World Journal Weekly Q & A - July 19, 2009Third Preference Employment Based Case with Approved I-140 Petition and Priority Date in October 2005 Has not Heard Since August 2007. What to do or to Worry About Concerning Time and Background Checks?Zhao reader asks: I own a Chinese restaurant in Indiana and filed an employment base of immigrant visa for a cook and his family in China in 10/2005. This case’s I-140 was approved in 1/2007. In 8/2007, this cook received NVC’s notice and filled out the form of 230, paid visa fee. But as of now, we have not received any other notices. Is this normal? How long do we have to wait for the next notice? When and who does the “background check”? Does the background check conduct before the case arrives to Guangzhou or after? Do you believe this cook’s background check is still pending, has not yet started or already completed? Dear reader: The National Visa Center many times inappropriately sends out fee bills and even requests for biographic information (DS-230 forms) in immigrant visa cases. Your cook's EB-3 case is an example as it is nowhere close to current for visa availability. Until October 2009, the category is predicted by the Department of State to be completely closed for visa issuance as unavailable. Even before the category became unavailable in May 2009, the EB-3 category was only available to those who filed for their immigration prior to March 1, 2003. You will probably not receive any further word from the National Visa Center until the priority date of October 2005 is very close to being current. Insofar as immigrant background checks are concerned, part of them are performed by the National Visa Center and the other parts are performed at the consulate. Inasmuch as the case will be at the National Visa Center for quite some time, an NCIC criminal background check will be run in a more appropriate time frame before the case is forwarded to the consulate.
Reader Heard that Asylee Who Returned to China Had Green Card Taken Away at Naturalization Interview and Wants to File for Naturalization Although He Extended Passport and Traveled to China Two Times.A loyal reader asks: I have recently heard that an asylee who had records of returning back to China, during his naturalization interview the immigration examiner confiscated his green card. Have you heard of it? Is it true? I went back to China once in 7/2006 and in 2004, I extended my expired Chinese passport. October of this year, I would be qualified for naturalization. What should I do now? What should I answer if I was asked about that trip back to China during my naturalization interview?
Where asylees from China have returned to China, and are applying for permanent residence or naturalization, the main point of inquiry should be when was the return, for what reason, and how long the individual remained in China. If the return was during the pendency of or shortly after obtaining asylum or the green card, there would be more cause for concern by U.S.C.I.S. that the asylum application was not bonafide or that there was no more fear of of return. Of course, emergency reasons and brevity of stay would work in the asylee's favor. Extending an expired Chinese passport raises the same concerns as a trip back to China as the act shows U.S.C.I.S. that the individual intends to come back under the protection of China's government. The same questions of when the passport was extended, for what reason, and the length of stay in China may have much to do with the individual's ultimate treatment by U.S.C.I.S.. I suggest that you may wish to consult with an experienced immigration lawyer prior to filing for naturalization benefits.
Reader Has Bad Credit and Wonders When and Whether He Can Do the Affidavit of Support for His Parents in This Consular Immigration Case.A bad credit reader asks: I became a U.S. citizen in 12/08. I filed immigrant papers for my parents in 1/09 and received the approval notices from USCIS. The approval notices were issued from CSC and said my parents’ cases have been sent to NVC. When can they receive their immigrant visa? When should I do the sponsor papers? Can a person who has bad credit be a sponsor? Dear reader The period of time before your parents are interviewed for permanent residence at a consular post depends upon which country the parents are immigrating from. Consular posts in different countries have differing time lines for interview because of their backlogs. Generally speaking, parents can be scheduled for an interview within three months to one year from the date that their papers enter the National Visa Center provided that all paperwork is returned on a timely basis. The NVC sends out requests for documents in parent cases as soon as it receives payment of fees to the Department of State. From our experience, faster processing of such documents as your provision of an affidavit of support is done where the fees are paid electronically. In the event that your financial support is not sufficient, you can present a credible affidavit of support from a joint sponsor. An individual with bad credit history is not precluded from establishing ability to support so long as he/she has adequate income and assets. Determinations on the efficacy and credibility of affidavits of support are made by the U.S. consulate officers at the time of interview.
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Copyright © 2003-2012 Alan Lee,
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