World Journal Weekly Q & A - October 1, 2006Rollback Date & Requirement of Past Persecution or Fear of Future Persecution in Asylum Adjustment CasesReader Li asks: I came to U.S. in 1999 and applied political asylum through “one child” policy. In April 2002, I received the approval notice and became permanent resident. Later on, I applied for green card and was granted. The approval date indicated on my green card was March 2005. I have two questions: 1. When can I apply for citizenship, should it be 5 years from the date of approval notice or the date indicated on my green card? 2. Can I go back to China now? Will I be able to come back in to the U.S. without any trouble? Dear reader: 1 Political asylees generally obtain a one-year roll back date on their permanent residence. In this way, they only have to wait four years from the date that they receive their permanent residence cards until they can apply for U.S. citizenship. The date to begin counting the five years for eligibility for citizenship is the date indicated on your green card rather than the date of approval notice. 2 The basis of your permanent residence application was either
past persecution or a well-founded continued fear of persecution
if you return to the homeland. Past persecution does not necessarily
require much present fear of persecution while a well-founded fear
of persecution requires such. An individual applying for an asylum
green card on the basis of a well-founded fear of persecution should
continue to have such fear throughout the application. However,
since you state that you have obtained your permanent residence
for well over one year (I assume you are referring to the date of
approval notice rather than the rollback date), you may be able
to cite to any number of reasons as to why you have less fear than
when you were applying for and granted your permanent residence
if you are questioned by an immigration inspector upon arrival to
the States. Planning to File I-751 Removal of the Conditional Basis of Residence Application Where the Couple Do Not Now Live With Each OtherReader Zhang: I married to my American husband on March 1, 2004 in Shanghai; he has been working in Shanghai long term for four years. He is from Los Angeles and through my friend’s introducing we met and got married. After the marriage, because I wanted to understand America, so I came to New York alone living with my relatives. I study and work here and go back to China visit my husband almost every 6 months. I received my 2-year conditional green card when I entered the U.S.. After I apply for the permanent green card on my entry of one year and nine months, do we need to come back to the U.S. for interview? What kinds of the documents do we need to prepare? Dear reader: Your marriage arrangement with your husband is not the usual one seen by U.S.C.I.S.. The agency expects spouses to live together during the period of conditional residence. In filing a joint petition for removal of the conditional basis of permanent residence (Form I-751), applicants will usually send U.S.C.I.S. copies of all evidence that they have been living together including photographs, deed or lease, rent receipts if renting, utility bills, telephone bills, banking statements, credit card statements, birth certificates of children, ownership of items such as cars and other personal property, stacks of other mail showing that they share a common marital address, and affidavits from friends and relatives verifying the basis upon which they know that the marriage is bonafide. In your case, you would probably have to explain to U.S.C.I.S. why you been living apart from your husband along with presenting proof of your trips overseas to visit him. You could also present any communications that you have had with your husband during the time that you have not physically been with him. In answer to your question of whether you and your husband will have to return for interview, I do not know because an interview is optional to the U.S.C.I.S. officer looking at your case. Will the Parent’s Overstay in U.S. Affect Daughter’s Application for B or F Visa?Reader Li asks: I have overstayed in the U.S. but eventually I will go back home. Will my overstay status affect my daughter’s application for her F-1 or B-1/B-2 Visa? Dear reader: The nonimmigrant application form (DS-156) asks in section 37 whether
the applicant's parents, spouse, fiancée, children, or siblings
are in the United States. If the answer is yes, there may be suspicions
of whether the applicant has the requisite non immigrant intent
to merit the B-1/B-2 or F-1 visa. If the parent is in the U.S. and
has overstayed, this may be even more of a negative factor in considering
whether to grant the child an F-1 or B-1/B-2 visa. Claiming A Green Card Holder As A Dependent for Tax PurposesReader Chen Asks: I’m a Permanent Resident and retired in China. I lived with my daughter from July 14, 2004 to January 19, 2005. And I am a dependant of my daughter. Would you please tell me if my daughter could have the “Exemptions for Dependants”? Dear reader: According to the Internal Revenue Service representative that we spoke with, the rules for your daughter to claim you for an exemption as a dependent, where you do not live with your daughter but are a U.S. resident, are the following: 1. Your daughter cannot be claimed as a dependent by another taxpayer; If your daughter and you meet the above tests, she can claim you as her dependent. However, please note that U.S. immigration laws require permanent residents to reside in the U.S. the majority of the year although of course there are many exceptions. What to do When You Have Petitioned for Your Married Child Who Then Divorces and Now Marries Someone Else?Reader Chen asks: Immediately after I became a U.S. citizen in May of 2003, I applied for my married daughter’s family of three. My questions are: 1. Now, my daughter’s marriage has been changed. She divorced and re-married again. What should I do to change my son-in-law’s name to the present one with Immigration? 2. Can she keep the original priority date of her case? Dear reader: 1 You should notify the agency which is holding the petition papers of the new developments in your daughter's case. You can do so by letter to the local service center of the U.S.C.I.S. so long as the case has not yet been approved, or to the National Visa Center if it has. You should also enclose documentation of your filing, daughter's divorce and re-marriage and proof of birth of the son-in-law. 2 Your daughter should be able to keep the original priority date as a change in category from F-31 (U.S. citizen applying for married son or daughter) to F-11 (U.S. citizen applying for single son or daughter over the age of 21) and then back to F-31 does not destroy the priority date.
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Copyright © 2003-2006 Alan Lee,
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