Published on the World Journal Weekly on August 23, 2015


Q&A 1. 2. 3.

A Motherís Choice Ė Keeping the Asylum Case to Include Her Son or Bing Petitioned by Her Daughter Which Does not Include the Son

A mother asks:

I have two children.  My daughter is a U.S. citizen and my son holds an F-1 international student status since 2007.  He never left the country.  I came to the U.S. in 2008 to see my son under B2 visa and was allowed to stay for 180 days.  After the 180 days, I filed for political asylum.  I have an Immigration Court date scheduled in 2016.  I do not know if I will win or lose.  I know if I win my case, my son can be included.  Because when I filed the asylum papers, my son was only 19 years old.  Am I correct?
My daughter filed an immigrant paper for my son but he must wait for 12 years.  Will this application affect my son’s working visa, F visa transfer or labor certification in the future?

Dear reader,

It appears that you will have to make a choice as to which way you wish to go – proceed with your asylum application or go with your daughter’s petition. As political asylum is uncertain and a denial from the immigration court would prejudice an application for adjustment of status to permanent residence through your daughter, you may wish to make the choice with your daughter’s petition. You are correct in your question as to whether your son can benefit if you win political asylum in that he would be included. With regard to your daughter’s having filed a petition for your son already under the F-4 category of brothers and sisters of U. S. citizens, such petition would not affect a working visa or labor certification, but may although unlikely affect an F visa transfer (F-1 student is supposed to have nonimmigrant intent, but the length of time required to complete the process is so long as to diminish the factor of immigrant intent).

Q&A 2.

Processing F-4 Sibling Case at the NVC, or Why is This Taking So Long to Get a Response?

A sister asks:

I filed for my brother 10+ years ago for getting a green card.  The case is in NVC now.  I paid AOS fee and completed DS-261 online almost 2 months ago.  The IV Fee online shows not invoiced yet, so I can’t pay for my brother.  I have filled out the affidavit of support documents and financial evidence (from I-864) but can’t find out how to file it online.  I emailed and called NVC but didn’t get any responses.  My questions are:

  1. How do I file I-864 online?

  2. When can I pay IV fee online?  When I filed for my brother, he did not have any children.  He now has two children.  The case still only lists my brother and his wife.  When to add his children to the case?

  3. Once we pay IV fee, do we mail in everything requested in a big envelope to NVC?

  4. Once fee and documents are sent, when can we expect to have the interview in Taiwan?

Dear reader,

In answer to your questions,
For Taiwan applicants, the I-864 must be mailed in to the NVC. You can only pay the IV fee online once the NVC makes it available. NVC will usually make it available when the priority date is close to being reached. In order to add the new children to the case, you can notify NVC of the new kids with copies of their passports and proof of birth. Later you will need to pay the IV fee for the children in addition to their parents. Persons from Taiwan can pay the IV fee by mail or electronically. If you pay the fees online,  you can retrieve a fee receipt with which you can fill out form DS 260. Following that, you can mail everything including the I-864 in a big envelope to the NVC along with the DS-260 confirmation sheets. If all fees and documents are with the NVC, the agency is currently taking approximately 90-120 days to process the paperwork before scheduling an interview overseas if the priority date is current. If not current, your brother and his family will have to wait until it clears before the scheduling can be done at the AIT.

Q&A 3.

Iím a Permanent Resident and Have Not Been in the U. S. For Most of the Past Year Ė Can I Use My Green Card to Enter the U. S.?

Dear reader,

A green card holder is generally allowed to return to the country within one year of leaving just on the basis of his or her permanent residence card. A continued pattern of long trips out of the US between 6-12 months may bring problems with U.S. Customs And Border Protection (CBP), but generally only one trip of less than one year in duration would not cause much of a problem although CBP officials will ask the reason for which a green card holder has stayed out of the US for so long. In many cases where CBP is concerned, it will give a warning and place a notation in the individual's passport.


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.


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