Published on Lawyers.com and the Epoch Times on November 27, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Keep His Wife Here in US While Her Case for Green Card is Being Processed?

My sister, living overseas, might get married to a guy whose status is of permanent resident (green card). According to our info it takes 2 to 3 yrs for her case to be processed and join him here legally when he files for her to join him as a spouse. Are there any options that she could join him and stay with him while her case is being processed?

Mr. Lee answers:

If your sister has a legitimate nonimmigrant purpose for coming to the US, she might be able to ask for and receive a nonimmigrant visa which would allow her to stay during the time that she is married and has to wait for her priority date to clear under the F-2A category. Visas that readily come to mind are F-1 student and H-1B specialized worker. 

Q&A 2.

Immigration Question

I have a student visa and I got married with a permanent resident. After that she filled out the I-130 form we received form I-797C, notice of action receipt. So after 5 months we received I-797, notice of action approval notice. And it says on it I'm not eligible and because of that they have sent the approved to national visa center. So I'm wondering if it's a normal situation or not?

Mr. Lee answers:

U.S.C.I.S. unfortunately has a history of mishandling I-130 approvals occasionally and not obeying the wishes of the petitioner – in some instances housing I-130 approvals when asked to send them forward for consular processing and in others sending them to the NVC for consular processing when asked to hold them for adjustment of status. In your case, however, the situation is not drastic and so, assuming that you are still in legal status at the time that your priority date becomes current or your spouse becomes a US citizen, you can file the I-485 adjustment of status application in the States with a copy of the I 130 approval. It will be up to U.S.C.I.S. to retrieve the approved petition from the NVC if it wishes to have the petition on hand at the time of the interview.

Q&A 3.

Can I Come Back After Being Deported from USA After the Passing Time of Deportation

I came to the united state with my parents when I was 13 years old. We asked for refugee claim but it was turned down. So we were ordered to remove.  So we left to Canada and applied there and also were deported so we had to come back to the USA and left back to our home country when I was 17. We left on the due date and we have a 10 years bar. Now 8 years have passed, now I am 24 and I want to go back to do my masters there and also my husband is there. My question is can I come back to the United State or I will have to wait?

Mr. Lee answers:

If your husband holds US citizenship or lawful permanent residence in the US, he might be the qualifying relative for purposes of a waiver of the 10 year bar if you are thinking of immigrating to the US. Otherwise to come back as a student for a Masters, you would apply for the F-1 visa at the American Consulate and it would be refused. The consular officer could then decide whether to recommend a waiver of the bar to the Admissibility Review Office (ARO) of DHS. If agreeable, a waiver would be issued and you would be allowed to enter the US with the student visa. Factors that are taken into account for waiver purposes are the purpose of the trip including necessity for or urgency of, any extenuating circumstances, the seriousness of the violation, and whether the entry would endanger public safety or national security. 

Q&A 4.

When Rescheduling the Appt for the Residency How Long Does It Take to Get a New Appointment?

One of my family members had to reschedule the appointment and now she wants to know how long does it take to get a new one? Is it usually weeks, months or years? From Miami, FL.

Mr. Lee answers:

Rescheduling an appointment for adjustment of status to permanent residence is generally not a good idea and should not be requested if avoidable. Sometimes U.S.C.I.S. mistakenly denies cases in which persons ask for rescheduling on the basis that they did not show up on the date of interview. The agency is getting better at this, however, and now provides an easier way for individuals to rectify the errors. The time for rescheduling depends upon the schedule of the U.S.C.I.S. field office, but is generally done in our experience between 2-6 months.

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.