World Journal Weekly Q & A - February 7, 2010

Q & A 1. 2. 3.


Q&A 1.

Friend Obtained Green Card Through Mother's Petition Without Informing That Mother Passed Away.  What is the Danger?

Chuang reader asks:

My friend holds a green card thru his mother’s application.  However, his mother passed away before his green card interview.  If someone reports him to the authority saying that he did not disclose the death of his mother at the time of interview, will his green card be revoked?

Dear reader:

Your friend has a green card which was obtained illegally as he should have informed the adjudicating officer that his mother had passed away.  If someone reports him to U.S.C.I.S., the agency would most likely take steps to revoke his green card.  In such case, your friend should seek legal advice to discuss his options.

 

Q&A 2.

Asylum Derivatives Filed I-485 Adjustment of Status Applications in June 2007 and Child Needs Green Card Now.  What to Do?

Gu reader asks:

My father received his asylum green card in 9/06.  My mother and I arrived in the U.S. as derivatives in 6/2006.  In 6/2007, we filed I-485 to Texas Service Center.  In 6/2008, USCIS transferred my mother’s care to Lincoln and my case to Los Angeles.  In 2/2009, I had an interview with CIS and submitted an I-589 and did a finger print because I was over 21 years old.  In 4/10/2009, we inquired our case status and was told our cares were transferred back to TSC and asked us to wait for 6 months.  In 9/2009, we moved and called CIS to update our new address and were told to wait.   I need a green card to transfer college.  What should we do?

Dear reader:

To inquire about your case at a Service Center, you should go through the current process which is afforded all applicants.  You should first contact the National Customer Service Center (NCSC) at 1-800-375-5283.  During your call, you should take down the name and/or ID #of the representative, date and time of the call, and any Service request referral number.  If more than 30 days have passed and the issue has not been resolved or explained, you can e-mail the Texas Service Center to check the status of your case at "tsc.ncscfollowup@dhs.gov" .  In the event that you do not receive a response within 21 days of contacting the Texas Service Center, you may e-mail U.S.C.I.S. Headquarters Office of Service Center Operations by mail at "SCOPSSCATA@dhs.gov".  You should receive a response from the e-mail address within 10 days.

Q&A 3.

What is Effect on Naturalization Application for An Asylee Green Card Card Holder Whose Mother is Very Sick in China?

Huang reader asks:

I sneaked in to the U.S. in 2000 and I won my asylum case in 2003.  I have received my green card for 4 years.  My family in China called me and told me my 80 years old mother was very sick.  I want to go home to see my mother.  But because I sneaked in, I do not have a Chinese passport.  Can I go back to China and how to go back without affecting my naturalization application later on?

Dear reader:

As you won your asylum case six years ago, have had your green card for four years, and have an emergent reason for going back to China, a trip to China will most likely not become a problem in your naturalization.  You can obtain a rerentry permit in lieu of Chinese Passport.  To do such, you must apply on Form I-131.  I assume that your trip will be short in duration.

 

Copyright © 2003-2012 Alan Lee, Esq.
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.