Published on Lawyers.com and the Epoch Times on November 7, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


Should I Re-file I-130?


I had filled two i130 forms for both of my parents. One of them is approved while the other is denied because I accidentally sent the wrong document than they asked for. My question is that my parents are not coming here by them self. They will only come if they both can come at the same time. So Ii was wondering if I fill out another i130 for one of my parent that got denied, it will take about 6-7 months to be approved. So I was thinking that since my mother's i130 is approved, and is being sent to NVC, is it possible to not fill out i134 until my father's i130 gets approved and gets to the same level as my mothers'. So basically is it possible to wait until my father's i130 gets approved and then send NVC forms for both of them at the same time, therefore, they can come together?

Mr. Lee answers:

You should be able to adjust the timing to allow both your father and mother to immigrate at the same time. It is possible at the NVC stage to hold your father’s case until your mother’s I-130 petition is approved. Kindly note that the financial support form that you will be filling out is not form I-134, but the I-864. 


Q&A 2.

Can I Work Overseas While Having a Green Card Without Losing it?

I'm in the process of having a Green Card (through marriage), we have the interview next week. Yesterday, I got a very interesting job offer to go working in New Zealand for 3 years. The plan would be to come back in the US at the end of the contract. I have several questions: Can I do that once I have the green card without losing it? I read that I could potentially work overseas for two years but I would need to come back. Is that true? Any answer would help. I just do not want to accept this job if there is any risk for me to lose my green card.

Mr. Lee answers:

There is a good chance that you may have difficulty if you go through with your plan. A permanent resident is supposed to remain in the U. S. for at least half of the time. You may be able to obtain a reentry permit to allow you to remain outside the U. S. for up to but not including 2 years, but a reentry permit is not a guarantee of reentry to the country. In addition, since you are obtaining your green card through marriage, U.S.C.I.S. would expect you to maintain a household with your spouse. Are you planning to have your husband accompany you to New Zealand for the 3 years? If not, there may be suspicion that you do not have a bona fide marriage. 



Q&A 3.

Can My Wife Apply for A Green Card?

I am a U.S. citizen who married an illegal immigrant in the U.S. when she was 17, she was caught twice trying to cross the border. Can I file a petition for her for a green card w/o running the risk of her being deported?

Mr. Lee answers:

Your wife may have a problem if you file for her permanent residence because of her problems in being caught twice trying to cross the border. If Customs and Border Protection (CBP) caught her, fingerprinted her and gave her an order of summary removal the first time, she would be a recidivist in sneaking back across the border the 2nd time and be permanently removable from the country. In that circumstance, a waiver can only be applied for 10 years after she leaves the country. You may certainly want to have your wife go over all details of her encounters with CBP before you take any steps to sponsor her green card. 


Q&A 4.

I Am Not A U.S. Resident Nor a Citizen, Can I Financially Sponsor My Parents in Their Visa Applications?

Can my parents put me as their primary financial sponsor to their medical visit to the US, I will provide them with a letter bearing all the travel cost and my bank statement ..etc, or sponsoring a visa is only limited to green card holders ?

Mr. Lee answers:

If you are holding a working visa to the U. S., you would be able to financially sponsor your parents’ medical visit to the country. However, if you are not legal or you are on a nonworking visa, you would not be able to guarantee support. 


 

 

Copyright © 2003-2017 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.

 
   
 

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