World Journal Weekly Q & A - December 22, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
Elderly Person Wants to Bring Over a Nurse on Nonimmigrant Visa or Immigrant Visa to Take Care of Him – Possibilities?
I have been bedridden for about a year, but in no danger of passing away soon. My daughter is working too hard to take care of me although she visits me a few times a week. Visiting home care is too expensive. I would like to sponsor a nurse for a temporary visa or green card to take care of me. I can pay $250 a week and the person would stay in my house with free room and board. She would have to be available at all times to deal with my medical needs when they come up. How can I start the process?
Dear reader,
Because of the rapid movement of the visa chart in the employment based categories affecting persons who might wish to be home attendants, governesses, babysitters, and other lower skilled occupations, there is now great hope that you may be able to sponsor someone to take care of you within a reasonable period of time. Currently the visa chart for January 2014 shows that immigrant visas are being given for people who applied in these occupations before April 1, 2012, for all countries in the world except for natives of India and the Philippines. That is a waiting time at present of less than 2 years! In the past, we would not have recommended immigration in this category as the waiting time was approximately 10 years. So I would suggest to you that you may wish to immediately consider locating someone to sponsor who is either legal in this country, has an exemption under section 245(i) which would allow him or her to adjust status even though illegal, or is overseas. While there is a good possibility that this situation of less than 2 years for an entire case will not last forever, it may be safe to say that visa availability will not back up as long as it has in the past. So good luck to you in locating and sponsoring someone to take care of you in your old age! (I do note from past cases that you would have to pay the prevailing wage as determined by the Department of Labor for the position, room and board is not seen as part of the pay package, and the worker is entitled to time off during the day and at least one and half days out from your residence every week).
Q&A 2.
Reader who Renounced U. S. Citizenship and Committed a Felony in Canada Asks How He Can Reenter U. S. Temporarily.
A Canada reader asks:
I gave up my U. S. citizenship when I went to Canada 7 years ago. Since then, I committed a burglary for which I served 2 years. I now want to come back to visit my parents in California. How can I do it?
Dear reader:
Once an individual has renounced U.S. citizenship, he/she is in the position of any other applicant who applies for a visa to the States. As a person with a felony conviction who wishes to visit family members in the States, you could apply for a temporary waiver of inadmissibility on Form I-192 Application for Advance Permission to Enter as a Non- Immigrant in which the factors to decide whether to grant the entry waiver include the nature and date of the offense, possible rehabilitation, and the necessity for or urgency of your proposed visit to the United States. Casual visits to see family members might not be sufficient reason for DHS to grant the application, but such decision is within the discretion of the agency.
Q&A 3.
Parents’ USC Child Soon Turning 21 and Parents Wish to Know the Procedure for Sponsorship, Especially Where the Son is a Student and Has Very Little Income for Support.
Peter asks:
My child was born in New York, holds a U.S passport. He now attends college in New York. He will turn 21 next year April. He wants to apply for green card for us. We both are Canadian citizen. My wife holds TN visa and has been working legally in New York and filed income tax returns for over 5 years. My questions are:
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Must my child wait until 21 before put in the petitions for us?
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What kind of forms he needs to fill out?
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Can my wife’s legal income in the U.S. for the past 5 years sponsor both of us? My child is a student, therefore, has very little income.
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Will my wife’s immigration petition affect her TN visa?
Dear reader:
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Your child must wait until 21 before he can file a petition on your behalf.
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He needs to fill out I-130 petition for alien relative forms for both you and your wife.
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As your wife’s income is legally earned in the States, it can be used for the support of both of you. Your son would still have to execute an affidavit of support, but you should be able to list your wife’s income on the support papers.
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TN status is only for those who have no immigrant intent. If you are both in the country, you would probably be best advised to file for adjustment of status through form I-485 adjustment of status to permanent residence. You should then only leave the U. S. if you receive advance parole (applied for through form I-131 application for travel document) by U.S.C.I.S.
Q&A 4.
Asylee Wants to Marry Girlfriend and Give Her Follow to Join Asylum Privileges.
I had no legal status until I was just granted asylum by the immigration court last month. My girlfriend also has no legal status and we have been together for the past 2 years. We did not marry before because we each thought that we could increase our chances of getting the green card if we were single. But now that I have status, I hear that I can marry and have my girlfriend follow to join my asylum. Do I need a lawyer to do this? If not, what documents do I have to supply in support of the I-730 petition?
Dear reader,
Follow to join asylum privileges are only accorded spouses where the marital relationship was established prior to the applicant's gaining political asylum. In your case, marrying your girlfriend would not give her derivative asylum status; neither would she be allowed to file Form I-485 adjustment of status application when you are eligible to file. You would have to wait at minimum until the time that you obtain your permanent residence. Then you would be entitled to file Form I-130 Petition for Alien Relative for your wife. Current visa availability for the F-2A category of permanent residents petitioning for their spouses is backlogged to September 8, 2013, only about 3 months. The difficulty will arise, however, as to how she will be able to adjust status to permanent residence in the U. S. since she is here illegally. Under the law, spouses, parents, and children of U. S. citizens are allowed to adjust status if illegal as long as they were inspected or paroled into the U. S. That privilege is not allowed for spouses of permanent residents. Others allowed to adjust status while illegal would be those who qualify for section 245(i) relief if they are otherwise qualified, pay a $1000 fine, had an immigrant visa petition or labor certification application filed on their behalf by April 1, 2001, and were physically present in the country on December 21, 2000.
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