Published on the World Journal Weekly on July 13, 2014
Q & A 1. 2. 3.
Q&A 1.
No Notice Although Priority Date Already Current – What Should the Petitioner Do?
Mr. Feng asks:
I am a 70 years old elderly. I am in the U.S. alone. I applied my 3 children in 2003 and they have priority date of 8/28/2003. I understand that my children’s priority date is already current. The current priority date is 10/1/2003. Unfortunately, we did not receive any notice from USCIS. How should I trace? Where should I mail my inquiry letter?
When I receive request for financial papers, how soon do I need to submit them? Is there a time limit?
Mr. Lee answers:
Since your children are overseas and I assume that the I-130 petitions have already been approved, both they and you should have heard from the National Visa Center (NVC) of the Department of State by this time. U.S.C.I.S. would not give any further notice after approving the I-130 petition. Any further notices after I-130 approval would come from the NVC. It may be possible that notice was sent but you did not receive it due to change of address on your part or other reasons. At this time, you should make inquiry to the NVC either by calling (603) 334 – 0700 or writing at
National Visa Center
31 Rochester Ave.
Portsmouth, NH 03801
When you receive an NVC request for the financials, you have one year to submit the affidavit of support. If you need an extension, you can ask the NVC for an extension – but note that an extension would delay your children’s immigration.
Q&A 2.
Green Card Holder Thinking of Applying I-130 for Child in U. S. Wonders if U.S.C.I.S. Will Ask Him to Supply His/Her Financial Information.
Mr. Ma asks:
I am a green card holder and want to apply I-130 for my child who is in U.S. and came to U.S. legally. Will the USCIS has any specific requests on my job, income and financial situation?
Mr. Lee answers:
The I-130 process only looks to see whether you are green card holder, that your child is your legal child, and sets the priority date of the case. At some later point when the priority date becomes current, you would be asked to supply an I-864 affidavit of support in which you would have to provide items such as job letter, recent payslips, banking statements, and tax returns. An affidavit of support by the petitioner in a family based case is a requirement under the immigration laws for the beneficiary to immigrate.
Q&A 3.
Mather Wants to Keep the Same Preference Category Even After Naturalizing Because the Current One is Faster – Can She Do It?
A reader asks:
I immigrated to U.S. in 10/2008 and applied for my unmarried adult daughter in 1/2009 under F2B category. Per May’s visa chart, F2B’s is faster than F1’s priority date. However, I am planning to file for naturalization and wish to have my daughter to immigrate as soon as possible. Therefore, if I successfully pass my naturalization and the priority date for F2B is still faster than F1 category, can I not upgrade my daughter’s category? I want to take advantage of the fast priority date. Will it affect her case?
Mr. Lee answers:
It is legally not correct for your daughter to immigrate under the F to be category for adult sons and daughters of permanent residence when you are no longer a permanent resident. As a U. S. citizen, your daughter’s category is automatically change by law to F-1, and she must immigrate under that preference. The difference between the 2 categories is marginal at this point (June visa chart shows March 22, 2007 for the F-1 category and April 1, 2007 for the F to be preference). I note that traditionally the F-1 category is faster than have to be.
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