Q & A April 13, 2003
Q & A 1 2
Dear Mr. Lee:
My father immigrated
to the U.S. in 8/1994 from China, and he has a Green Card. Due to
senility and illness, he returned to China for medical treatment
in 10/1994, and has never come back to the U.S. ever since.
Questions:
- My father
petitioned for his son in 9/94. Now his son is aged out and unmarried.
The priority date will be due soon, and the INS will be asking
for the affidavit of support and tax return for the last three
years. My father has no income and doesn’t pay tax. How can he
do an affidavit of support?
- When my father
wants to return to the U.S. to live, will his permanent residence
card still be valid? Can he apply for a reentry permit with the
American consulate in Guangzhou?
Li
Virginia
Dear reader:
- As your father
left the United States in 1994 and has not returned, his permanent
residence card is automatically revoked. He is not able to supply
an affidavit of support as he is no longer a permanent resident.
- Your father's
green card is no longer valid. He cannot apply for a reentry permit
with the American consulate in Guangzhou for that reason and also
because reentry permits must be applied for with the Nebraska
Service Center of the INS when the individual is in the States.
Neither is he the type of candidate to whom the consulate would
give a special immigrant visa to return to the United States.
Dear Mr. Lee:
My husband and
I were naturalized 10 years ago. We have two daughters. The elder
one has emigrated to the U.S. The youngest one is married and lives
in Shanghai. My son-in-law is a professor, and they have a 3-year-old
daughter. Both of them have nice jobs with good salaries. They don’t
want to immigrate to the U.S. My youngest daughter, however, wants
to visit us in the U.S.
Question:
What papers does she need to prepare, and what kind of visa does
she have to apply?
Chang
New York
Dear reader:
Your daughter
can visit you if the U.S. consular officer issues her a B-2 visiting
visa. Such visas are given in the discretion of the American consul
with a large concern being whether your daughter has plans to immigrate.
If she is able to convince the consular officer that her purpose
is only to visit and to return to China, she will have a good chance
of obtaining the visa. You and your husband can assist her by writing
a letter supporting her application in which you state that she
will be visiting you for a specific period of time, that she will
not work, and that she will return to China at the end of her period
of visit. If you and/or your husband are working, you can also provide
an I-134 affidavit of support with job letter, bank letter, and
most recent tax return. Your daughter can bring her proof of relationship
to you, proof of her married status and child in China, and of her
and her husband's positions.
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