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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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.