World Journal Weekly Q & A - February 20, 2011

Q & A 1. 2. 3.

Q&A 1.

Green Card Has No Expiration Date. Is It Still Valid?

A green card holder asks:

My green card from 1989 has no expiration date. Is it still valid?

Dear reader:

The green card that you received in 1989 without an expiration date remains valid today.  U.S.C.I.S. put up a notice of proposed rulemaking in August 2007 to force the replacement of cards issued between 1979 and 1989 without expiration dates.  However, there was no final rule making, and so the cards remain valid.  The last mention of the rulemaking as far as we can see came in the DHS semiannual regulatory agenda of May 2009 in which it was labeled an item for long term action.

Q&A 2.

I Am U.S. Citizen with a Boyfriend in China. What Are Our Options?

A U.S. citizen asks:

I have a boyfriend in China that I want to apply to come to the United States.  We've known each other for about six months through the Internet and telephone.  I plan to go back to China for the first time next month.  We're serious about each other and I just want to know whether he should come over on the visiting visas, fiancé visa, or if I should directly sponsor him for the green card after marrying in China. 

Dear reader:

If your boyfriend has no plans to immigrate and just wants to visit the States, he can apply for a visitor's visa.  In such way, he can also see whether he would like living in this country eventually.  If you become engaged, the options appear to be fiance visa, marrying and applying for an immigrant visa, or solidifying your relationship through perhaps even taking another visit to China after this one before settling on one of the first two options.  The third option is one that you should consider seriously since the American consulate in China appears to believe that many immigration cases based on marriage are fraudulent and that there should be much indicia of a bonafide relationship before a visa is issued.  That applies whether your boyfriend will ultimately apply for a fiance or immigrant visa. 

Q&A 3.

As F-1 Student with Much Working Experience, Please Evaluate My Options for Immigration Through Work.

A F-1 student asks:

I came six months ago from India and transferred to F-1 student status.  I am now looking for something more permanent to stay here in the States.  My background is two years of college and 10 years as a supervisor in a tile making factory.  I had an argument with my ex-boss and cannot expect any help from him.  I have no relatives here and my wife and children are back home.  I also do not have much money or any political problems with my home government. 

Dear reader:

Given your situation, you are probably better served to obtain a bachelor's degree in the U.S. and perhaps begin the road to immigration based upon the degree.  Without being able to verify your working experience with your former employer, you would not appear to be a good candidate for labor certification processing as a supervisor or related occupation.  If you do manage to patch up your differences with your ex-boss and he verifies your prior experience, you may be able to file an employment based immigration case if you find a suitable employer.  However, such a case would be under the third employment preference which is presently backlogged almost nine years for persons born in India. 

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.