World Journal Weekly Q & A - July 18, 2010
Q & A 1. 2. 3.
Reader Wishes to Bring Over 70 + Year-old Parents Under B-2 Visas; Wants to Know if He is Qualified and What is the Procedure.
Yang reader asks:
I am a U.S. permanent resident and immigrated to the U.S. for about 5 years. For these years, I only went back to China last year for one time. Am I eligible to apply my parents to come to U.S. to visit me? My parents are 70+ years old. They applied B2 visa for my father two years ago, but was denied. The reason seems to be that I was not qualified. Maybe I was fooled by the middleman. If I am qualified to apply B2 visas for them, what procedures I need to do in the U.S.?
Visitors' visas are applied for by the applicants themselves, not the relative in the United States. You can supply supporting documentation such as a letter of guarantee for their financial support and that they will return to China after their visit to you and an affidavit of support with job letter, bank letter, proof of recent pay, and a tax return. Visitors' visas are given in the discretion of the American consulate which attempts to determine whether the visitors will have sufficient financial support to stay in the U.S. for the period requested without working and that they have an intention to return to China. It may very well be that when your parents applied with the assistance of a middleman the last time, your financials were in order but your parents were refused as the consular officer was not convinced that they would stay only temporarily in the United States.
Son Arrived As LPR in 12/09, Does not Yet Have a Green Card, and Wants to Return for a Visit to China. - What to Do for Green Card and Visit?
A mother asks:
I am a U.S. citizen. My son immigrated and arrived to the U.S. in 12/2009 thru my petition. As of today, we have not received my son’s green card. One month after my son’s arrival, we received one letter from CIS stating if my son changed address, he must notify CIS within 30 days. Because we did not change address, we did not response to that letter. My questions are:
1. How to inquire the reasons for not receiving his green card?
2. My son must go back to China in July for one month. Will he be denied entry on the way back for not having a green card?
3. His passport has his green card number. Will the passport suffice to replace green card on his entry?
4. The passport stated his conditional green card was valid for one year. Which date should we count the starting date? Was it the date of his entry or his visa interview date in Guangzhou?
1 You should begin your inquiries by having your son contact with the U.S.C.I.S. National Customer Service Center at 1-800-375-5283. The representative will attempt to assist you.
2 Your son will not be denied entry as the immigrant visa in his passport and entry stamp allow him to return to the U.S. within a year of the entry stamp.
3 See answer 2.
4 You can count the starting date from the date of his entry in December 2009.
F-1 Student Grandson's High-school I-20 Expires in June and College I-20 Does Not Start Until September - Can He Stay Since He Will Have Military Service If He Goes Home? When His Mother Gets Her Green Card, Can He Adjust Status in the U.S.?
LA reader asks:
I filed immigrant paper for my daughter’s family in 2004. I have just received a notice from USCIS that her case has been approved and her case has been transferred to NVC. My daughter’s son has just graduated from a U.S. high school (had I-20s) this June and has received a UCLA admission for this fall.
My grandson’s current I-20 is expired in June and UCLA will not start until September. If he goes back to Taiwan now, he will face mandatory military service problem (he was born in 4/1991). If he stays here, he will overstay and UCLA’s I-20 will not have AIT’s visa. If he later leaves the U.S., will he have problem coming back in?
If he stays in the U.S., will he be able to adjust his status after his mother receives her green card?
An F-1 student who continues from one educational level to another is considered to be maintaining status provided that the transition to the new educational level is one in which he will begin classes at the new school within five months of the program completion date on his current I-20. Your grandson should speak with the designated school officials at his high school and at UCLA to effect the transfer. As the transfer will be completed within the five month time limit, your grandson is considered as maintaining status and will neither have to leave the U.S. nor seek reinstatement with U.S.C.I.S.
As long as your grandson maintains legal non-immigrant status, he would be eligible to adjust status in the United States rather than consular processing for permanent residence. The question of whether your grandson will be allowed to follow to join without your daughter having to file a new petition for him and waiting for a second priority date to clear would depend upon whether your daughter's priority date opens up before he turns 21, and if not, whether he is eligible for immigration under the Child Status Protection Act (CSPA) which freezes the age of a child under certain circumstances and allows a credit to age for the length of time that a petition pends with U.S.C.I.S.