World Journal Weekly Q & A - July 25, 2010

Q & A 1. 2. 3.

Q&A 1.

Reader Asks if He Must File for Extension of Green Card Since He Has Filed for U.S. Citizenship

Wang reader asks:

I am 76 years old.  I filed the naturalization application under the exemption from the English language requirement on 5/27/2010.  My questions are:
1.  My green card approval date was 10/13/2000 and would be expired on 1/19/2011.  Based on my naturalization filing date, do you think I will be interviewed within my green card’s valid period?
2. When should I apply my green card extension so that my permanent resident status would be continued and valid?
3.  Can I file my green card extension application after my exempted naturalization application was denied and my green card has expired?

Dear reader:

1.  You should certainly be interviewed within your green card's validity date as most naturalization applicants across the United States are interviewed within six months of filing the application. 

2.  Since you filed for naturalization and your green card will expire six months or more after the filing date of your application, you are not obligated to apply for a green card extension at this time. 

3.  You can file for a green card extension if your exempted naturalization application is denied and your green card has expired.  You have complied with the law's requirements of having a green card valid at least six months after the filing date of your naturalization.  The law presumes that U.S.C.I.S. should adjudicate your application within the six months, and you will have no adverse consequences even if your green card expires during the consideration of your application.

Q&A 2.

F-2B Case for Son Was Stopped Automatically by Law Because of His Marriage  - Does Parent Have to Notify the Agency? How to Add His Wife and Daughter on His F-4 Case At This Time?

Chen reader asks:

I filed my then unmarried son to immigrate (F2B) in 5/2003 when I was green card holder.  However, my son got married in 2005 and I became citizen in 2/2009.  Now, I received notice that the F2B application’s priority date was current.  My daughter filed F4 papers for my son in 3/2001 and that application is almost current.  My questions are:

1. Do I have to write a letter to either NVC or U.S. Naturalization Center to cancel my son’s F2B application because he is married?
2. When my daughter filed F4 for my son, he was single.  Now my son has a wife and a daughter.  What, when and where should we do to add my daughter-in-law and granddaughter?  Is there a form to add their names?

Dear reader:

1.  While you do not have to write a letter to either NVC or U.S.C.I.S., it is always better to do so to avoid confusion.  If you do nothing, the F-2B case will eventually expire as no further action will be taken on it if you do nothing further. 

2.  I assume that your daughter's F-4 petition for your son in March 2001 has already been approved by U.S.C.I.S. In that event, his petition file should be at the National Visa Center (NVC).  There is no form to add your son's wife and daughter onto his case -- such can be accomplished by a letter to NVC stating the circumstances and enclosing documentation of your son's marriage and the birth documentation of both his wife and daughter. 

Q&A 3.

How to Have the Children Come Back to the U.S. 10 Years From Now If They Give Up Their U.S. Citizenships Now to Reside With Parents in China?

Zhou reader asks:

My husband and I have no legal status in the U.S. but we have two U.S. born children.  They are 1 and 5 years old.  We now want to go back to China.  If so, our children will go to school in China and join in our Chinese household book.  But China does not recognize dual citizenship, therefore, they must give up their U.S. citizenship.  They would still have their U.S. birth papers.  Ten years from now, can they come back to U.S. using their U.S. birth papers?  If they do not give up U.S. citizenship, can they just come back?  Do they need to go to U.S. consulate in China every year to apply for visa?  If they leave U.S. over 10 years, will U.S. automatically revoke their citizenship status?  I heard there were visas for 8 or 10 years period.  Can my children qualify for these types?  Ten years later, if my children come back for schooling, can I come with them to take care of them?  Do they need financial sponsor?

Dear reader:

Voluntary renunciation of U.S. citizenship would be done before a U.S. diplomatic or consular official overseas.  However, the renunciation of U.S. citizenship by a child would not be deemed effective if the child within six months of attaining the age of 18 years asserts his/her claim to U.S. nationality.  Your children would not be able to come back to the U.S. 10 years from now using just their U.S. birth papers as those are not travel documents.  They would need to apply for U.S. passports.  If your children do not make a formal renunciation of U.S. citizenship through you, the passage of time will not lead to an automatic revocation of their citizenship statuses.  I am not aware of the rumor of an 8 and 10 year visa and so cannot comment on your statement.  If your children come back from schooling 10 years later, you would not be allowed to come back just to take care of them because they are back in the States.  There is no U.S. visa status allowing such a condition.  If your children assert their rights to U.S. citizenship and obtain U.S. passports, they do not require financial sponsors to come back to the States.  At the ages of 15 and 11 (10 years later), they should also not have a problem being allowed to travel as unaccompanied minors by the transportation carrier.

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.