World Journal Weekly Q & A - November 10, 2013

Q & A 1. 2.

Q&A 1.


Adopted Child in U. S. Wants to Know How to Stay for 2 Years Required for Proving Physical Residence With Adopting Parent Under Adoption Immigration Case.

An adopted child asks:

In 2011, when I was 13 years old, due to my parents’ health condition, my aunt adapted me according to China’s law with a relative adaptation certificate. (At that time, my aunt and her husband were green card holders with Chinese passports).  They are now U.S citizens.

In May, I came to U.S. to reunite with my aunt under B2 visa and then enrolled into the public high school.  My B2 visa will expire in November and need an extension. Because according to the U.S law, the adoptee must lives with the adopter for at least 2 years in order to apply for green card).

  1. Can I be allowed for B2 extension per my situation?

  2. Next year in May, my B2 one year visa will expire, what kind of visa should I apply to stay in the U.S? If I don’t study in private school, can I apply for humanitarian type? And how to apply?

  3. How much do you charge if you can help me?

Dear reader:

  1. It will be up to U.S.C.I.S. as to whether it will grant a B-2 extension for the period of time required before your adopting parent can petition for your permanent residence. Going to school is contrary to the actions of a legitimate B-2 visitor.

  2. It appears that you are confusing B-2 status with your B-2 visa. When you entered the U. S., you were given a period of time to stay until November. The B-2 visa in your passport is good for one year, but it does not control your legal status in the country. Thus your legal time to stay is only until November. I doubt that U.S.C.I.S. would be interested in giving you a humanitarian parole or period of stay for one and a half years given that you are already 13 years of age and that you were adopted by your aunt and her husband.

  3. We do not quote fees publicly.


Q&A 2.

Wife Wants to Know What to do with Cheating Husband Who Just Came Back to U. S. With Green Card.

A wife asks:

My husband was deported back to china in 8/2011. Through my hardship waiver, he came back to the US in October 2012 with green card.  However, 6 months after he came back, he cheated on me with few women.  He also telephoned his ex-wife who he divorced for 9 years every night. We are currently separated.

One of his co-workers has had intimate relationship with my husband and she has been overstayed her travel visa.

My questions are:
1. Can I report her so that she can be deported?
2. I filed I-130 for his daughter as her stepmother and the I-130 has been approved.  Will the I-130 still valid if we are divorced,?

Dear reader:

In your situation, you are probably better off divorcing your husband if the circumstances are as you have described. In answer to your specific questions,

  1. You can report his coworker, but other than overstaying, she has committed no crime. There may be a lack of interest on the part of ICE to take the trouble to apprehend her. The trouble appears to be more your husband than his coworker. Your situation describes the classic philanderer and he would probably move on to another woman even if the coworker was removed from the picture.

  2. The I-130 petition with the stepdaughter is based upon the marriage between you and your husband. If you are divorced, the petition is automatically invalidated. At that point, you could notify U.S.C.I.S., the National Visa Center, or the American consulate (whichever agency is holding the petition at the time of your divorce) that you are now divorced.

 

Copyright © 2003-2013 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.

 
   
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