Published on the World Journal Weekly on September 14, 2014

Q & A 1. 2.

Q&A 1.

How to Get Asylum Dependent Husband Who Went Back to China for a Long Time Back to the U. S.?

Mrs. Zeng asks:

I came to U.S. in 2005 and applied for political asylum.  I received green card in 8/2006.  Later, my husband and daughter came to U.S. and reunited with me in 2009.  Unfortunately, in 8/2009 one month after my husband came to U.S., his mother in China was seriously ill and we all rushed back to China to see her. My husband did apply for advance parole before going back.  As of now, my husband is still in China with his mother and his advance parole had expired.

In 2011, I became a U.S. citizen and our daughter is applying it at this time.  My questions are:

  1. My mother-in-law is 89 years old and my daughter and I go back to China visit them once a year.  I have a stable job and file taxes every year.  Can I apply for my husband to immigrate after my mother-in-law passing away?  If not, can my daughter apply for her father?

  2. I want to apply for my husband to visit me next year.  What should I do and what documents do I need?

 Dear reader,

  1. You can certainly apply for your husband to immigrate again after your mother in law passes away. If your daughter is 21+ years of age, she can also apply for your husband.

  2. Visitors visas are given in the discretion of the American consulate, and you can best help your husband’s visa application by providing a statement guaranteeing his financial support during his visit, providing his itinerary of stay, and affirming that he will return to China at the end of his visit. You should also give an affidavit of support on form I-134 and attach proof of income, savings, and recent tax return.

Q&A 2.

Green Card Reinstatement After 14 Years? If Not, Reapplication? If So, What Documentation?

Vicki asks:

My brother had a green card.  However, 14 years ago he did not have good health and could not stay in the U.S. long-term, he gave up his green card in Taiwan.  Now, he is well and wants to live in the U.S. long-term.  Can he reinstate his green card?  How to do it?  Can he apply in the U.S. and what kind of documents should he prepare?

If he cannot reinstate, must his wife reapply for him?  His wife and daughter are all U.S. citizens.  What documents do they need?

Dear reader,

Your brother will not be able to reinstate his green card as he has been out of the U. S. for too long. Persons with green cards (without reentry permits) are allowed at maximum to be out of the U. S. for up to but not including one year. As his wife and daughter are both U. S. citizens, either one can apply for your brother’s green card again (assuming that the daughter is 21+ years of age). The wife will need proof of marriage, termination of all former unions (if there were any) of both parties, and her U. S. citizenship paper or passport. The daughter will also require proof of her parents’ marriage, her U. S. citizenship, and birth document showing that your brother is her father.


Copyright © 2003-2017 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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