Published on the World Journal Weekly on March 22, 2015

Q & A 1. 2.

Q&A 1.

Brother’s Priority Date is Current for Immigration, But How Long Can He Delay The Case and Not Get It Canceled?

Reader Chou asks:

I come from Taiwan, naturalized in 2001 and applied for my brother’s family under F4 category.  Their priority date is 2/19/2002.  Looking at the March 2015 visa bulletin, the priority is up to 5/15/2002.  I contacted NVC through NVC inquiry NVCInquiry@state.gov annually to keep my brother’s case active.  Under this situation, when is the latest my brother has to immigrate and won’t get their care cancelled?

Dear reader,

There is no limit to the time that a case can drag on, but the U. S. government must receive notice at least once a year that the visa applicant is still interested in pursuing immigration to the U. S. This can be done by means of a letter or email to the NVC or if the case has moved to the American Institute in Taiwan, to that agency.

Q&A 2.

Asking for a Waiver of the J-1 Two-year Requirement and Married to a U. S. Citizen – Do I Have to Continue Working for the Organization?

A J-1 holder asks:

I came to the U. S. from China and am subject to the two-year foreign residence requirement of the J-1 exchange visitor visa. I just married to a U. S. citizen and want to file for the J-1 waiver and later adjustment of status to permanent residence. Do I have to still continue working at the organization during the application process?

Dear reader,

If you are adjusting status to permanent residence on the basis of marriage to a US citizen, you are not required to be in status at the time of application. I assume that you will be asking for a waiver on the basis of extreme hardship to the American citizen that you are marrying if the waiver is not granted, and so any work that you would be doing at an institution would be irrelevant to a waiver application.

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.