World Journal Weekly Q & A - February 8, 2009Reader Came on B-1 Business Visa, Had a Premature Baby, and Wants to Stay Longer. What to do?Xia reader asks: My daughter was born here and I came here with a B1 visa, but it expired already. I applied for extension and it’s pending. My daughter was born prematurely and my doctor provided me with a certificate for extension. My child has a lot of problem and some of the treatments require to be done before she reaches 2 years old. Is there any relevant law which allows a child’s guardian legally to stay in the U.S for a longer period? If there is, what type of lawyer should I hire to handle the case? Dear reader: For non business reasons, you can apply for a B-2 change of status. If U.S.C.I.S. can see a point at which your stay will end in the near future, it can grant a change of status and further B-2 extensions. Of course, the period of time that an individual can stay in the U.S. is within the discretion of U.S.C.I.S. The agency will take into account such factors as proof of your ability to stay with adequate financial resources, your ties and bonds in the home country, what you have been doing during your stay, your past immigration history, and your willingness to return home after the temporary period of stay.
Consul Has Returned the I-130 Petition to Immigration for Review in Marriage Case and Petitioner Filed New Petition Which is Now Transferred. What to do?Kuang reader asks: My sister’s daughter came to US under F1 category (that is a US citizen went back home and married her). Her first interview was in Guangzhou but didn’t pass, and was told the file would be sent back to U.S. Immigration. We re-filed I-130 for her again in March of this year and received the receipt notice. But as of now, Immigration hasn’t approved the application. Recently we receive a notice saying her case has been transferred from Vermont Service Center to California Service Center. But immigration’s online case status said “the case is now pending at the office to which it was transferred”. What should we do now? Should we continue to wait or to inquire? When will her case be approved? Dear reader: Your niece's case has unfortunately fallen within the category of consular I-130 petition returns to U.S.C.I.S. for review and possible revocation. One of the early problems is even getting the case transferred back from the consulate to U.S.C.I.S. A second problem is the non-priority given to these returns by the service centers. Recently the American Immigration Lawyers Association was able to gain a concession from U.S.C.I.S. that it would begin to notify petitioners when it received the petitions, but would not agree to place this type of case on a processing time chart or to promise any expedited action on them. U.S.C.I.S. has unfortunately taken over two years in many cases to review and make decisions on returned cases. On the other hand, filing a new petition is not a good answer in most cases since U.S.C.I.S. may be reluctant to approve a new petition where the old petition has been returned. In addition, even if U.S.C.I.S. approves a new petition, that is hardly any guarantee that it will be finally approved at the U.S. consulate or embassy. There is a likelihood that barring a major circumstance such as the birth of a child, a consular officer may believe that he/she has already seen the case and that there is no reason to make a different decision. In your niece's case, her husband can continue to pursue the new petition, but might also consider pursuing the old one in order to have U.S.C.I.S. consider the consul's objections and send him any further requests for evidence to overcome the consular report.
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Copyright © 2003-2012 Alan Lee,
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