World Journal Weekly Q & A - July 29, 2007
Q & A 1. 2.
Q&A 1.
Why is U.S.C.I.S. Taking so Long to Schedule My I-485 Adjustment
of Status Interview?
Lee Reader asks:
I came into the U.S. under K1 visa, and in the same month I married
my US citizen fiancée in Las Vegas where we reside. I had
my fingerprint done 4 months later. As of now, I haven’t received
any notice. Is this normal? What’s the green card process
in Las Vegas? I was told that other states only take 1-2 months
for interview notice. My Employment Authorization will be expired
soon. What should I do?
Dear reader:
Nationwide the time for scheduling I-485 adjustment of status interviews
based on family relationship is six months and less on average.
However, we see many cases in which the U.S.C.I.S. schedules within
three months and others in which the scheduling is done after six
months. This still beats by far the timing of I-485 interviews just
two years ago when the average time for an interview took two years.
The U.S.C.I.S. is to be congratulated for bringing down the period
of time for waiting. If your employment authorization is expiring,
you can make an application for extension based upon your pending
I-485 application. I note from looking at the current processing
chart of the CIS office in Las Vegas that as of March 15, 2007,
it was within its six month goal for scheduling as it listed a processing
date of September 16, 2006.
Q&A 2.
What Can I do With My Child Who is in Third Grade and Whose Visa
is About to Expire
Wang reader asks:
My son and I entered the U.S. under B1/B2 visa. He is now in public
school in the 3rd grade, but next year his visa will be expired,
what can I do to extend his visa?
Dear reader:
I am not certain from your question whether you are saying that
the visa in the passport will expire next year or that the I-94
entry/exit card will expire. A visa restricts the time during which
you can enter the U.S., but the I-94 controls the period of time
that you can stay legally during a particular visit. I will assume
for purposes of your question that your question concerns the I-94.
Your son may be eligible for a change of status to F-1 student,
but would need a school which issues I-20 certificate of eligibility
for F-1 student status forms. If he has such, a change of status
application can be made with the U.S.C.I.S. (as long is your son's
status is still legal by the time of filing) upon a showing that
there are adequate funds for him to study and someone to take care
of him. I note that the granting of an F-1 status is discretionary
with the U.S.C.I.S.. Also that if a public school district issues
an I-20, your son can only study at a public school for one year
and must pay the full cost of the local government's expense of
educating him. Under F-1 status, he would not be entitled to free
public schooling.
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