof of naturalization to the Texas Service Center General Correspondence P.O. Box. That address is U.S.C.I.S./ TSC A permanent resident wants to stay outside the United States for most of the next five yearsMao Reader asks: My son is 18 years old and currently living in Taiwan. His priority date for his F1 category is 6/21/2001. If he wants to remain in Taiwan for college and military service (about 5 years), how does he maintain his green card status? Does he only need to enter the U.S. twice a year or apply for re-entry permit of schooling reason? Dear reader: There is no guarantee the your son will be able to remain mostly outside the U.S. for the next five years and still maintain his permanent residence status, but it would appear that his reasons for doing so (military and schooling) are fairly reasonable and would probably be accepted by an immigration inspector. His best course is to enter the U.S. as often as possible and apply for reentry permits during this time. While a reentry permit is not a guarantee of entry, it does increase in individual's chances since it informs the immigration inspector that the immigrant knew that he/she would be out of the U.S. for a longer period of time than usual and informed the U.S.C.I.S. of the temporary nature of the travel and his/her intention to return previously. Reader will be stuck outside the U.S. following surgery when the green card expiresCheng reader asks: My green card will be expired at the end of this year. According to the rule of renewal, the green card holder should be in the U.S. to apply for I-90 - Application to Replace Permanent Resident Card. I just had an operation in Taiwan and the doctor said I needed to recuperate and could not take long flight traveling. Therefore, I could not come back to the U.S. in time to apply for my I-90. I checked USCIS’ website that mentioned: “If you are outside of the U.S. at the time of the card expiration, and you have not applied for the renewal card prior to your departure, you should contact the nearest American Consulate before attempting to file Form I-90 for a renewal I-551 card.” My questions are: 1) Can I proceed with my I-551 application with AIT? 2) Can I enter into the U.S. using expired green card? Should I prepare with me the doctor’s certificate or other documents for inspection at the port of entry? Dear reader: I will assume for purposes of your question that you have not already
violated the terms of your permanent residence (been outside the
U.S. for one year or more without a reentry permit). It is a good
idea to go to the American Institute in Taiwan with your green card
and proof of your surgery with a doctor's prognosis for recovery
and travel. Traveling back to the U.S. on an expired green card
is not recommended as you may have problems boarding the air carrier.
The airlines are subject to fine for allowing people to board who
are not authorized to enter the U.S.. If you do manage to board
the carrier, the immigration inspector would probably only make
you fill out the I-90 form at the port of entry or defer your inspection
to the local office for such purpose. Does a child under the age of 14 require fingerprinting who files an I-485 application for adjustment of status to permanent residence before turning 14?Zhang reader asks: I have a brother who is 12 years old. Does he need to do finger printing when he applies for his political asylum green card? If not, how long can he receive his green card? (Assuming his other procedures are done properly) Dear reader: Everyone who applies for permanent residence is required to go through a biometrics appointment which may or may not include fingerprinting depending upon the age of the individual. It is difficult to state whether your brother will need to undergo fingerprinting because of the uncertainty of when U.S.C.I.S. will adjudicate his application. Fingerprinting is mandatory for applicants between the ages of 14-78. Currently the Nebraska Service Center of U.S.C.I.S. which processes all asylum adjustment applications across the U.S. is reaching applications in this category which were submitted in August 2003. If your brother turns the age of 14 prior to his case being adjudicated, he should receive a biometrics appointment for the purpose of taking fingerprints. U.S.C.I.S. will normally send a request for the $70 biometrics fee and the parents will have to send the request letter back with a $70 check made out to the "Department of Homeland Security". It is also difficult to state how long the adjudication will take since U.S.C.I.S. has been inconsistent in taking care of cases chronologically in this category. The trend, however, appears to be a quickening of adjudications in this category rather than any slowing down.
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Copyright © 2003-2006 Alan Lee,
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