World Journal Weekly Q & A - February 22, 2009
Q & A 1.
Q&A 1.
Our Daughter Was Over-aged and Could Not Immigrate With the Rest
of Us - Is It Complicated for Us to Petition for Her and What Effect
if We Are Staying Mostly in Hong Kong After Getting the Green Cards.
Reader Lai asks:
My family of three is new immigrants from Hong Kong. We arrived
in Chicago in November 2008. We are now waiting for green cards.
My second daughter, who is 25 years old, could not immigrate with
us. My questions are:
1. Can I apply for my second daughter at an immigration office myself
after I receive my green card? Is the application process complicated?
2. My husband and I have house and business in Hong Kong, therefore
during this time we couldn’t stay in the U.S. for long, will
that affect my daughter’s application? My oldest daughter
studied in the U.S. 10 years ago and she was married last year in
the U.S.. Will her situation help her sister’s application?
Dear reader:
1 Even without the actual green card, you can apply for your second
daughter by enclosing a copy of your passport pages containing your
data, immigrant visa and entry stamp. An I-130 application process
for a daughter or son is usually not complex although the application
process here could be more complicated if you are asking U.S.C.I.S.
to assign your original priority date to your daughter's I-130 petition.
2 Your daughter's application for permanent residence may ultimately
depend on whether you are still maintaining your permanent resident
status. Extended absences from the U.S. and only very short periods
of time in this country could raise suspicion with a Customs and
Border Protection (CBP) inspector that you have not been maintained
your residence. The fact that the oldest daughter studied for 10
years in the U.S. and was married in the U.S. last year are factors
that an inspector or immigration judge would look in deciding whether
you have maintained residence. Your second daughter's inability
to immigrate at the present time could provide you with an excuse
for not being in the U.S. as much as you should be, but the business
reason would probably not buy you very much sympathy.
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