World Journal Weekly Q & A - July 29, 2007

Q & A 1. 2.

Q&A 1.

Why is U.S.C.I.S. Taking so Long to Schedule My I-485 Adjustment of Status Interview?

Lee Reader asks:
I came into the U.S. under K1 visa, and in the same month I married my US citizen fiancée in Las Vegas where we reside. I had my fingerprint done 4 months later. As of now, I haven’t received any notice. Is this normal? What’s the green card process in Las Vegas? I was told that other states only take 1-2 months for interview notice. My Employment Authorization will be expired soon. What should I do?

Dear reader:

Nationwide the time for scheduling I-485 adjustment of status interviews based on family relationship is six months and less on average. However, we see many cases in which the U.S.C.I.S. schedules within three months and others in which the scheduling is done after six months. This still beats by far the timing of I-485 interviews just two years ago when the average time for an interview took two years. The U.S.C.I.S. is to be congratulated for bringing down the period of time for waiting. If your employment authorization is expiring, you can make an application for extension based upon your pending I-485 application. I note from looking at the current processing chart of the CIS office in Las Vegas that as of March 15, 2007, it was within its six month goal for scheduling as it listed a processing date of September 16, 2006.

Q&A 2.

What Can I do With My Child Who is in Third Grade and Whose Visa is About to Expire

Wang reader asks:
My son and I entered the U.S. under B1/B2 visa. He is now in public school in the 3rd grade, but next year his visa will be expired, what can I do to extend his visa?

Dear reader:

I am not certain from your question whether you are saying that the visa in the passport will expire next year or that the I-94 entry/exit card will expire. A visa restricts the time during which you can enter the U.S., but the I-94 controls the period of time that you can stay legally during a particular visit. I will assume for purposes of your question that your question concerns the I-94. Your son may be eligible for a change of status to F-1 student, but would need a school which issues I-20 certificate of eligibility for F-1 student status forms. If he has such, a change of status application can be made with the U.S.C.I.S. (as long is your son's status is still legal by the time of filing) upon a showing that there are adequate funds for him to study and someone to take care of him. I note that the granting of an F-1 status is discretionary with the U.S.C.I.S.. Also that if a public school district issues an I-20, your son can only study at a public school for one year and must pay the full cost of the local government's expense of educating him. Under F-1 status, he would not be entitled to free public schooling.

Copyright © 2003-2007 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.