Published on Lawyers.com and the Epoch Times on December 12, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Overstay Visa

If someone overstayed their visa by a few years, and then returnd to Argentina last year, will the US allow them to apply for a visa to return now.

Mr. Lee answers:

The U. S. would not allow such an individual to return to the U. S. under a visa at this time. Under the law, those who overstay their visas statuses by one year or more are barred from returning to the U. S. for 10 years. There is a possibility of an individual being refused for a visa, requesting a waiver of the 10 year bar, and if granted, being given the visa to come to the States. In considering a waiver for a nonimmigrant visa, factors that are usually seen as relevant are the reasons for coming to the U. S., the recency and seriousness of the offense, and the positive or negative effect of the planned travel on U. S. public interests. The consulate or embassy would have to recommend the waiver, and such would have to be agreed to by the Admissibility Review Office of Customs and Border Protection in the U. S.

Q&A 2.

Green Card Through a Permanent Resident Parent

Parents are about to become permanent residents, child is a minor, 16 yrs old. How long does it take for the parent to give legal status to the son who's a minor?

Mr. Lee answers:

If the parents received permanent residence through a means other than sponsorship through a U. S. citizen son or daughter, they could do a follow to join application for the 16-year-old child, and that processing would take approximately 6 months to one year. If they were sponsored through their U. S. citizen son or daughter, the processing would take approximately 2 years in our estimation. Such petition would fall within the F-2A category which for the month of December 2014 is processing for final immigration those individuals who put in petitions before 3/22/13. 

Q&A 3.

Can I Travel Abroad and Reenter in USA After Two Months With a I-551 Stamp in a Foreign Passport?

I have couple of days that I arrived in USA with an immigrant visa. In my foreign passport I have a stamp I-551, on it is written: Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year. Also I have another stamp that Immigration officer put in my passport when I have enter in POE in USA. In this stamp is written: admitted 04 may 2014 and also is written: Class DV1 and my Alien number. I do not have any other document neither license drive nor account bank etc all that I have is just this passport. I have not received yet my plastic green card because is too early and I want leave after two days because I have to sale my real estate in my country to get my wife and to be back in USA permanently.

Mr. Lee answers:

The I-551 stamp in your passport is good for one year and allows for travel in and out of the U. S. during that time. You can use that for travel during the time that you are waiting for your permanent residence card. 

Q&A 4.

Child Born Abroad to a US Citizen

I became US citizen in 2009. I got married in Bangladesh in 2010 and my daughter was born in Bangladesh in 2011. My daughter just came to USA as a permanent resident. Do I need to file N700 for my daughter to become US citizen and get a US passport?

Mr. Lee answers:

Under the Child Citizenship Act, your daughter became a U. S. citizen when she came to the U. S. as a permanent resident. You have choices of either filing for her U. S. passport with the U. S. Department of State or requesting a certificate of citizenship from U.S.C.I.S. through the filing of form N-600. 

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.