World Journal Weekly Q & A - November 29, 2009

Q & A 1. 2. 3. 4. 5.

Q&A 1.

How Can I be Sure That I Will Not Be Blocked from Entry with My Green Card Since I Suspect that a Bad Person in My Home Government May Accuse Me of Some Small Faults?

Kuo reader asks:

Can you advise in what kid of situation the US custom officals will block those who holding the green card to get into the US?  I have lived in the US for almost 4-5 years without over 6 months living outside of the US.  Recently, I just had a tour out to Mexico.  At the time I was returning the custom officials examined my green card closely.  This made me suspect that one of a bad governmental guy in my original country may accuse me of some small faults which was not listed in the police records.  How can I check I won't be confiscating the green card if I am planning to go abroad or back to my home town.  In other words, the original home country is trying to abduct me back to exchange some political benefits.

Dear reader:

Customs and Border Protection (CBP) officials stop those suspected of committing crimes, who have criminal records, or who wish to enter the U.S. without legal right.  As a green card holder, you have the right to have your case adjudicated in the immigration court if challenged.  Although a CBP official may confiscate the card, you are still regarded as a green card holder unless you give up your rights including your right to contest any ground of excludability in an immigration court.  Unfortunately communications to the CBP that you have committed crimes may cause the agency to give you a more rigorous examination upon your reentry. 

Q&A 2.

When Can I Submit my Naturalization Application? Should I Stay in the U.S. Until I Get My Citizenship? And How Long is the Process?

Wu reader asks:

I got my green card in April 2005. In May 2010, it will be full 5 years after I got my green card.

When should I start my citizenship application? Should I stay in the US until I got my citizenship? There might be an opportunity that I have a job offer in Asia.

I would like to know what kind of time frame and period that I should stay in the US for the citizenship application.

Dear reader:

You can submit your application for citizenship 90 days ahead of the five-year mark.  That would be in January 2010.  It is best to stay in the U.S. the majority of time from the date of filing until the date that you receive the naturalization certificate.  In the past, U.S.C.I.S. examiners at interview were many times strict in looking at the period of physical residence of the applicant between time of filing and time of testing.  Currently U.S.C.I.S. says that it averages five months nationally to process cases from date of filing until the date of interview.  The shortening of the time between filing and interview (in the past, the time used to routinely exceed one year) should alleviate many of the concerns that naturalization applicants who left the U.S. after filing did not maintain their residences for naturalization purposes.  The swearing-in ceremony after passage of the naturalization test varies, but a number of U.S.C.I.S. offices are administering the oath ceremonies on the same day of the interviews. 

Q&A 3.

My Priority Date Has Already Passed -- Am I Too Late to Apply for Adjustment of Status? Please Describe Filing Process If I Can Put in the I-485 Application Now.

KM reader asks:

In order for I-485 form to be valid, within what period should the form be completed and handed-in on time for the application for the green card?

For example, the 15MAY03 1st Family is reviewed at this time in the chart on this site:

http://travel.state.gov/visa/frvi/bulletin/bulletin_4576.html

Is there a deadline for the I-485 to be accepted, or is it already too late to submit the application?

Also, I am part of a family who had submitted their green card application long time ago when I was still dependent of my parents. However, I had become over age 21 during the time of waiting, so I am independent of my parents by law. This is why I would have to hand-in the I-485 application.

In this case, where would I have to send the application to? Also, is there any fee that goes with I-485? If so, how much is it and where would I need to send it?

Dear reader:

It is not too late to submit the application.  The November visa chart shows that the category is current for petitions filed by October 15, 2003.  Your application would be filed to the Chicago lockbox of the National Benefits Center. 

If filing by Postal Service,
U.S.C.I.S.
P.O. Box 805887
Chicago, Ill. 60680-4120

For Courier/Express deliveries, send to
U.S.C.I.S.
Attention: AOS
131 South Dearborn  - Third floor
Chicago, Ill. 60603-5520

The I-485 fee is $1,010.  If you are required to file Supplement A because of any illegality (and assuming that you have the right to file such supplement), you would give the agency a further $1,000 fee.  The fee is appended to the applications which are sent to the above addresses. 

Q&A 4.

I Just Got the I-130 Petition Approved for My Unmarried Daughter that I Filed in 2008 As a Green Card Holder -- Can I File the I-485 Application For Her Now?

Sunny reader asks:

I filed I-130 for my unmarried daughter (over 21years old, and in USA with H-1 visa) in March 2008. Now I received approval notice. Can I file I-485 for her since I have I-130 approval notice? I am a green card holder.

Dear reader:

Q&A 5.

My Grandmother Is In China And I Want Her to Visit Us -- What Do I Have to Do to Assist Her to Get a Visa?

Hong reader asks:

I am planning to have my grandma come to visit us in the U.S.  She is right now in China. How do I have to do for her to come visit us? The USCIS website was not helpful.  I know about the forms DS-156 & 157, but who do I send these papers to?  My grandma really wants to come to see her family, but couldn't because we have no one to help us.

Dear reader:

Visitor visa applications are submitted directly to the American consulate or embassy which will adjudicate the application.  The forms must currently be submitted on-line.  You can do so yourself by accessing the Department of State website at http://travel.state.gov or just going straight to http://evisaforms.state.gov.  You can schedule the interview for your grandmother by dialing 86-21-3881-4611 or your grandmother or someone assisting her in China can dial 4008-872-333.  Your grandmother will have to interview for the visa at the consulate or embassy and the consular officer must be convinced that she will return to China after a short period of visit.  If you wish to give additional materials to ensure that she will be financially sound in the U.S. such as an invitation letter and affidavit of support with your job letter, bank letter, recent pay slips, and last year's tax return, you should send those materials to your grandmother for her to bring to her interview.

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.