Published on the World Journal Weekly on February 1, 2015
Q & A 1. 2.
Q&A 1.
How Naturalization Can Actually Slow Up Your Child’s Immigration?
Mr. Sun asks:
My wife and I immigrated here in 8/2011 through our U.S. citizen son’s application. My son also applied for my daughter who is over 21 years old but unmarried under F-4. In 10/2013, I, as a green card holder, filed papers for my unmarried adult daughter. Please let me know how long my daughter has to wait for both categories.
If I passed the naturalization test in 2016, should I file papers again for my daughter and how long she has to wait under this category?
Is my son’s application for my daughter’s immigrant case still valid at this time?
Dear reader:
At present for the month of January 2015, applicants whose parents filed for them under the F-2B category as unmarried sons and daughters of permanent residents by 4/1/2008, are being processed for final immigration. Siblings of U.S. citizens are being processed whose petitions were filed by 3/22/2002. Although it is not an exact science, your daughter probably has to wait 3-5 years under your petition and 7-10 years under your son’s. Before you apply for naturalization, you should look at the visa chart to see whether shuch a step is advisable if your chief concern is having your daughter come over as quickly as possible. Currently the category under which you are sponsoring, F-2B, is more advanced than the F-1 category that you would be entering if you became a U.S. citizen. Of course, availability dates can change, so that Is a reason that you should look at the monthly visa bulletin of the State Department. (you are welcome to look at the visa bulletin which is on our website at www.alanleelaw.com. If the waiting time is more favorable under the F-1 category when you are eligible to become a U.S. citizen, you do not have to refile for your daughter. You can request an upgrade on her petition from F-2B to F-1 by letter to the agency which is holding the petition –either USCIS if the petition is not yet been approved or the National Visa Center if it has been. In answer to your last questions, your son’s application for your daughter is still valid at this time.
Q&A 2.
Applying for Visiting Visas and What Happens If You Get It or Are Refused
A mother asks:
I applied for my son to immigrate in 8/2011 when I received my U.S. citizenship. My questions are:
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Can my son come to visit during the pending period?
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I have high blood pressure with a doctor proof and I have not seen my son since 2006, will his visiting visa be approved? If it is approved, can he stay in the U.S. and adjust in the U.S.?
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If his visiting visa is not approved, will it affect his immigrant case?
Dear reader,
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Whether your son can come visit as a nonimmigrant during the pending period depends upon his convincing the American consular officer that his visit to the U. S. will only be temporary.
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Having high blood pressure and that you have not seen your son since 2006 are not the only things that a consular officer will be looking at. Other items will be the ties and bonds that he has with the home country including evidence of family members still there, employment, savings, schooling level, etc. Even if a visiting visa is approved, and he is able to come to the U. S., eligibility for adjustment of status in large part depends upon whether he is able to maintain legal nonimmigrant status during the waiting period. If you have applied for him under the F-1 (single son/daughter over the age of 21 of LPR) or F-3 category (married son/daughter of a U. S. citizen), those categories are presently backlogged 7 and 11 years respectively. During those years, he is not allowed to stay just because you have filed a petition on his behalf.
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As long as your son does not make any misrepresentations in the visiting visa application process, a denial would not affect his immigrant case.
Q&A 3
The Correlation Between 15 years Naturalization and Physical Presence Requirement.
A loyal reader asks:
I am 64 years old and have a green card since 2006. I usually go to China to visit my parents for 1 month. However, in 6/2013 I went back for 1 month and in 12/2013, I went back again because my father passed away. I stayed for about 45 days. In 4/2014, I went back again because my mother fell and broke her bones. I stayed for less than 3 months. I plan to take a naturalization test in 7/2021 using my native language after I have been a green card holder for 15 years. I worry if my mother has another accident and I must go back home again. Will it affect my naturalization using my native language if I go in and out the U.S. often? How often or how long can I leave the U.S. each trip in order for me to keep my green card status?
Dear reader,
U. S. law only requires that you be a green card holder for 15 years. The physical residence requirement pertains to the last 5 years prior to filing for naturalization. During that time, you should be in the U. S. at least half of the time with no absence for one year or more on any one trip. Trips that exceed 6 months or more may break the period of time for naturalization although U.S.C.I.S. will consider the reason for the lengthy trip. In your case, you do not appear to be in danger of violating the physical presence requirement in view of your present absences if they will be your pattern in the future. They appear fairly small at this time.
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