World Journal Weekly Q & A - June 14, 2009As LPR, Filed for Unmarried Son and He Later Married. Can We Keep Old Priority Date Since I Just Became a U.S. Citizen?Zhong reader asks: I received my green card through my U.S. citizen daughter’s application in 9/02. I then filed immigrant papers for my son and was approved with a priority date of 2/03. My son got married in 1/05. I became a U.S. citizen in 3/09. Could I file paper for my son under U.S. citizen’s married child to replace the previous application which was under permanent resident’s unmarried child, and retain the old 2/03 priority date? If it is feasible, which form should I use and to whom I should be sending? Dear reader: Unfortunately your son's becoming married in January 2005 automatically
cancelled his original petition that you filed on his behalf in
February 2003. When you file a new petition for your son, you will
not be allowed to retain the old priority date, and the new priority
date will begin as of the date that you file the new application.
You would again file an I-130 petition for alien relative with $355
filing fee. If you reside in the States of Alabama, Arkansas, Connecticut,
Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New Mexico, New York,
North Carolina, Oklahoma, Pennsylvania, PR, Rhode Island, South
Carolina, Tennessee, Texas, Vermont, Va., U.S. Virgin Islands, West
Virginia, or D.C., you would U.S.C.I.S. If you reside in other states, you should file at: U.S.C.I.S. If using courier/non-post office delivery, and residing anywhere in the U.S., you should send your petition to: U.S.C.I.S. Lockbox Husband Committed a Crime and Did Not Go To Immigrant Visa Interview at AIT Over a Year Ago - Can He Go for Interview Now and What To Do About the Crime?Zhou reader asks: I settled down in the U.S. before my husband. I am now a U.S. citizen. My husband came to U.S. in 2007 under a B1 visiting visa. One day in California at a supermarket’s parking lot, my husband and daughter had an argument, he pushed daughter onto the ground. A stander-by called police and police came. We immediately paid $3,000 fine and my husband was released. It was his only criminal record. Later, he went back to Taiwan. My husband filed his green card application in 2006 and in early 2008 he received an interview notice at AIT. At that time, we thought his criminal record would affect his application, so he did not dare to go for interview. We both are in our 70th and 80th of age and want to live together.
My questions are: Dear reader: 1 U.S. consulates and embassies will usually begin termination proceedings on a case one year after interview if the individual does not show for the interview and has not sent further correspondence within a one-year period. Hopefully you have been in communication with the AIT during the one-year period. If so, your husband should be able to request another appointment. If he has not, and the AIT has begun proceedings to terminate registration, your husband can explain as best he can the reasons for not attending the interview, and the AIT will determine whether there is sufficient reason to reinstate the case. The applicable standard is that he must establish that failure to pursue his immigrant visa application was due to circumstances beyond his control. 2 Your husband can attempt to explain non-attendance and failure to further communicate to the AIT, and if it says that the excuse is insufficient, you can re-petition for him. As you are a U.S. citizen, it would probably take less than a year for him to be sent an interview notice at the AIT. 3 You should obtain a copy of the arrest record and disposition
of the case yourselves in order that you can see whether his actions
constitute a conviction which would bar your husband from immigrating.
After you obtain a record, it might be in your best interest to
consult with an attorney with experience in immigration law so that
he/she can give an opinion. Left Out Fiancee's Daughter on My K-1 Petition and Case Is Now in Guangzhou - What's the Best Way to Solve the Situation?Huang reader asks: I filed K-1 visa for my girl friend and now she has received Guangzhou’s package for DS-230/OF169 forms. I just found out I forgot to put down her daughter’s name on the K-1 application. Her daughter was born in 9/1992. How should I correct this mistake? Should I wait until my girlfriend came in to the U.S. and marry her and then file for my stepdaughter before she turns 18? If I file K-2 visa for my step-daughter, how long will it take? Will she be in danger of aged-out( turn 21 year of age)? Dear reader: At this time, your fiancee can contact with the consulate in Guangzhou and attempt to include her daughter in the paperwork for her to come to the States. There is no separate petition for you to fill out for a K-2 visa for your stepdaughter. Of course, the consulate may wonder about the strength of your relationship as you did not put down the daughter's name on your petition. Also your girlfriend must have custody or a notarized statement from the father before the consulate will allow her daughter to come to the States with her. In the event that your fiancee comes to the U.S. without her daughter, you can marry her and then file for your stepdaughter. She would be in no danger of aging out as she would then be protected under the Child Status Protection Act (CSPA).
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Copyright © 2003-2012 Alan Lee,
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