World Journal Weekly Q & A - January 11, 2009LPR Readers Wish to Return to China for One-and-a-half to Two Years and Wish to Protect Their Green Card Statuses. How?Yang reader asks: I am 72 years old and my wife is 71 years old. My daughter applied
for me and in December 2007, we both obtained green card. Could you tell us how to apply for it and how long will it take? Dear reader: As you are both permanent residents, you and your wife have to apply for reentry permits. A reentry permit will allow you to remain outside the U.S. for up to but not including two years. It is not a guarantee of reentry, but increases the chances of your trouble-free reentry as you have already informed the U.S.C.I.S. prior to your travel that you intended to take such an extended trip. It must be filed during the time that the green card holder is in the United States. After filing, U.S.C.I.S. does not encourage travel as applicants are required to attend a biometrics appointment approximately one month after the application is submitted. The fee for a reentry permit is currently $305 plus biometrics fee of $80. The address to which it should be sent is : The current processing time is approximately six months.
LPR Who Received Green Card Through Wife's Political Asylum But Did not Disclose Past Membership in Communist Party Wants to Know What to do in His Naturalization ApplicationChen reader asks: My wife and I came to U.S. in 1994 with visitor’s visa. My wife applied for political asylum and was approved in 1998. We both received our green cards in 2004 and now plan to apply for naturalization. I was a member of communist party in China. Since I came to U.S, I have not contacted with that organization. When I applied for the visitor’s visa and green card, I did not reveal this fact. If I do not tell the truth during the naturalization filing, it will be continuing deceiving. But if I reveal, I admit that I committed defraud. So I am facing the dilemma of revealing or concealing. My questions are how to fill out the naturalization form? Dear reader: You are indeed in a dilemma and, as a lawyer, I cannot give you advice contrary to ethical practice of law. I can only point out that your concealing membership of the Communist Party could be grounds to look over the grants of political asylum and permanent residence. On the other hand, concealing the fact this time would also make you ineligible for citizenship for another five years if caught as you would have exhibited bad moral character in lying on the N-400 naturalization application.
Nun Was to Know Whether She Qualifies to Immigrate to the U.S.Sister Maria asks: I am a nun and hold a religion visa for 4 years. I haven’t left U.S during all these years. I want to know if I am qualified to apply for green card. Dear reader: As a Catholic nun who has held a religious visa for four years, you are qualified to apply for a green card as long as you can show that you have been working as a nun for the past two years. The requirement for admission for special immigrant religious worker is that the individual 1. Has for at least two years before applying for admission, been a member of a religious denomination having a bonafide nonprofit, religious organization in the United States; 2. Seeks to enter the U.S. to work (in your case) in a religious vocation for the organization; and 3. Has been carrying on such vocation continuously for at least two years before applying for admission. I do note that the immigrant visa program for non-ministers like you as been extended by Congress and that the U.S.C.I.S. now requires that the organization file a petition with attestations on your behalf. Presently U.S.C.I.S. is allowing use of the current I-360 petition with a revision date 5/27/08 until a new version is posted to the U.S.C.I.S. website. In addition to filing the petition, an authorized official must attest to a number of factors designed to detect fraudulent applications.
Having Given Birth in the States Under B-2 Status and Receiving Benefit From State Government, Reader Wants to Know Effect On Visa Application in Future and How to Bring Child Back to the U.S.Shu Reader asks: I came to U.S. with a B-2 Visa (without a financial sponsor). During
the stay, I gave birth to my baby. At the time, I afraid having
complications given birth and the money I brought with me could
not all spent on the hospital fee, so I applied the pregnancy social
benefit from the State government after I consulted with the hospital
ran by Chinese. My application was approved. Looking over the nonimmigrant application form, DS-156, there is
no question on the form pertaining to taking means tested benefits
from the U.S. government, state, or local municipality. If and when
you have a B-2 visa to enter the U.S., an immigration inspector
would not normally ask such a question at the port of entry. A more
common scenario, however, is the difficulty that you may have in
obtaining another non-immigrant B visa upon the disclosure that
your child is a U.S. citizen as that would go to the question of
whether you have the requisite nonimmigrant intent for a B-2 visa.
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Copyright © 2003-2012 Alan Lee,
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