World Journal Weekly Q & A - October 25, 2009
Q & A 1. 2. 3.
4.
Q&A 1.
After Student Visa Has Expired for Five Years, Can My Friend Get Another Student Visa, Apply for Work Card, Adjust Status After Marriage or What Is the Best That She Can Do?
Keri Reader:
My friend came and studied college in the U.S. with student visa. After she graduated, she didn’t go back to China, and her student visa had expired for 5 years.
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Can she get another student visa and study now?
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Without status, can she apply for work card to work?
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She has a U.S. born boyfriend, if they get married now, can she adjust status immediately? Does she need to leave the U.S and apply?
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What is the best way to stay in the U.S.?
Dear reader:
1 She will not be allowed to obtain another student visa and study now. Such would not be allowed for an individual whose student visa has expired for a period of time.
2 In order for her to apply for the work card, she will need to have some basis which is recognizable by U.S.C.I.S. An employment authorization card is usually incident to some other application.
3 Your friend can adjust status in the U.S. if she is in a bonafide marriage with a U.S. citizen since she entered the U.S. legally. She would not have to leave the U.S. in order to apply. Her interview would be conducted in the States.
4 Probably her option of a bonafide marriage to a U.S. citizen is best.
Q&A 2.
What Are the Rules for 3-Year Naturalization Through Marriage to a U.S. Citizen When We Want to Divorce and How Long Will the Process Take?
Helpless Reader:
I married a U.S. citizen and came to the U.S. in January 2007, and have no children. There is no domestic abuse involved in this marriage, but both parties are unhappy. In July 2009, I smoothly got the permanent green card from conditional green card (without interview). Due to incompatible habits, I wanted a divorce. However, my parents hoped that I could hold on to it for few more months (I can apply for naturalization at the end of 2009). So that when I become a citizen, I can apply for them to come to the U.S. to be united with me. I want to ask:
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From filing naturalization to getting the U.S. passport, how long does it take?
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Can I file divorce immediately after I submit the application and still qualify the three-year filing rule?
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Which State’s naturalization processing is the fastest? Can I do E-filing application?
Dear reader:
1 U.S.C.I.S. has nothing to do with U.S. passports. The agency merely issues certificates of naturalization. The average time for naturalization interview across the country now is approximately 5 months. With a naturalization certificate, you can apply at a passport agency, courthouse, or post office for a U.S. passport. The length of time to obtain a U.S. passport depends upon the time of year (more time is required during holiday seasons and the summer since so many people are applying during those periods).
2 There appears to be some conflict as to how long you and your husband must be living together in order to qualify for the three-year filing rule. U.S.C.I.S. usually insists that the parties be living together until the time of the naturalization examination. Thus filing for divorce immediately after submitting the application would not be a good idea. In addition, the law is clear that you must still be married at the time you receive your naturalization.
3 You are confined to filing a naturalization application to the state of which you are a resident. For your information, it appears that Charleston SC, Charlotte Amalie VI, Charlotte NC, Greer SC, Hialeah FL, Jacksonville FL, Kendall FL, Miami FL, Oakland Park FL, Raleigh NC, San Juan PR, and Tampa FL have the fastest naturalization processing at less than 5 months according to U.S.C.I.S. statistics. E-filing is not extended to naturalization applications.
Q&A 3.
How Can My Husband be Included in My Asylum Claim When I Am Here, He is in China, and We Never Registered the Marriage?
Amy Reader:
I came here in 2007 with B1 visa. Soon after I arrived to the U.S., I found out I was pregnant. Therefore I applied a religious asylum case to adjust status (currently my case is in court). My child was born here and now almost two years old. My child’s father and I have been in love, but before I came to the U.S, we didn’t obtain a marriage license. However, both of our parents and relatives have approved our marriage, my child’s father often send us money. My child asks for father every day. I want to know can my fiancé apply for travel visa to visit his child. Or is there any other way? Once my asylum case is approved, can I apply for him? I filled in his name in my application, and it’s based on religion that because of my religious belief I was monitored by the police and could not obtain a marriage license. During the supervised/monitored period, I got pregnant without marriage. I worried I would be forced for an abortion, I fled to the U.S. for asylum. In addition, if my child goes back to China for a long period of time, what kind of papers does my child need and how to do it?
Dear reader:
1 If you did not register your marriage, you will not be able to apply for your child's father if your asylum case is approved unless you are able to meet and marry prior to your case being approved. The U.S. does not give credit for proxy marriages in which the parties are not united in each other's presence. Your fiance's being able to come to the U.S. in any capacity might solve your problem. If that cannot be done and if it is possible, (you should certainly check with your attorney), you could meet in a third country and marry prior to your grant of asylum.
2 As your child is born in the U.S., he is a U.S. citizen. He would normally be treated as a U.S. citizen unless the government of China also recognizes him as a Chinese citizen. If you wish your child to go back to China for a long period of time, you would have to work that out with the Chinese government.
Q&A 4.
What Can I Do When I Got My Adjustment of Status Through Marriage Without Interview Last Year and My Children With K-2 Statuses Still Have Not Been Approved? Can They Travel?
Lee Reader:
I came to the U.S. with my two children (7 and 10 years old) in July 2007 with K1 and K2 visas. At the same month, I registered my marriage with the U.S. Citizen. In August, my husband filed I-485 for me and my children to change status. We already did finger prints. In March 2008, we were informed our three applications were transferred to California. In July 2008, I received notice requesting for further evidence, including no criminal records both in my native place and in New York, bank statements, credit card statements, address proof, daily expense proof. In October the same year, I received a two-year conditional green card, without having an interview.
As of today, my two children still have not received the conditional green cards. I checked their cases online and said pending, but it has exceeded the immigration processing time. Therefore, I called the immigration toll free number to inquire in March, June and July of this year. They told me they didn’t know the reasons but would send out service requests and give me a copy. But I did not receive any response. In July, I did an infopass and was told I would receive a notice within a few days. As of today, I still haven’t received any notice.
What should I do? Do they have to wait until I receive my 10 years green card before getting any papers, due to their K-2 status?
We want to visit family in Hong Kong, if they apply for I-131s, will that affect their I-485 applications?
Dear reader:
Although it is not that common that U.S.C.I.S. will approve a marriage based adjustment of status application (I-485) without an interview, we have seen the agency approve I-485s where the applicants entered the U.S. under K-1 status and later applied for adjustment of status. If your husband filed for your children at the same time, they should also have been approved. U.S.C.I.S. has a new way of following up on cases which involves a three step process with the National Customer Service Center (NCSC), the corresponding regional Service Center, and Service Center Operations in its headquarters. The first step is contacting the NCSC at 1-800-375-5283 and attempting to obtain resolution there. You should have available your receipt number, alien registration number, type of application filed, and date filed. You should obtain the name and/or identification number of the representative; note the time and date of the call; and take down any Service request referral number, if a service referral on your cases is taken. If more than 30 days have passed since you contacted the NCSC and the issue has not been resolved or explained, you can e-mail the proper U.S.C.I.S. Regional Service Center to check the status of the cases. The e-mail addresses of the service centers are as follows:
California Service Center: csc-ncsc-followup@dhs.gov
Vermont Service Center: vsc.ncscfollowup@dhs.gov
Nebraska Service Center: ncscfollowup.nsc@dhs.gov
Texas Service Center: tsc.ncscfollowup@dhs.gov
When contacting the Service Centers by e-mail, you will need to provide the information that you provided to the NCSC. If the NCSC did not issue a Service request after your call, you should indicate the reason that the representative did not issue the request. If you do not receive a response within 21 days of contacting the appropriate service center, you can e-mail the U.S.C.I.S. Headquarters Office of Service Center Operations by e-mail at SCOPSSCATA@dhs.gov. You should receive a response from the e-mail address within 10 days.
If your children apply for advance paroles on form I-131, that should not affect their I-485 applications.
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