Q & A May 11, 2003
Q & A 1 2
Dear Mr. Lee:
I applied for
an F-1 visa in China to attend ESL courses in the U.S. in 2002,
and it was approved by the U.S. Consulate. When I was in the customs,
the immigration officer put down the word “2” on my visa. People
told me it meant I could go back to China for visiting twice during
the period when I hold an F-1 visa.
Questions:
- Is it the
truth?
- If I want
to visit my family in China, what is the procedure? Will I be
able to come back to the U.S. for sure?
- On my visa,
there is an expiration date, which shows the date half a year
after receiving the visa. What does it indicate?
Ke
Dear reader:
- Under the
visa reciprocity scale between the U.S. and China, F-1 visa holders
are usually given six month visas with two trips allowed. That
means that an individual can travel two times to the United States
during the six month validity of the visa. Kindly note that the
visa in the passport does not control how long you can stay in
the U.S. The period of stay is controlled by the BCBP and BCIS
(the BCBP and BCIS are two of the three components comprising
the successor to the INS. The Bureau of Customs and Border Protection
(BCBP) inspects individuals entering the U.S. at the ports of
entry and the Bureau of Citizenship and Immigration Services (BCIS)
controls periods of extension and changes of status while in the
country).
- During the
period of the visa, you can travel and return to the U.S. as long
as your return will only be your second trip. You should carry
a current I-20 form with you when you return. As long as you are
still maintaining your studies, you should be allowed to reenter
the U.S.
- See answers
one and two.
Dear Mr. Lee:
I got my Green
Card in 5/1998, but it was not until 7/2001 that I begin to reside
in the U.S. for a long term. It would be 2 and a half years since
I lived here in 2/2003. From 1998 to 2001, I only stayed in the
U.S. for less a month each year, but did not stay abroad for more
than one year.
Questions:
- Is the date
I can apply for the citizenship four year and one day after 2/2003
(at the time I have had the Green Card for more than five years
and have resided here continuing for 2 and a half years), or that
after 7/2001?
- Is there any
other way to count the application date?
Mrs. Ma
Dear reader:
You are eligible
to apply for citizenship at this time although there may be questions
as to whether you broke your required period of residence by only
being in the U.S. for less than a month each year from 1998 to 2001.
An individual who leaves the U.S. for over six months during one
trip is presumed to have broken the period of required residence,
but the presumption can be rebutted at the time of interview with
evidence of ties and bonds in the States during that period and
the reasons for the extended trips. The basic requirement of naturalization
is usually five years residence after permanent residence with at
least two and a half years of physical presence in the States. Any
one absence cannot be for a year or more (unless there are extreme
circumstances, eg. war, or individuals applied for and were approved
for N-470 applications to preserve residence for naturalization
purposes), and trips of six months or more presumptively break the
period of residence. In the event that the examiner does not believe
that you maintained a residence for naturalization purposes until
July 2001, you would be eligible for citizenship four years and
one day from that date.
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