World Journal Weekly Q & A - August 26, 2007
Q & A 1. 2. 3.
4.
Q&A 1.
Attempting to Obtain Extension of Time to Delay Immigration to
the U.S. Before and After Immigrant Visa Interview at Consulate
Shawn asks:
My mother applied for my sister’s family of three. We expect
the priority will be current in the end of 2008. After my sister’s
family passed Guangzhou interview, can they:
1. request for a delay entry to the U.S. ?
2. how late can they request to?
3. if it is possible for their delay entry, where, when and how
to request?
Dear reader:
It is much easier to delay the processing of a permanent residence
case prior to it clearing processing at the National Visa Center
and being forwarded to the U.S. consul in Guangzhou. In addition,
a visa applicant can delay an immigrant visa appointment at any
consulate or embassy for up to but not including a year and still
keep the case. However, if you are still focusing on the question
of your sister's family delaying the date of entry after passing
the interview in Guangzhou, immigrant visa holders are generally
allowed six months to enter the U.S. following the issuance of the
immigrant visas. If they are unable to enter within that time period,
the visas will no longer be valid for entry and they would have
to return the immigrant visa packages to the consulate with explanation
of the reason for delay. If amenable, the consulate would begin
the process of sending out forms for them to fill out again and
to affirm that they have all the documents required to further process
their immigration.
Q&A 2.
Can Custom Marriage in China in 1996 Between Petitioner's Father
and Stepmother Form a Stepchild-Stepparent Relationship Recognizable
by U.S.C.I.S.?
Lin Reader asks:
I immigrated to the U.S. through my U.S. citizen husband’s
application in 1999. On the form of the relative column, I did put
down my step-mother’s name. In 10/2006, I became a U.S. citizen.
I want to apply for my father and stepmother. The trouble was that
they did not register their marriage until 10/2002, even thought,
they had a village wedding in 1996. What should I do? Can I apply
for her to visit first to be reunited with my father and I?
Dear reader:
Unfortunately the immigration laws do not recognize custom marriages
in China in 1996 as those have no legal effect under Chinese law.
Therefore you will not be able to apply for your stepmother's immigration
in the same vein that you applied for your father's. If your father
already is or when he becomes a permanent resident, he can apply
for your stepmother as his wife although this process will take
much time under the current F-2A immigrant visa category quota.
If your stepmother has other options for immigration or for a nonimmigrant
visa, she could certainly explore the possibilities. Insofar as
her applying for a visit to be reunited with you and your father
under a visitor's visa, the decision on whether to grant the visa
would be in the discretion of the U.S. consular officer. The nature
of such a visa would be for temporary visit, and the burden of proof
would be upon your stepmother to prove that she intends to return
to China at the end of her period of visit.
Q&A 3.
Facts About Reentry Permit Application and Processing
Mrs. Chai asks:
I received my green card in March 2002 and live with my only son
in New York. My son is to be transferred to Hong Kong by his company
for several yeas. I am already 77 years old with poor health and
require family’s care. Therefore, I must go with him. My questions
are:
1. If I leave U.S. over 6 months, do I must apply for reentry permit?
2. How to apply for reentry permit?
3. After I submit reentry permit application, how long will it take
to receive it?
4. Could I leave country after I apply, or do I have to wait until
I receive it?
Dear reader:
1 It is advisable to apply for a reentry permit if you intend to
be out of the United States for over six months at one time.
2 You would submit form I-131 with current filing fee of $305 to
the Nebraska Service Center of U.S.C.I.S. The address if by Post
Office delivery is
U.S.C.I.S.
Nebraska Service Center
P.O. Box 87131
Lincoln, Nebraska 68501-7131
If sending by private courier,
U.S.C.I.S.
Nebraska Service Center
850 S St.,
Lincoln, Nebraska 68508-1225
You should submit the form with a copy of your permanent residence
card and photo identification such as your current passport &
2 photos.
3 The current waiting time for reentry permits is approximately
4 months.
4 You can leave the country after filing for a reentry permit.
The law only requires that you be present in the States at the time
that it is being filed.
Q&A 4.
CSPA Counting Rules on Age - When Age is Deemed to be Frozen
New York reader asks:
I applied my older sister and her family to immigrate to the U.S.
in 1/1997. She has already gotten her address confirmation letter
from USCIS in 12/2006. My sister’s daughter was born on 10/21/1985
and she is now over 21 years old. I know some aged out children
are still able to come with their parents by applying certain calculation.
I do not know how. Could you please calculate it for me? If she
can make it, what documents does she need or do I need to make the
case? Where should I notify?
Dear reader:
The generally accepted method of calculating age under the CSPA
has the following principles:
1 A child's age is frozen at the time that the priority date becomes
current. For the month of August 2007, the priority date which is
current for the fourth family preference for sibling cases from
most countries is before November 1, 1996. For China born, that
date is before July 22, 1996. If you filed for sister's family in
January 1997, that date will not become available for some time.
2 Under CSPA counting rules, the time that an I-130 petition was
pending at legacy INS or U.S.C.I.S. prior to approval is credited
against the child's age. For example, if the I-130 petition took
two years and one day to be approved by legacy INS, your sister's
daughter would be credited with that period of time and could immigrate
until the time that she is 23 years of age.
3 In a close case, an argument can be made for the applicability
of the U.S. Patriot Act that gives 45 additional days for a child
to be considered under the age of 21 if the age of 21 occurs on
or after 9/11/01. We have successfully used this argument in the
past.
4 If your sister's daughter is eligible for CSPA inclusion as per
the above, you can make the argument to the National Visa Center
which is probably still holding your sister's case. If her case
has already been transferred to the U.S. consulate or embassy, you
can make the same argument to the consular section over there.
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