Published on the World Journal Weekly on April 24, 2016
Q&A 1
Graduate Student Wants Mother to Live With Him During His Graduate Studies – Possible?
I was accepted into graduate school last year and have been attending ever since. My mother misses me a lot in Taiwan since I am the only child and my father passed away 3 years ago. She came to the U. S. before a couple of times because people from Taiwan do not need a U. S. visa to travel. However, she was told the last time that she could not continue doing this. Is there a way that she can stay with me during the time that I am studying?
Dear reader,
If your mother had been living with you for long in the same household, she may be able to apply for a visitor visa after explaining the circumstances to the American Institute in Taiwan in light of the recent guidance by the US government for such situations. She may also be able to obtain extensions of that status when she arrives here for the duration of the time that you are in the U.S. under your student status. We understand that U.S.C.I.S. is open to giving extensions.
Q&A 2
Got Green Card Through Marriage, Divorced, and Wants to Sponsor Current Wife – Possible?
I was applied for by my former wife and got the permanent green card. Afterwards we divorced, and I just married someone else from China, and I want to sponsor her for the green card. This is her first marriage and this is my 2nd. Is it possible to do while I still have the green card or do I have to wait to become a citizen?
Dear reader,
Persons who obtain their green cards through marriage, and then divorce and attempt to sponsor others through marriage while still on the green card must prove by clear and convincing evidence that the first marriage was bona fide. If you have clear evidence such as the birth of a child, you may certainly file for your new wife with the green card. If you do not believe that you have clear and convincing evidence of a true marriage to your ex-wife, you should wait until you become a US citizen.
Q&A 3
Qualifications for Marriage Green Card Including Age
I came to the U. S. with my family when I was 4 under visiting visas. We overstayed. I am 17 and will be finishing high school next year. My boyfriend was born here, we’re the same age, will graduate together, and are very serious about being married. What are the qualifications for marriage green card. Do we need to be of a certain age like 18?
Dear reader,
The first qualification is that the marriage be bona fide in that the couple intends to make a life together. It does not mean that a legal piece of paper constitutes a bona fide marriage in the eyes of Immigration. The second is that the person to whom you are thinking of being married is a US citizen or permanent resident. Third is that you are not barred from immigrating to the States under any of the statutory preclusions which include crimes, fraud, terrorism, security threat, etc. You are otherwise excused from your visa violation of overstay if you marry a U. S. citizen because of the special consideration given immediate relatives of U. S. citizens , e.g. parents, spouses, and children under the age of 21 and unmarried, and are eligible to adjust status to permanent residence without leaving the country. Neither the U. S. citizen nor you needs to be 18 to sponsor, but if lower than that age, you generally need to have permission of the parents in many states to marry.
Q&A 4
Getting Married Next Month to Fiancé Who Has Been Illegally Here 10 Years – What to Do?
We have been going together for the past 2 years and are expecting a baby. My fiancée has been illegally in the country for 10 years. We’re going to get married next month and then we will apply for his green card. What do we have to do? Also he was stopped once for a traffic offense, paid off the officer and thought that that would be the end of it. However, he now has a bench warrant.
Dear reader,
I assume that you are a US citizen or permanent resident. If you are a citizen and he entered the country legally, he may be eligible for adjustment of status. If a permanent resident, he would not be allowed to adjust status even if he entered the country legally since he is now illegal unless he had the benefits of §245(i) under which applicants can pay a fine amount of $1000 to adjust status as long as they have a basis to do so, had a labor certification application or immigrant visa petition pending by April 30, 2001, and were physically present in the US on December 21, 2000. If he is not adjustable, you may consider the I-601A provisional waiver program under which he would interview overseas for the immigrant visa, but only after applying for and receiving an approval of a waiver of the unlawful presence bar through showing that a denial would cause extreme hardship to you. In the above situations, you would of course have to be married. Regardless of which way he may immigrate, he should satisfy the bench warrant as he will not be allowed to receive a green card while he has pending criminal proceedings.
Q&A 5
U. S. Citizen Wishes to Process Her Husband Who Has Illegally Entered the U. S.
I was applied for by my former wife and got the permanent green card. Afterwards we divorced, and I just married someone else from China, and I want to sponsor her for the green card. This is her first marriage and this is my 2nd. Is it possible to do while I still have the green card or do I have to wait to become a citizen?
Dear reader,
Persons who obtain their green cards through marriage, and then divorce and attempt to sponsor others through marriage while still on the green card must prove by clear and convincing evidence that the first marriage was bona fide. If you have clear evidence such as the birth of a child, you may certainly file for your new wife with the green card. If you do not believe that you have clear and convincing evidence of a true marriage to your ex-wife, you should wait until you become a US citizen.
|
