Q & A March 20, 2005

Q & A 1.


Q&A 1.

Where U.S. security checks are still pending, there is no person or department that you can turn to for a rapid resolution

Mr. Zhu asks:

I am granted with Asylum (religion). On 11/5/01, I applied I-730 for my family to joining me and was approved by immigration in 2/02. My wife and daughter were interviewed and passed in 8/03. My wife in 4/04 received Beijing Consul’s notice for visa and was approved. However, my daughter as of now has not received visa notice, and was told that her U.S. security check was still pending. Questions:
1. My daughter will be 21 on 8/28/05. Once she reaches 21, will she be able to allow coming into U.S.? Is she protected under Child Status Protection Act?
2. My daughter had her physical examination done in 8/03. Will the exam expire after one year and will she have to take it again?
3. Which department should we inquire her security check status? Please provide us with the address and phone number if any.

Mr. Lee answers:

1 In your daughter's situation, she will be able to come to the U.S.. According to current U.S.C.I.S. interpretations, she is protected under the Child Status Protection Act.

2 Currently, the U.S.C.I.S. is allowing most medicals which were valid at time of submission to continue to be valid throughout the entire process of immigration provided no Class A or B medical condition was certified. A Class A medical condition includes a communicable disease of public health significance to such as infectious tuberculosis, gonorrhea, HIV/AIDS, infectious leprosy, and infectious syphilis; a physical and mental disorder, and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others; or a history of physical or mental disorder and behavior associated with the disorder which has posed a threat to the property, safety, or welfare of the alien or others and is likely to recur or lead to other harmful behavior; or drug abuse or addiction. A Class B medical condition is a physical or mental abnormality, disease, or disability serious in degree or permanent in nature amounting to a substantial departure from normal well-being except that it does not include mental shortcomings due to ignorance, or suffering only from a condition attributable to remediable physical causes or of a temporary nature caused by a toxin, medically prescribed drug, or disease. However, this is not uniform, and we have heard of instances in which officers have insisted that medicals be retaken.

3 Where U.S. security checks are still pending, there is no person or department that you can turn to for a rapid resolution. I suggest for you or your attorney to continue communicating with the U.S.C.I.S. office in Beijing, and perhaps even involving your local Congressman or Senator's office to inquire as to the delay.

 

Copyright © 2003 - 2005 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.