World Journal Weekly Q & A - August 4, 2013
Q & A 1. 2.
Q&A 1.
Mother Petitioned for Daughter in 2006, Returned Home, and Has Not Come Back. Effect on Daughter’s Case?
Long reader asks:
My sister immigrated to the U.S. and received green card in 10/2005. She stayed for about 3 months and went back to China. In 5/2006, she came back to U.S. and filed I-130 for her unmarried adult daughter. She went back to China again in 9/2006. She has not been back ever since. The reason was she had cancer and needed treatment in China.
In 2/2013, NVC informed her daughter to submit the affidavit of support papers. Since I am her daughter’s financial sponsor, I submitted my tax return for 2012. However, NVC needed my sister’s 2012 tax return too. My sister did not file tax return because she is a retired 69 years old woman living in Guangzhou. She receives retirement fund of RMB7,500 monthly in China. However, she did have a money market fund account in U.S. for $20,000 which was opened 6 years ago.
Per U.S. immigration law, I believe my sister is considered having giving up her green card already. Will it affect her daughter’s visa application? Is there any remedy so that her daughter’s visa can be granted?
Dear reader:
You are correct that under the immigration laws of the U. S., your sister is considered to have given up her green card. As she is the petitioner of her daughter’s case, her daughter will be denied at the time of interview if it is discovered that your sister has been back in China since 2006. I doubt that the American consulate will be sympathetic to giving her a special immigrant visa since that is predicated upon green card holders not being able to return to the States. While your sister may have initially not been able to return because of her situation with cancer, it is now been almost 7 years, and the question would be why she could not return at any time during those years.
Assuming that your sister’s green card validity date is not yet expired, she may attempt to enter the U. S. and explain her situation to a Customs and Border Protection (CBP) inspector at the port of entry. If not convinced that your sister has maintained her green card, CBP would then give her a choice of either surrendering her green card and leaving or further explaining her case to the immigration court.
Q&A 2.
What is the Process for the New Baby Born After the I-130 Petition has been Filed and Approved for the Son?
Cai reader asks:
I am a U.S. citizen. I filed paper to apply my married son to immigrate in 2004. As of now, his priority date should be current in 2 years. When I filed for him, he had only one child. However, my daughter-in-law will give birth to a second child early next year. My questions are:
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Will my son’s priority date be affected if my daughter-in-law gives birth to another child?
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Do I need to report to USCIS after my grandchild is born and if I do, what documents do I need?
Dear reader:
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Another child will not affect your son’s priority date. An extra dependent has nothing to do with priority date entitlement.
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Your son’s case should be at the National Visa Center at this time. You could notify them of the birth of the child by forwarding a communication with birth certificate of the child.
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