Published on the World Journal Weekly on June 28, 2015
Q&A 1.
How Can I Stay in the U. S. to be with My Daughter As She is Going to School?
Shi reader asks:
My wife and I are Chinese citizens. Jan. of this year, we applied B2 visas and where approved for one year of multiple entries. Our daughter was born 3/2000 in San Francisco and the same year my wife brought her back to China. February of this year, I brought my daughter into U.S. for schooling and I was given until 10/1/2015. My daughter is now attending middle school in Sacramento. Since she is still young, can I stay to take care of her? How do I apply for visa extension?
Mr. Lee answers:
There is no visa extension for you B-2 visas that would allow you to stay in the U. S. during the time that your daughter will be studying as it appears that her study plan is long-term. Perhaps you could consider whether you yourself are interested in U. S. schooling. If so, you could possibly change your status to F-1 student and remain in the country on a long-term basis. You may also consider whether there are other avenues open to you. You may wish to consult with an immigration lawyer to go through any other options.
Q&A 2.
Can Dad’s I-864 Affidavit of Support be Good to Support Mom Where He Has Low Income?
A reader asks:
My father is currently sponsoring my mother for permanent residence, but has low income. He was the victim of a car accident, and is currently getting SSI and food stamps. My mom will be interviewed at the American consulate in the next few months. Is there a possibility that my mother will be approved despite that my father does not meet the requirements for being a sponsor?
Mr. Lee answers:
If your mother has liquid assets in the range of $100,000, she might be able to essentially support herself as your father could mention those assets in the I-864 affidavit of support. Lacking such, your father should find a cosponsor to support your mother. Consular officers look at statutes and regulations and are not supposed to use sympathy in order to adjudicate immigrant visa applications where eligibility is not met.
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