Alan Lee, Attorney at Law -Parent Takes Big Risk Using B-2 Visitor Visa to Stay in U.S.

Q & A April 23, 2006

Q & A 1. 2. 3. 4.

Q&A 1.

Parent Takes Big Risk Using B-2 Visitor Visa to Stay in U.S. with Occasional Trips Back Home in Order to Stay with U.S. Citizen Child

Kathy Reader Asks:

I gave birth to my child 14 years ago while I accompanied my husband studying in the U.S. We went back to Taiwan when our child was 3 years old. Now, our child is studying at high school in the U.S. and I came here to take care of him as an visitor status. My questions are:
1. Will the immigration allow me to stay here for 6 months and go back Taiwan for 2 weeks, in this pattern, until my child reaches the age of 18?
2. My child is an U.S. citizen but I am a visitor who is not allowed to work in the U.S.. Our living expenses must rely on my husband to mail to us. Can my son apply for government's benefit and food stamps? Is there a maximum banking deposit limitation? If my child is qualified, how to apply?

Dear reader:

1. As a visitor, you are not allowed to indefinitely stay in the U.S. only returning to Taiwan once every six months for two weeks. A visitor is one who comes to the U.S. to visit and then returns to a permanent domicile outside the U.S. Instead you propose to be permanently domiciled in this country during the next four years and only visit the home country. At some point during the next four years, there is a good possibility that you will encounter difficulties with a Customs and Border Protection inspector while attempting to re-enter the U.S.

2 As an immigration law firm, we do not provide advice on governments benefits and the answer below was based on our telephoning the U.S. Department of Agriculture. U.S. Citizens are eligible for benefits even if their parents or members of their households are non-residents. Social Security requires having worked. SSI is for the aged, blind and disabled. Medicaid is a State administered plan providing health care and money for such. There are income thresholds and you may contact the U.S. Department of Health and Human Services at 1-877-267-2323. According to the U.S. Department of Agriculture which operates the food stamp program on a federal level, a child born in the U.S. or a legal immigrant child is eligible for food stamps, even if he/she is in a family where other members of the household are not eligible. One can find out if he/she is eligible by checking www.foodstamps-step1.usda.gov and since States issue the benefit, you can find the toll-free telephone number for your State at www.fns.usda.gov/fsp/contact_info/hotlines.htm. Some States have work requirements and income thresholds may differ. Household income requirements vary and generally $2000 is the asset or bank account balance maximum. One should call 1-800-221-5689. These contact telephone numbers are generally available in English and Spanish only. Basic documents are available in 35 languages including traditional and simplified Chinese at www.fns.usda.gov/fsp/outreach/traslations.htm.

Q&A 2.

Obligation of Disclosing All Incidents with Law Enforcement on Naturalization Application

Feng Reader asks:

In 1994, I took a subway and put in a token, however, the token machine had problem and would not let me through. In desperation, I jumped and crossed the gate and went through, but was arrested by the plainclothes police. I then appeared in Court, the translator told me that I made a minor mistake and if I pleaded guilty it would not be in my record. I then pleaded guilty and was ordered eight hours of community service. My questions are:

1. In 2002, while applying for green card, I was requested to submit FBI's fingerprinting as a proof of no criminal record. My fingerprinting had no problem and I received my green card. Does it mean that the police station did not keep my fingerprinting record I took when I was arrested then?
2. During my green card application, immigration did not find any problem from my fingerprint record; does it mean I should have no problem applying for naturalization? On the naturalization application, do I have to mention this undeserved incident?
3. Because of this incident, if I leave the country traveling, will I have problem come back in during the boarder inspection?

Dear reader:

1 We have seen at times that individuals have received fingerprints results from police departments that indicate a clean record, but that the U.S.C.I.S. at the time of interview has a record of the offense. There are any number of reasons why you obtained permanent residence without a problem including there being no record entered into the law enforcement systems by anybody, the examiner only wanting to see if you have any other offenses, or simply slip-up by one of the agencies, etc.

2 Yes, you must mention this incident on your naturalization application. The consequences of not disclosing all prior incidents with the law could be denial of the naturalization application on grounds of bad moral character. Such could keep you from becoming a citizen for five years.

3 As the incident does not appear to be of much consequence, you should not have a problem re-entering the U.S. during border inspection even if the offense comes up on Customs and Border Protections (CBP) agency systems.

Q&A3.

Sponsoring a Parent for Permanent Residence

Jiang Reader from New York asks:

I have been in the U.S. for 10 years and have just naturalized and became U.S. citizen. I am 20 years old and would like to apply for my mother who is divorced and currently in China. My questions are:

1. Where should I start?
2. What qualification do I need as a petitioner?
3. What's the sponsor's financial requirement? And what's the difference between petitioner and sponsor?
4. I heard that college students could apply for parents to attend graduation. Since my mother is in China, Can I apply for my mother?

Dear reader:

1 In order for you to sponsor your mother for permanent residence, you need to be 21 on the date of filing. At that time, you can file an I-130 petition for alien relative with the U.S.C.I.S. service center having jurisdiction over your place of residence.

2 As the petitioner, you are already qualified by virtue of your relationship. The documents that you will need to prove your qualifications are your proof of birth and naturalization certificate.

3 The sponsor financial requirement is to assure that the individual being sponsored will be able to live in the United States without having to work and falling into financial distress. The petitioner is required by law to be the financial sponsor. In the event that the petitioner does not have enough income or resources to sponsor the alien, a good-faith co-sponsor is allowed to present his/her affidavit of support for the individual. In such case, both the petitioner and the co-sponsor remain jointly and severally liable for the support of the alien. Under the 2006 federal poverty guidelines effective March 1, 2006, a single individual sponsoring one person in any of the 48 contiguous states and Hawaii must show an income level of $16,500. I do note, however, that American consulates are more demanding on support requirements if the person being sponsored is elderly.

4 Parents are many times allowed to enter the United States in order to attend the graduation ceremonies of their children under B-2 visitors visas. However, these visas are given in the discretion of consular officers. Issuance of such visas depend upon whether consular officer are convinced that the parents will return to the home country after the stated purpose of the visit is concluded.

Q&A 4.

Effects of Divorce to Permanent Resident After Obtaining Green Card from the Marriage

Feng Reader asks:

Dear reader:

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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.