Q & A March 9, 2003
Q & A 1 2 3
Dear Mr. Lee:
My applications
for my brothers’ immigration were approved on April 20, 1990. After
I received the forms from the Visa Center in winter 2000, I called
my two brothers in China, asking them to send the notarized birth
and marriage certificates. When the Hawaii immigration service center
filled in the forms for us, they realized the spelling of the names
on the forms were different from that on the notarized papers, due
to the difference between Cantonese and Mandarin spellings.) The
amended forms were sent to the Visa Center. We got the notice in
April, saying that the forms had been sent to Guangdoing Consulate.
There hadn’t been any response since then. One of my young brothers
hired a lawyer to make inquiry, and we got an interview notice 20
days later. The first younger brother of mine went to the interview,
along with his other 6 family members. Later he was handed 2 pieces
of paper for reviewing. When my second younger brother and his other
3 family members went to the interview, he was kicked out because
his name on the form was different from that on the computer, which
was my third younger brother’s, and also because he had changed
his name. I, therefore, asked the Hawaii immigration service center
to send the notarized amendment and explanation to Guangdong Consulate,
as well as to the lawyer. It’s been a month and no reply was heard.
Question:
- For my first
younger brother’s case, will it take forever to get the response?
How can he push for a reply?
- The name
of my second younger brother was mistaken as my third one on the
Consulate’s computers, was it the mistake of the Visa Center or
the Consulate?
- Why hasn’t
the Consulate responded to us even though I had faxed the amendment
over?
- Could my
two younger brothers send a letter to the Vice Center, inquiring
the current situation of their cases?
- Is it feasible
if we ask the U.S. Congressmen to help us?
Dear reader:
- The problem
in your first younger brother's case appears to be fairly simple
-- the difference between Mandarin and Cantonese spellings --
and would not appear to be the type of situation that would take
a long time for the consulate to resolve. It would not appear
to warrant a fraud investigation if it can be readily seen that
the two names are the same. Your first younger brother can communicate
with the consulate on a periodic basis to attempt to obtain a
resolution on his case at the earliest possible time. I do note
that security clearances because of the 9/11 events are taking
their toll upon immigrant visa processing, and that individuals
who have been interviewed and approved on the date of interview
are having to wait anywhere from two-six months to obtain final
security clearance from the U.S. before being given the immigrant
visas.
- It is difficult
to know how your second younger brother's case became mixed in
with your third younger brother's case. I cannot tell you whether
it was the mistake of the National Visa Center or the consulate
in Guangzhou. It would appear that the consulate will have to
sort out the two brothers' cases, and determine whether your second
younger brother is completely documentarily qualified in addition
to ensuring that the only difference in name is the Mandarin and
Cantonese spellings.
- The consulate
responds in its own time. It is not unusual that a month has passed
by and you have not heard back from the consulate. You can of
course continue to check with the consulate for further news.
- According
to your letter, your two younger brothers' cases are currently
with the American consulate in Guangzhou . As such, the National
Visa Center has nothing further to do with their cases unless
the consulate sends the cases back to the National Visa Center
for further documentation or other reasons.
- You can certainly
ask a U.S. congressman's office to assist you with your inquiries
at the consulate. You may, however, wait a little longer before
enlisting the congressman's assistance. A one month period of
time without reply is not considered a long time in consular processing.
Dear Mr. Lee:
One of my friends
in China is thinking to do investment immigration in the U.S. via
me.
- What is the
policy of investment immigration? How much capital does it need?
What is the scope of investment?
- How much
is the attorney fees? How many years does it take? What is the
success rate?
Dear reader:
The policy of
investment immigration is now to make potential investors hire the
correct amount of people, and invest the correct amounts of money.
Previously many firms and consulting companies guaranteed immigration
through investment to individuals through investment vehicles in
which the amount and risk by the investor was much less than required
by statute. These investments relied upon prior guidelines and memorandums
issued by the INS. The INS Central Office took a long look at the
investment program in 1997 and was of the opinion that many of the
investments were circumventing the statutory intent of putting the
correct amounts of money at risk. Therefore the INS invalidated
many immigration investor cases and forced others to amend their
investments to the statutory amount. Many other investment cases
are still being contested in the federal courts.
The statutory
amount of investment in most areas of the country is $1 million.
In areas of high unemployment and rural areas, the amount drops
to $500,000. The investments must be in a commercial enterprise
and must generally result in the hiring of 10 U.S. workers. In answer
to your request for fees, I do not quote attorney's fees publicly.
It is difficult to state how long it will take to immigrate through
investment at this time inasmuch as more scrutiny is being given
to investor cases. The Texas Service Center which handles such applications
for half of the nation is not even willing to give a time line as
to such adjudications. The California Service Center, which handles
the other half of the nation, does not bother to list I-526 investor
applications on its aging bulletin. Insofar as success is concerned,
if the investment is done correctly according to the statute, the
immigrant visa should be granted. Where the investment does not
meet the statute's requirements because of reliance upon past conversations,
guidelines or memos by the INS, the chances of success would accordingly
drop.
Dear Mr. Lee:
I, an immigrant
from China, have been a U.S. Citizen and paid tax for more than
ten years. I will be retiring soon. Since my wife and son reside
in China, I intend to spend my later years there, too.
Questions:
- Can I keep
receiving Social Security benefits if residing permanently in
China?
- If I have
to give up my U.S. citizenship in order to live in China permanently,
can I still receive Social Security benefits?
- Is there
any way that I can keep my Social Security benefits while residing
in China?
Dear reader:
We do not profess
to be experts in the field of social security and so can only refer
you to the government's website (www.ssa.gov) which states that
a U.S. citizen can continue receiving Social Security benefits outside
the United States, but that payments will stop for a non-citizen
after that individual has been outside the United States for six
full calendar months-with limited exceptions.
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