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:
- 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?
- 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?
- What are the specific steps for Sis A to follow in order to
adjust her status in the U.S?
- When does Sis A start the immigration application procedures?
Does it have to be done through an attorney?
- 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?
- 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:
- 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.
- 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).
- 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).
- Your sister does not necessarily have to use an attorney. Many
people use attorneys and many people do not for this type of case.
- 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.
- 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).
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