World Journal Weekly Q & A - July 7, 2013

Q & A 1. 2. 3.

Q&A 1.

Father Wants To Apply For 2nd Child In China Not In Household Registration.

A father asks:

I have two children born in China.  One child was able to register into my household book and the other was not able.  When I applied for my wife and eldest son to immigrate, our young son was not in our household book, therefore, I was not able to apply for him.  I want to apply for my young son now.  What should I do?  My wife and our eldest son are now in the U.S. with me.

Dear reader,

You should apply for your young son with all proof that he is your son. That would mean registering him into the household registration book if that is still possible and obtaining a notarial birth certificate for him listing you and your wife as the parents. If that cannot be done, you should obtain whatever proof that you can of your attempts to obtain a notarial birth certificate for him, and then provide statements (preferably sworn to) by relatives or friends at least 8 years older than your son (at least 18 years old) attesting to the circumstances of your son’s birth and their knowledge of the event. You would also have to then supply a sworn statement as to why your son cannot obtain a notarial birth certificate, since that is a standard document in the People’s Republic of China.

Q&A 2.

Reader Has Won Political Asylum In Asylum Office And Wonders Where Is His EAD?

Read Xing asks:

I went to Long Island Immigration for interview in 11/2012 and my political asylum application was approved by Long Island Immigration Office in December.  In the approval notice, it said that “After the Immigration issued the political asylum approval notice within 7 to 10 days, you will receive your EAD in your mail.  If you have not received your EAD within 30 days, please contact your local political asylum office.”  As of today, I have waited for over 5 months and I still have not received my EAD (A5 card).  During these period, I tried very hard to find where the Flushing’s political asylum office was, but in no vain.  I live in Flushing.  Where is the local political asylum office in Flushing so that I can obtain my EAD A5 card?

Dear reader,

Somehow in your case, it appears that there was a breakdown in the U.S.C.I.S. process. Normally where the agency grants political asylum in the local asylum office instead of the immigration court, it will also take steps to process your A – 5 employment authorization document (EAD). As you have not received your EAD after 5 months, and you are instructed to contact your local political asylum office, you should go back to the office that interviewed you for asylum and explain your situation to an officer over there. You may live in Flushing, Queens, but your local political asylum office is the one in Rosedale, Long Island.

Q&A 3.

Couple Who Won Withholding Of Removal In Court Asks Where They Can Obtain A-10 Cards.

A couple asks:

The immigration prosecutor only agreed to give my wife and me A10 cards.  Therefore, we could only obtain A10 cards.  Could you please tell me how to apply for A10 card?  What kind of form do I need?  Is there a fee to apply?  Where do I have to mail the form?  I now live in New York.  However, if I do not live in New York, where should I send the form?

Dear reader,

Having won in the immigration court (A – 10 withholding only being granted in the immigration court), you can send in an application without fee (I – 765 application for employment authorization) to the National Benefits Center of U.S.C.I.S. at the following address:

U.S. Postal Service:
U.S.C.I.S.
PO Box 805887
Chicago, IL 60680 – 4120
Express mail and courier deliveries:
U.S.C.I.S.
Attention: FBAS
131 S. Dearborn – 3rd floor.

Copyright © 2003-2013 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.