Published on Lawyers.com and the Epoch Times on January 2, 2015

Q & A 1. 2. 3. 4.

Q&A 1.


What Form a US Citizen Use to Sponsor Her Stepchild to Bring to USA?

I am a permanent resident; get it through marriage to US citizen. I have 9 years old daughter lives overseas. What my wife need to do to bring my daughter to USA?  What is the form used? What is the procedure? How long it takes?

Mr. Lee answers:

Your wife should file the I-130 petition for alien relative in the US, which petition should be approved by U.S.C.I.S., and then go through processing at the National Visa Center in the US before being transferred to the home consulate or embassy for your daughter to be interviewed and issued the immigrant visa. The process takes approximately one year.


Q&A 2.

Legal Stay During Motion to Reopen Time

Last Friday I got a mail from USCIS saying that my wife's H4 extension is denied. The reason they have mentioned is that they have requested evidence in support of a petition. And the time granted to respond to RFE was 19th April 2014. But we have not received this RFE letter. In the denial letter they have given the option for Motion To Reopen the petition. During this time(until we get the decision of Motion to Reopen), is she legally allowed to stay here?

Mr. Lee answers:

The difficulty here is that filing a motion to reopen does not stop the accrual of illegal presence. Under US immigration laws, staying in the US for 180 days or more illegally would bar your wife from coming back to the States for three years. Illegal presence would have begun when your wife's H-4 extension was denied. If she files a motion to reopen, she may be faced with a choice of whether to stay for the result or leave the country if it is close to 180 days and no adjudication as yet been made on the motion. Of course, winning the motion would mean that all time is considered legal.



Q&A 3.

Can a US Citizen Sponsor His/Her Parents and Siblings All Together Living Outside of USA?

Mr. Lee answers:

While a US citizen can sponsor the parents and siblings outside the US at the same time, the parents would be allowed to come within approximately one year while the siblings would have to wait over10 years.


Q&A 4.

Do I Need Certified Copies of All My Documents for a Citizenship Interview?

I am going tomorrow morning, and my attorney didn't ask me to bring any, however, I've been reading about it, and it seems that I may need them.

Mr. Lee answers:

For a citizenship interview, original documents that you should have are all your passports since getting the green card, any other travel documents, green card, and any documents of marriage, divorce, and children born since you received your permanent residence. Certification of criminal arrests and dispositions is required and certification of taxes is sometimes required depending on the particular circumstances.  Other documents are usually acceptable as copies.


 

 

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.

 
   
 

  View Alan Lee's profile

 View Alan Lee's LinkedIn profileView Alan Lee's profile