Published on the World Journal Weekly on November 20, 2016

Q&A 1 2

My I-130 Petition For My Child Has Been Sent to the NVC, What Does It Mean?

My petition for my son (I-130 for single son of permanent resident) has just been approved. He is here legally under an F-1 visa. But the language of the approval is puzzling. It says that the petition indicates that the person for whom your petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. This determination is based on the information submitted with the petition and any relating file. If the person for whom you are petitioning believes that he or she is eligible for adjustment of status then he or she should contact the local office for more information. Because the person whom you are petitioning for is not eligible to adjust, we have sent the approved petition to the National Visa Center. The NVC processes all approved immigrant visa petitions that need consular action. What does this mean for our case?

Dear reader,

When individuals file I-130 relative petitions to U.S.C.I.S., they can request in part C-22 the location that the beneficiary will be interviewing at when the case is coming to an end. Sometimes individuals put down a city in the United States when the beneficiary is not eligible to adjust status in the US under current immigration law. In that condition or if U.S.C.I.S. makes a mistake, the approved petition file will be forwarded to the National Visa Center instead of being housed at U.S.C.I.S. for adjustment. The designation to send the case for processing at the National Visa Center is easily remedied in case of mistake and the beneficiary is eligible for adjustment of status as U.S.C.I.S. will generally recall the petition from the National Visa Center if the beneficiary is to be interviewed in its local field offices.

Q&A 2

AWOL, Filed for Renewal of Green Card, Discharged for AWOL, Just Filed Immigrant Visa Petitions for Family in Malaysia Which Were Approved Is My Green Card Safe?

I joined the U.S. Army in 1999 and went absent without official leave (AWOL) in 2000. I went home to Malaysia and stayed there until I turned myself in in 2015. The U. S. consulate gave me a public benefit parole document good for 3 months, and while waiting to see whether I would be allowed to rejoin the Army, I filed for renewal of my expired green card and received a new one. After that, my request to rejoin was denied and I was discharged. I have filed to U.S.C.I.S. for my wife and 3 children in Malaysia. My petition was just approved last week. They are waiting for the visa availability. I am wondering whether my green card is safe at this time or whether it will be taken away.

Dear reader,

There may indeed be a problem if there is a sharp American consular official who figures out your situation. Individuals with green cards who leave the US for a year or more without reentry permits (valid for up to but not including 2 years) may lose their residence status. You state that you went  AWOL to Malaysia in 2000 and returned through a public benefit parole in 2015. The parole was not an affirmation of your permanent residence. There is danger to you at the time of your family's interview overseas and the possibility that a consular officer may wish to have an investigation done on your situation. That could lead to questions concerning the continuing validity of your green card.


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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