Q & A October 5, 2003

Q & A 1


Dear Mr. Lee:

As a citizen, I petitioned for my three sisters (Sis A, Sis B and Sis C) to come to the U.S in January 1992. Sis B and C, who waited for their priority dates in China, received forms and letters regarding contact address from the National Visa Center (NVC) last March. There were words “DS-3032” and “11-2000” at the bottom-left corner of the forms. According to the letters, the forms should be mailed to the NVC after filled out and the NVC will then send the visa instruction documents to the mailing addresses on the returned forms.

Sis A, on the other hand, came to the U.S. with a tourist visa in the end of 1996, and has been overstayed since mid 1997. She wants to adjust her status in the U.S. under section 245(i). Because Sis A’s house in China (it was this address that I put down on the petition form) was torn down, so she didn’t receive the letter and form from the NVC.

Questions:

  1. Should Sis A mail a letter to the NVC in New Hampshire, informing them the address of her proxy in the U.S., and asking the form to be sent to that person?
  2. Is the form Sis A need for status adjustment different from the one Sis B and C use? If so, does Sis A now need to inform the NVC that she will adjust her status in the U.S, so that the NVC will send another kind of document and form to her?
  3. What are the specific steps for Sis A to follow in order to adjust her status in the U.S?
  4. When does Sis A start the immigration application procedures? Does it have to be done through an attorney?
  5. What are the risks for overstaying people to petition for status adjustment? What is the success rate? Will Sis A be detained by BCIS while applying for the visa?
  6. Does Sis A need to provide her income information and some other documents while applying? If so, what documents does she need to provide?

Zhang
California

Dear reader:

  1. As sister A will adjust status in the United States, she can inform the NVC that she will be doing so designating the district office of BCIS to which she will be sending the adjustment of status application.
  2. Adjustment of status forms are quite different from those used for immigrant visa processing overseas. The NVC will not send BCIS forms to her, and she should obtain the appropriate forms through the BCIS local office, regional service center, or print out the forms from the BCIS website (www.immigration.gov/graphics/formsfee).
  3. Except in the Baltimore region, your sister could submit the I-485 adjustment of status application with attachments to the local office of BCIS on the first day that her priority date becomes available for visa issuance. That would be the first day of the month in which the visa processing date passes her priority date on the State Department's monthly visa bulletin (You can check the visa chart times on our website, www.AlanLeeLaw.com).
  4. Your sister does not necessarily have to use an attorney. Many people use attorneys and many people do not for this type of case.
  5. If sister A has had no problems with the police or with the INS/BCIS during her period of stay in the United States, she would not be detained by BCIS while the I-485 application is pending. Inasmuch as your sister qualifies for section 245(i) benefits, her overstay will be covered. The chances of success are good.
  6. As the petitioner, you will have to submit financial information and an I-864 affidavit of support. If your finances are not enough to support your sister, a co-sponsor can take up the support obligation. However, you must also submit the affidavit of support regardless of your income amount. The documents that your sister will need to provide are passport, I-94, medical examination, birth certificate, marriage certificate (if applicable), termination papers for prior marriages (if applicable), and proof of job, bank accounts, and taxes (if she has been working in the States).

 

Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.