Published on the World Journal Weekly on April 24, 2016

Q&A 1


Graduate Student Wants Mother to Live With Him During His Graduate Studies Possible?


I was accepted into graduate school last year and have been attending ever since. My mother misses me a lot in Taiwan since I am the only child and my father passed away 3 years ago. She came to the U. S. before a couple of times because people from Taiwan do not need a U. S. visa to travel. However, she was told the last time that she could not continue doing this. Is there a way that she can stay with me during the time that I am studying?

Dear reader,

If your mother had been living with you for long in the same household, she may be able to apply for a visitor visa after explaining the circumstances to the American Institute in Taiwan in light of the recent guidance by the US government for such situations. She may also be able to obtain extensions of that status when she arrives here for the duration of the time that you are in the U.S. under your student status. We understand that U.S.C.I.S. is open to giving extensions.

Q&A 2

Got Green Card Through Marriage, Divorced, and Wants to Sponsor Current Wife – Possible?

I was applied for by my former wife and got the permanent green card. Afterwards we divorced, and I just married someone else from China, and I want to sponsor her for the green card. This is her first marriage and this is my 2nd. Is it possible to do while I still have the green card or do I have to wait to become a citizen?

Dear reader,

Persons who obtain their green cards through marriage, and then divorce and attempt to sponsor others through marriage while still on the green card must prove by clear and convincing evidence that the first marriage was bona fide. If you have clear evidence such as the birth of a child, you may certainly file for your new wife with the green card. If you do not believe that you have clear and convincing evidence of a true marriage to your ex-wife, you should wait until you become a US citizen.

 

 

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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