Q & A June 12, 2005Q & A 1. Dilemma of Wishing to Cancel Adjustment of Status Application While Still Wishing to Visit U.S. in FutureMrs. Tian asks: I am 74 years old. In 9/2003, I came in U.S. under B2 visa and
in 10/2003 my son (US citizen) applied the permanent resident application
for me. I was fingerprinted in 12/2003. In 6/2004, I had an interview
in San Francisco. At the time, the examiner took my I-94 and I signed
some papers and had my index finger printed and was told to wait.
Since then, I have not heard anything from the immigration. I called
and made Infopass, however, the responses were “still awaiting
security clearance”. I am old and got sick all the time. Now,
I can not go back to my home country for treatment and is not qualified
for U.S. medical assistance. Here are my questions: Mr. Lee Answers: 1 Security clearances are unfortunately not within the authority of the U.S.C.I.S. to control. Name checks and fingerprints are with the FBI; and CIA clearances are with the CIA. Lately, we have seen many cases being delayed because the name check clearances have not yet been returned by the date of of interview. The best strategy is to keep reminding the immigration office concerning your case. You or your attorney can also remind that office that the fingerprints are most likely expired, as they were taken over 15 months ago. You can remind the local office of your case by checking with the office periodically, having an attorney do it, or contact your local Congressman or Senator's office so that it can assist you in contacting the U.S.C.I.S. 2 You can cancel your adjustment of status application by simply leaving the United States or writing a letter to the U.S.C.I.S. office requesting cancellation. Please note however that there will still be a record that you applied for permanent residence. 3 If you return to your home country at this time, you may find
it difficult to return to the U.S. Because your non-immigrant status
has expired, your B-2 visa (even if there is time left on it) is
considered automatically cancelled and no longer valid for reentry
to the country. If you apply for another visa at an American consulate
or embassy, you may be prejudiced by having previously shown an
immigrant intent in applying for the green card. Under U.S. immigration
law, visiting visas should be denied to individuals that the consular
officer is not convinced will return to the home country at the
end of the period of B-2 stay. Having applied for immigration is
an indication to a consular officer that the visa applicant may
be a bad risk for a visiting visa.
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Copyright © 2003 - 2005 Alan Lee, Esq. |
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