Q & A January 8, 2006
Q & A 1.
Q&A 1.
Complications of Marrying at Any Time (Even After IV Interview)
and Then Entering the U.S. as Unmarried Son or Daughter of U.S.
Citizen
North Carolina Reader asks:
I came in U.S. in 6/1996 as an U.S citizen’s unmarried adult
child. It has been almost 10 years and during this period, I went
back China several times to visit my husband and daughter. As soon
as I came in the country, I hired a New York attorney and filed
an application for my husband and daughter to join me. However,
as of now, I still have trouble finding out the status of my husband
and daughter’s case. I checked with Charleston’s immigration
office and was told they had my case and my family’s priority
date had long passed. I am not sure how to continue my family’s
case.
However, there was an episode on my case. My father applied me
in 1986 as an unmarried child. When immigration notified me to come
to U.S. 10 years later (in 1996), my husband and I registered our
marriage. We thought that he could come to U.S. to join me as my
husband. We thought immigration would allow for me to come to U.S.
even thought I changed my status from the original single to married
status, because the 10-year time had passed and things had changed.
Please let me know if I should re-file application for my family
or how to trace with the immigration?
Dear reader:
It appears that your case is complicated by a number of factors.
The most obvious is that you were not supposed to immigrate under
a category for which you were not entitled. You lost your entitlement
to immigrate as an unmarried adult child when you married. An individual
who is given an immigrant visa in the unmarried category must remain
unmarried until the time that he/she sets foot in the United States
with the immigrant visa. When you applied for your husband and daughter
under the follow to join category and with the marriage paper predating
your date of entry to the United States, that evidently raised many
questions with legacy INS which appear to be holding up their cases
even today. A resolution with the American consulate in China or
with tracing or refiling an application at this time (if you are
still a green card holder) appears unlikely for a variety of reasons.
However, it would appear from the facts in your letter that you
are not removable from the United States. (I am assuming that your
father became a U.S. citizen before you registered your marriage).
Although there is no clear solution to your case, I suggest that
you find yourself a good immigration lawyer to make an application
for naturalization (if you have not yet done so) to speed up any
determination on your status. If the U.S.C.I.S. is willing to allow
you to become a citizen, you should immediately file new petitions
for your spouse and daughter.
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