World Journal Weekly Q & A - October 28, 2012Reader and Girlfriend Plan to Get Married and for Her to Adjust Status When She Arrives on Travel Visa - Is There a Danger?Kuang reader asks: I am a U.S. permanent resident. My girl friend has received her travel visa to come to U.S.. We will register our marriage in the U.S. when she arrives. Then I will file immigrant papers for her. Can she then adjust status in the U.S. and wait in the U.S.? Can she work during her waiting period or go to City College to study? Dear reader: It appears to me that your plan for your girlfriend may involve issues of visa fraud or misrepresentation, and that you may have a problem with U.S.C.I.S. if and when you attempt to adjust her status in the U.S. to permanent residence. A travel visa's purpose is for an individual to take a temporary trip to the U.S., and it is not to be regarded as a bridge to adjustment of status. Your girlfriend has made a representation to the U.S. consulate that she is only intending to visit the U.S. She has probably also represented that she does not have a fiance in the U.S. A rapid series of events after entry would put the agency on suspicion that your girlfriend planned to never return to the home country when she arrived in the States. While Being Petitioned by Green Card Parent, Son Gets Married but Then Divorced - Effect on Petition? Other Available Options?Wu reader asks: I immigrated to New York thru relative’s application in 2005. Unfortunately, my son was already aged out then so he could not come with us. In 2006, I filed immigrating papers for my son after I received our green card. We are still waiting for his priority date to become current. Unfortunately, during these times, my son got married, having a son and then divorced. Can my son immigrate under my old application as an unmarried child? What are the procedures, if it is possible? Is there a change on his priority date? If he cannot immigrate under the old application, what other way my son can immigrate? Dear reader: The law is clear that a son or daughter of a permanent resident who marries after the parent petitions for him or her automatically destroys the I-130 relative petition if he/she marries before the parent becomes a U.S. citizen. The fact of marriage destroys the petition even if the son or daughter later divorces. I suggest that your son find another way to immigrate if he really wants to come to the States permanently. Other ways that he can immigrate are through your re-petitioning although this will take approximately 8 years (time can probably be shortened 1-2 years if you become a citizen); a brother or sister could petition if a U.S. citizen (approximately 11-12 years); or if he has a college education (4 year degree or equivalent) or needed skills, he could immigrate through the employment based categories. With a college degree and U.S. organization sponsorship, he could also conceivably come to the U.S. under the H-1B non-immigrant visa status. If he joins a company with a U.S. branch and works at least one year for the company as an executive, manager, or person of specialized knowledge, the company could attempt to transfer him to the U.S. under L-1 non-immigrant intracompany transferee status. These are some of the options that your son can look into.
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Copyright © 2003-2012 Alan Lee,
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