World Journal Weekly Q & A - June 27, 2010
Q & A 1. 2. 3.
USC Mother Has Been Living With Father In China For Past 10 Years And Her I-130 Petition Was Recently Denied - What Are The Options Now?
A U.S. citizen's daughter asks:
I am a green card holder through my husband and I am inquiring about my father who is in China. My mother is a U.S. citizen and her I-130 petition for Dad was recently denied by Immigration here because of confusion in her name. My mother has been living with my father in China for the past 10 years since she retired and is collecting Social Security. I myself am eligible for citizenship in about a year-and-a-half. As my mother makes very little money through her social security benefits, can I act as her financial co-sponsor since my income is over $70,000 per year?
Because your mother has been residing in China for such a long time, she would likely be eligible to petition for your father's permanent residence directly with the American consulate in China. She should of course straighten out the different name issue prior to filing and perhaps include an explanation. Your mother would have to show that she has permission to reside in China and has been doing so continuously for at least six months before filing the petition. I do note that she would have to finally file an I-864 affidavit of support in which she would have to prove that she has a domicile in the United States. Another choice for your mother is to petition for your father by filing the petition in the United States, having it approved by U.S.C.I.S. here, and then having it consular processed. Such would appear to be a longer process.
A further option would be for you to become a U.S. citizen and apply for your father. I imagine that you do not have a problem with different names, and questions concerning the affidavit of support would be much less given your financial status.
Denied LIFE Act Applicant Who Initially Sneaked Into The Country And Was Later Paroled Back In Wonders If He Can Get A Green Card Through Marriage To U.S. Citizen.
An illegal immigrant asks:
I sneaked into the United States and applied for temporary permanent residence under the LIFE Act for persons who were illegal by January 1, 1982. When my application was pending, I applied for and received an advance parole to return home because my mother was very sick. I was paroled back to the United States in 2006 and my LIFE Act application was denied in 2007. Now I have a U.S. citizen girlfriend and we want to get married. If I do this, is it possible for me to get my green card?
As you returned to the United States under parole status, you are technically eligible for adjustment of status as an individual who has been either inspected and admitted or paroled. As you were illegal in the U.S. for a number of years, your having left the U.S. under parole (although given to you by U.S.C.I.S.) subjects you to the 10 year bar imposed by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 for having remained in the U.S. for one year illegally after April 1, 1997. You will require a waiver of the bar through a filing of I-601 waiver of grounds of excludability in which you will have to show that your return to your home country would cause extreme hardship to your wife. I do note that in these situations, it has been our experience that having a child or two born of the relationship would assist you in increasing the amount of hardship that your wife would have if you had to return home.
My USC Husband Died In 2009 And My Case Was Denied In 2008- What Can I Do Now?
My American husband passed away in July 2009, and I wonder whether I am still eligible to obtain my permanent residence through his sponsorship. We married in 2005 and he petitioned for me and we attended two interviews with Immigration, but I never got the green card. I never had anything approved except for my employment authorization card. We never separated but moved a number of times. On checking with Immigration lately, I was told that my case had been denied in 2008. I also hear that there was a new law passed last year that could help people in my situation. Can you tell me how?
With the passage of the Department of Homeland Security Appropriations Act for fiscal year 2010, the "Widow penalty" whereby spouses of U.S. citizens faced automatic denial of the visa petition if the death of the spouse occurred prior to adjudication and prior to two years of marriage was ended. The legislation affects any visa petition or adjustment application pending on or after the date of enactment. U.S.C.I.S. stressed in the interoffice memorandum by Donald Neufeld, its Acting Associate Director for Domestic Operations, on December 2, 2009, that the only issue resolved by the law is that the death of the citizen spouse, by itself, does not make the widow ineligible for immediate relative classification. Where the citizen passed away before the enactment date (October 28, 2009) and did not have a petition pending (as appears to be your case), the widow(er) can file a form I-360 petition for Amerasian, widow(er) of U.S.C. or special immigrant by October 28, 2011, but must still establish that the marriage was a bonafide marriage and not an arrangement solely to confer immigration benefits on the alien. The benefit is also not available to a widow or widower who was legally separated, which does not appear to be your case.