Published on Lawyers.com and the Epoch Times on January 10, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
I Overstayed in NY with a Tourist Visa, I Got Back to My Country Without an U.S. Residence.
I am married to an American. What I should do to get my visa or residence thru my American husband’s petition? What chances do I have?
Mr. Lee answers:
Dependent upon how long you overstayed on a tourist visa, you may or may not require a waiver of the overstay bar to be able to reenter the country on an immigrant visa under the sponsorship of your husband. If you overstayed for 180 days or more, you would be barred from return for three years without a waiver. If for one year or more, the bar is 10 years without a waiver. The waiver application, form I – 601, is approvable if there is a showing that your husband would suffer extreme hardship if the waiver was not granted.
Q&A 2.
How to Get a Visa for a Step-daughter?
How do I get my step daughter to come here to the U.S from Brazil? I’m not sure if she can come here with me and my husband alone because she is 15. Her mother , Jessica (step daughter) , my husband and I have agreed that its best that she be here to have a better future and just in all around better life. I don't even know what the first steps are to getting her here exactly. I NEED HELP. I went to Brazil to visit my family I just couldn't help but feel helpless about her situation there and I just want the best for her. What do I have to do to get her here THE RIGHT WAY.
Mr. Lee answers:
As long as all parties agree to have your stepdaughter come to the US including her mother, and as long as you are either a US citizen or permanent resident, you are eligible to sponsor her as your stepdaughter through form I-130 and have her enter the US as a permanent resident. The processing would take approximately a year.
Q&A 3.
How Soon Can I Bring My Wife From China?
I am a US citizen. I marry my girlfriend who had a visitor visa. We got marry and went to Mexico to visit my parents. On our way back in LAX she was not allowed to come back into the United States, she was sent to china. The reason was because her application was still in process. But we ask our lawyer if it was okay for her to go out of the USA. He said because her visa is one of those where she could go out of USA and come back . but now I want her to come home.
Mr. Lee answers:
If your wife is holding H-1B or L-1 visa status and has proof that she is still working for the petitioning organization, she should have been readmitted to the country even though her application was still in process (I assume you mean her application for permanent residence under your sponsorship). If she is not holding one of those statuses, you will probably have to request consular processing on the I-130 petition in order to have her immigrate after an interview with the American consulate in Guangzhou. The process should take approximately one year.
Q&A 4.
What Should I Do About My Expired Green Card When I Reapply for I-130?
I was a US resident since 1995 but left to Japan for my family matters in 2006 with reentry permit that was valid to 2009. But could not go back to the US by the time. My green card was expired while I was in Japan. Now I remarried to the US citizen in Japan in 2012 and want to live in the US with him again. I came to the US over VWP in July because I thought my green card got revoked already when my reentry permit was expired. My 90 days of stay in the US is almost over but we want to file I-130. My question is if my green card was already revoked or not. If not..... What do I have to do about it when we reapply for I-130? And do I have to leave this country when my 90days limit is over?
Mr. Lee answers:
Probably the safest thing that you can do is to return to Japan and have your husband file the I-1 30 petition for you so you can consular process your case in Japan. At the time of interview, you should also hand over your green card which is no longer valid since you left the country for over the time allowed on the reentry permit. In addition, you entered the country under the visa waiver program as a visitor only. If you attempt to adjust your status to permanent residence, it may be difficult for you to convince U.S.C.I.S. that you did not have the intention to stay at the time of your entry since you were already married to your US citizen husband at that time.
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