Q & A August 3, 2003
Q & A 1 2 3
Dear Mr. Lee:
Our whole family moved from China to America in the year of 1997.
My husband applied for asylum in 12/2000, and the case was approved
in 9/2002. This September, we will apply for an I-485 for permanent
residence. My two kids, one is 14 years old and the other 11, and
I benefited from my husband.
Questions:
- Could we turn in the I-485 form earlier?
- How long do we have to wait to get green cards?
- Could we apply my parents from China to visit us in the U.S?
If so, in what status could they come to visit, and what information
do we need to provide?
- Could the two kids visit my parents in China in summer? If
so, what materials do we need to provide?
Li
Dear reader:
- The law provides that one year after receiving a final grant
of asylum, individuals can apply for permanent residence through
the submission of form I-485 to the Nebraska Service Center of
the BCIS (Bureau of Citizenship and Immigration Services). The
BCIS is the successor to all INS benefit functions as of March
1, 2003. You cannot turn in your I-485 applications at an earlier
date.
- Because of the large number of individuals who are applying
and the current quota system which only allows 10,000 individuals
to adjust status to permanent residency from asylum status each
year, the INS estimated last year that it would take approximately
10 years for persons applying today to obtain their permanent
residence.
- You can ask your parents from China to visit you under B-2
nonimmigrant visas for non-business visitors, but such visas are
given in the discretion of U.S. consulate officers. You can provide
them with form I-134 affidavits of support and job letter, bank
letter, and tax return along with an invitation letter promising
support and that your parents will return to China after their
temporary period of visit in the States. It will then be up to
your parents to convince the consulate officer that they do not
have immigrant intent and will return to China after visiting
in the States.
- It is apparent that the children are not for the principal
aliens for asylum status. Also their young ages would work in
their favor in an immigration inspection. Therefore, there is
every likelihood that the BCBP (Bureau of Customs and Border Protection)
inspector meeting them upon return to the United States from China
would most likely not give them a difficult time upon reentry.
The BCBP is the successor to INS' border protection role as of
March 1, 2003, and combines INS and Customs personnel in a new
bureau. Such lenient treatment might not be the case with you
or your husband if you returned to China as the inspector might
conclude that your returning to the country of persecution casts
doubt upon the bonafide nature of your claims of persecution.
Dear Mr. Lee:
I’m a student who came to the U.S. six years ago. I filed an N-400
application to become a U.S. citizen last year. I am currently waiting
to be interviewed. About two years ago, I was arrested as a shoplifter
in a mall. I was told to go to the local court by the police the
next week. I did not get fingerprinted or anything. But I did sign
some papers at the police department, saying that I would go to
the court. Neither the shop owner nor the police showed up that
day. So I was judged as innocent and released. On my application
I didn’t say I was arrested because I thought that was just a mistake.
Question:
- Do you think INS can still find out that I was arrested and
take away my right to become a citizen?
- If so, what should I do now at this point to make it up?
Dear reader:
The N-400 application for citizenship clearly states that you must
disclose all prior arrests. If a BCIS officer at time of interview
concludes that you have lied in not disclosing a prior arrest, you
would be adjudged as lacking good moral character and be barred
from applying again for citizenship for another five years. It is
clear that this incident alone would not bar you from naturalization
-- however, lying about the situation will. It is no defense against
a finding of lack of good moral character in a naturalization context
to state that the lie was not material as the arrest itself would
not have barred you from becoming a citizen. There is no rule of
materiality for naturalization. On the facts of your case, I do
not believe that your name will pop up on a security check inasmuch
as you have not been fingerprinted. However, the correct legal move
for you would be to gather evidence of the disposition of the shoplifting
charge, send copies of such with a letter to the BCIS, and ensure
that you present such evidence to the BCIS examiner at the time
of interview.
Dear Sir/Madam,
I have a question regarding my mother’s status in the U.S. My mother
came to the U.S. with a B-2 visa on 1/22/03. Upon entering the U.S.,
the INS officer in Detroit thought her passport is going to expire
on August 30, 2003, so he granted her to stay until February 29,
2003. Meanwhile, my father was granted 6 months to stay. They came
to the U.S. at the same time. Also, the officer wrote “NO EOS, AOS,
COS” on her I-94 form. I believe those words stand for “no extension
of status, no adjustment of status and no change of status.”
Questions:
- I am a U.S. citizen, can I apply Green Card for my mother with
a note of “NO EOS, AOS, COS” on her I-94 form?
- What’s the chance of getting denied if I apply Green Card for
my mother with “NO EOS, AOS, COS” on her I-94 form?
Dear reader:
You are correct that the words "No EOS, AOS, COS" on
your mother's I-94 form stand for "No extension of status,
no adjustment of status, and no change of status." Although
an immigration officer in adjudicating your mother's I-485 (application
to adjust status to permanent residence) will see these notations,
the question before an immigration officer is your mother's intention
at the time of entry to the U.S. If the immigration examiner is
convinced that your mother did not intend at time of entry to adjust
her status in the U.S., the examiner could still approve an adjustment
of status based upon your petition. Over the years, we have adjusted
a number of individuals who had such notations on visas and I-94
cards. In the event that there is a finding of fraudulent intent
(that your mother actually intended to immigrate at the time that
she entered the U.S.), your mother is entitled to file an application
for waiver on form I-601 (application to waive grounds of excludability)
so long as she can show that her exclusion would cause extreme hardship
to a U.S. citizen or permanent residence spouse, son or daughter.
If you do not wish to take a chance, you can always petition for
your mother on form I-130 (petition for alien relative) at the regional
service center of the BCIS, and your mother can interview at the
American consulate overseas for the permanent residence visa. This
of course presupposes that she does not overstay her period of legal
status in the U.S. for 180 days/one year as she would then be barred
for three or ten years respectively.
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