World Journal Weekly Q & A - February 8, 2009
Q & A 1. 2.
Q&A 1.
Reader Came on B-1 Business Visa, Had a Premature Baby, and Wants
to Stay Longer. What to do?
Xia reader asks:
My daughter was born here and I came here with a B1 visa, but it
expired already. I applied for extension and it’s pending.
My daughter was born prematurely and my doctor provided me with
a certificate for extension. My child has a lot of problem and some
of the treatments require to be done before she reaches 2 years
old. Is there any relevant law which allows a child’s guardian
legally to stay in the U.S for a longer period? If there is, what
type of lawyer should I hire to handle the case?
Dear reader:
For non business reasons, you can apply for a B-2 change of status.
If U.S.C.I.S. can see a point at which your stay will end in the
near future, it can grant a change of status and further B-2 extensions.
Of course, the period of time that an individual can stay in the
U.S. is within the discretion of U.S.C.I.S. The agency will take
into account such factors as proof of your ability to stay with
adequate financial resources, your ties and bonds in the home country,
what you have been doing during your stay, your past immigration
history, and your willingness to return home after the temporary
period of stay.
Q&A 2.
Consul Has Returned the I-130 Petition to Immigration for Review
in Marriage Case and Petitioner Filed New Petition Which is Now
Transferred. What to do?
Kuang reader asks:
My sister’s daughter came to US under F1 category (that is
a US citizen went back home and married her). Her first interview
was in Guangzhou but didn’t pass, and was told the file would
be sent back to U.S. Immigration. We re-filed I-130 for her again
in March of this year and received the receipt notice. But as of
now, Immigration hasn’t approved the application. Recently
we receive a notice saying her case has been transferred from Vermont
Service Center to California Service Center. But immigration’s
online case status said “the case is now pending at the office
to which it was transferred”. What should we do now? Should
we continue to wait or to inquire? When will her case be approved?
Dear reader:
Your niece's case has unfortunately fallen within the category
of consular I-130 petition returns to U.S.C.I.S. for review and
possible revocation. One of the early problems is even getting the
case transferred back from the consulate to U.S.C.I.S. A second
problem is the non-priority given to these returns by the service
centers. Recently the American Immigration Lawyers Association was
able to gain a concession from U.S.C.I.S. that it would begin to
notify petitioners when it received the petitions, but would not
agree to place this type of case on a processing time chart or to
promise any expedited action on them. U.S.C.I.S. has unfortunately
taken over two years in many cases to review and make decisions
on returned cases. On the other hand, filing a new petition is not
a good answer in most cases since U.S.C.I.S. may be reluctant to
approve a new petition where the old petition has been returned.
In addition, even if U.S.C.I.S. approves a new petition, that is
hardly any guarantee that it will be finally approved at the U.S.
consulate or embassy. There is a likelihood that barring a major
circumstance such as the birth of a child, a consular officer may
believe that he/she has already seen the case and that there is
no reason to make a different decision. In your niece's case, her
husband can continue to pursue the new petition, but might also
consider pursuing the old one in order to have U.S.C.I.S. consider
the consul's objections and send him any further requests for evidence
to overcome the consular report.
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