World Journal Weekly Q & A - March 23, 2008
Q & A 1. 2.
3. 4. 5.
Q&A 1.
Follow to join asylee returned to China in 2004 - what could she
do to rejoin her husband in the States?
Wang reader asks:
I applied for political asylum and was approved in 2001. In 8/2004,
my wife and daughter arrived in the U.S.. My wife lived in the U.S.
for 4 months, but because she had severe gallbladder and kidney
stone problems and I could not afford her medical expenses, so she
went back to China. I received my green card in 2/2005 and my daughter
will be graduating from college this summer. How can my wife now
come back to U.S. to be reunited with us? And once she arrives the
U.S., when can she apply for green card? Please note when she left
U.S. in the end of 2004, she did apply a refugee document but it’s
already expired.
Dear reader:
Although your wife apparently had derivative asylum status, her
going back to China would probably not elicit much sympathy from
U.S.C.I.S. to do anything out of the ordinary for her to return.
If she wanted to take a chance, she could approach the U.S. consulate
or embassy, explain the situation, and request a visa to return
to the States. Otherwise she would wait until the time that either
you or your daughter becomes a U.S. citizen and petitions for her
under the immediate relative category.
Q&A 2.
Will U.S.C.I.S. find out that I lied at the consul in 1995 and
what will they do about it?
Di reader asks:
I have a friend who lied at the Guangzhou consular during the visa
interview in 4/2005. He did not disclose the fact that he used other
people’s name applied for U.S. visa in Chengdu consular in
1995 and that application was denied previously.
Guangzhou trusted him and issued him an immigrant visa then. He
has been in the U.S. for most 3 years and received his green card.
But he feels bad about lying and is afraid U.S.C.I.S. will someday
finding out the truth. If they finds out, what will happen to him.
What should he do now?
Dear reader:
Under the circumstances that you have described, there does not
appear to be much chance that U.S.C.I.S. will discover that you
lied while applying for a visa in 1995 in Chengdu, China. If the
agency does find out somehow, it may take steps to take away your
green card. If so, you are entitled to a hearing before the immigration
court at which you may be able to present any arguments and defenses
to keep your card.
Q&A 3.
Does asylum derivative have to wait one year to apply for permanent
residence through asylum and is the green card application fee exempt?
Wong reader asks:
I came to U.S. seven years ago and did not apply for status. My
wife came to U.S. in 2006 and applied for religious political asylum
and was approved. In 7/2007, I received my follow-to-joint approval.
Should I apply for green card now or wait until 7/2008? I was told
if I lived in the U.S. long-term, I did not have to pay any money
to apply for green card. Is it true?
Dear reader:
A follow to join asylee immigrating on the basis of asylum must
spend one year in the United States in asylum status prior to making
an application for adjustment of status. You should wait until July
2008. There is no truth that if you live in the U.S. long-term,
you are fee exempt in applying for a green card. The present fee
for you would be $1,010.
Q&A 4.
Naturalization testing for the elderly who have held the green
card for a long time is much easier than for other applicants -
the 65/20 rule
Yi reader asks:
I am 83 years old and have green card for the past 18 years. During
this period, I seldom leave the U.S.. I now wish to apply for naturalization.
My questions are:
1. I understand if I reach certain age, I do not have to take the
naturalization test. What is the age?
2. If I could use Chinese to take the test, should I bring my own
translator? What’s the qualification for the translator?
3. Is the test for elderly much easier and passing grade much lower?
Could you describe the details for me?
Dear reader:
1 There is no age exemption for the naturalization test. However,
persons who are at least 65 years of age and have had the green
card for at least 20 years can skip the test of English and only
take the civics test in whatever language they choose. For them,
the statute grants the Attorney General discretion to relax the
history and government testing.
2 You can bring your own translator, but the U.S.C.I.S. office
may decide to use their own if they are available. Officers may
also disqualify an interpreter provided by the applicant if necessary
to insure the integrity of the interview. U.S.C.I.S. generally discourages
the use of interpreters who are close family members or interested
parties with a stake in the outcome. In such case of disqualification,
U.S.C.I.S. is supposed to provide another interpreter in a timely
manner to the applicant. If rescheduling is needed, U.S.C.I.S. must
give a new date as soon as practicable.
3 The test for persons 65 years or older who have been permanent
residents for 20 or more years is easier than the test for other
applicants. To illustrate, the new test to be implemented on October
1, 2008, features 100 questions for most applicants of which an
applicant is to answer 6 correctly out of 10. With the elderly who
have held the green cards for so long, the number of questions is
reduced from 100 to 20. I note that this may even be seen as an
improvement to the current test for the elderly which features 25
although the number of hard questions among the 20 have risen.
Q&A 5.
Retaining permanent residence when planning to be outside the
United States most of the time
Yin reader asks:
In 1/08, I received my green card through my mother’s, asylee,
application. In 7/07, I applied for a travel document, but as of
now, I still have not received it. Now I have already had my green
card, the travel document has become useless. Can I request USCIS
to issue my a reentry permit instead? Because I am interested in
a job in China and want to pursue my career in China but at the
same time I do not want to give up my green card. My parents are
all in the U.S. and I have purchased a house here. Can I stay in
China for 10 months and 1 month in U.S.; or stay in China for 6
months and 1 month in U.S. as the pattern? Or should I apply for
reentry permit? I was told with the reentry permit I could stay
in China for 2 years. Please advise.
Dear reader:
It is generally not U.S.C.I.S.'s posture to agree to change the
nature of an application once submitted. You should probably apply
anew for a reentry permit. In looking at your plans, however, it
is not clear if your retention of permanent residence would be completely
safe even with a reentry permit. You are undoubtedly aware that
the green card is generally regarded as being for persons who intend
to permanently reside in the country. Maintaining a pattern of ten
months in China and one month in the U.S. or six months in China
and one month in the U.S. may ultimately yield a problem for reentry.
A reentry permit is not a guarantee of reentry although it improves
the holder's chances of being readmitted without problems. However,
a chronic pattern of excessive trips outside the U.S. even with
reentry permits may also arouse the wariness of an immigration inspector
upon your reentry. The fact that your parents are in the U.S. and
you have purchased a house are factors in your favor. The payment
of U.S. taxes and the keeping of other bonds with the U.S. will
also be helpful. Longer stays in the U.S. are highly recommended.
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