Q & A July 11, 2004
Q & A 1. 2. 3.
Q&A 1.
Dear Mr. Alan Lee:
After I got my master’s degree in the U.S., I worked for a company
during my OPT. In this period, the company sponsored me for the H-1B
premium processing. It was approved, so I have been working in the
U.S. legally. Now I am thinking of visiting my elderly parents and
relatives in my home country.
Questions:
- If I visit China or other countries, can I enter and leave
the U.S. anytime during this period when I work here legally?
- Should I apply for a reentry visa before leaving the U.S.?
- I was told it is easier to have my visa done in a third country,
e.g., Mexico. If I go to Mexico, can I return to the U.S. with
my H-1 visa?
- If I visit China directly, will I definitely obtain a visa there
for returning to the U.S.?
- What should I do to ensure that I would be able to enter the
U.S. to work?
- If I invite my parents to visit me, what criteria should I meet
or what kind of documents I need in order for them to obtain visa?
What type of visa should they apply? What is percentage of success?
Xiao
California
Dear reader:
1. Unfortunately you will not be able to travel freely during the
time that you are in the U.S. on H-1B visa status. From your letter,
it appears that you were granted a change of status to H-1B by the
U.S.C.I.S., and that you do not have an actual visa in your passport
at this time. The change of status allows you to remain in the U.S.
pursuant to your H-1B status, but leaving the United States to travel
to countries other than Canada or Mexico (on a short-term basis)
would subject you to standard visa issuance procedures at the U.S.
consuls or embassies before you would be able to return to the United
States.
2. Advance parole is not available to H-1B holders unless they
are able to qualify under other situations, e.g.-H-1B holder with
an adjustment of status application to permanent residence (I-485)
pending with the CIS.
3. There is a perception that visa issuance at the consulates in
Canada or Mexico is easier than in many home countries. However,
in order to qualify for H-1B issuance in these countries, you must
have a prearranged appointment with the specific consulate. If the
consulate after looking through your paperwork believes that the
consulates or embassy in your home country would be better able
to judge H-1B eligibility, it will deny the H-1B application. In
such event, you must remain outside the United States until you
can be issued the H-1B visa, unless there is some other basis for
you to return to the States.
4. There is no guarantee that you will be issued a visa in China
or any other country for return to the United States. However, the
H-1B visa has a dual intent clause - that an individual can intend
to immigrate while at the same time qualifying for an H-1B status
so long as he/she is willing to return to the home country if the
permanent residence application has not been completed by the time
that H-1B status expires. Therefore U.S. consulates and embassies
cannot deny H-1B visas on a charge of the applicant's having an
immigrant intent such as in the case of other non-immigrant visas.
5. If you are truly worried about returning to the United States,
you should perhaps think seriously about whether you are willing
to take the risk that you may encounter difficulties in delay or
actual visa issuance when applying overseas for the H-1B visa. If
you do decide to go anyway, you should ensure that you are fully
documented including having the original I-797 H-1B approval sheet,
entire copy of H-1B filing, and originals of your educational documents,
etc.
6. By virtue of the H-1B visa, you will be able to show financial
support for your parents. You can also address a letter to the specific
U.S. consulate or embassy guaranteeing their support, and that they
will return to China at the conclusion of their visit; and send
over an I-134 affidavit of support form with copies of your latest
tax return, job letter, paystubs and latest banking statement. Your
parents will be applying for B-2 visiting visas. The issuance of
B-2 visas is in the discretion of the consular officer who interviews
your parents. As long as the consular officer is convinced that
they will return to China after the period of visit, he/she will
issue the visas.
Q&A 2.
Dear Mr. Lee
I emigrated to the U.S. from Taiwan in October 2002, and obtained
my citizenship at the beginning of 2003, since my parents were U.S.
citizens and I was 15 years of age.)
Questions: Can I return to Taiwan in the near future? Will I be
held in Taiwan for military duty reason?
California
Dear reader:
We do not purport to be experts in the law of Taiwan or any other
country. We exclusively deal in U.S. immigration and nationality
laws. Generally U.S. citizens are discouraged from enlisting in
the military of other countries as this encourages dual allegiances.
U.S. citizens are supposed to owe their allegiance to the United
States only. We do note, however, that it is increasingly more difficult
to take back U.S. citizenship once given. We communicated with the
Taiwan Affairs overseas office in New York and received the following
information:
If the male is under the age of 15, he can use a U.S. passport
to travel. From January 1st of the year that he turns 16, he can
renew his Taiwan passport and obtain an overseas status stamp of
Taiwan after proving that he has been overseas for four years and
has a U.S. passport. He can then travel to Taiwan for less than
four months. Upon our asking what the circumstances would be if
a U.S. citizen used his U.S. passport to travel to Taiwan, a representative
said that if he held registration in Taiwan, he would be kept in
Taiwan unless he had fulfilled his military service. Readers wishing
to verify this information can call the Taiwan Affairs overseas
office at (212) 486-0088.
Please further note that service in the armed forces of a foreign
state is cause for taking away U.S. citizenship if such person serves
as a commissioned or noncommissioned officer.
Q&A 3.
Dear Mr. Lee:
My relative, 56 years old, was granted to immigrate to the United
States in 1999 and is a permanent resident. He has epilepsy. In
the beginning, he would come to the U.S. twice a year (as to maintain
his permanent resident status). Recently, his epilepsy has erupted
a few times. He thought about seeking medical treatment in Taiwan
because of the national medical insurance he has as well as other
convenience such as those concerning medical expenses. He knew the
medical expenses in the United States are extremely high. In case
his epilepsy erupts, he would not be able to pay for the medical
expenses. As a result, he dares not to come to U.S. to live with
his family. Questions:
1. Are the patients of epilepsy in the United States qualified
for medical insurance given by the government, especially those
that are given to people who are disabled (he has filled a affidavit
of support at the time of his application, that he, before becoming
a citizen, can not apply for benefit)?
2. In his situation, if he cannot benefit from medical insurance
from the government, is it possible to seek medical insurance from
private insurance companies? What would likely be the monthly premium
then?
Hsie
Dear reader:
1. As a sufferer from epilepsy, any emergency medical services
are allowable in your situation. However, long-term institutional
care may be a ground to invalidate your permanent residence. The
taking of other benefits like Medicaid and food stamps do not constitute
a basis to find that you are a public charge and subject to removal,
but does not affect the authority of benefit granting agencies to
seek repayment for these means tested public benefits from your
sponsor under the I-864 affidavit of support which was signed as
part of your immigration process.
2. As this is an immigration column, we do not canvass private
insurance companies for their monthly premium rates. I do note that
many insurers do not insure, have a waiting period for benefits,
or restrict benefits in situations involving pre-existing conditions.
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