Published on the World Journal Weekly on October 15, 2017

Q&A 1 2 3 4

Present Status Expiring Should My Cousin Apply for Political Asylum If She Plans to Get Married Later?


My cousin from China entered the U. S. with a tourist visa last year, applied for an extension which was approved, and has only 2 months left before that expires. We understand that the chances of her obtaining another extension are not good. There is a chance that she will get married to a U. S. citizen in the future as she is single, but that will be down the road. In the meantime, she is thinking about applying for political asylum to stay here. Should she do that?

Dear reader,

If there is a good reason for her to file for political asylum, she can do so based upon past persecution or a well-founded fear of persecution if returned to the home country. Such would have to be based upon political opinion, membership in a particular social group, religion, nationality, or race. I do not encourage the filing of asylum cases without base. Applications for political asylum are being turned down at a higher rate these days by the U. S. government, and can serve as the basis for removal proceedings at a later point. If there is a marriage after removal proceedings have begun, it is appreciably harder to obtain residence status through marriage at that time. Where there is a final order of removal, the chances of reopening based upon marriage to a U. S. citizen are slight.

Q&A 2

Immigrant Visa Applicant Wants to Enter U. S. at San Francisco Instead of New York with Corresponding Change in Mailing Address for Green Card How To Do It?

I had an interview for the green card with the American consulate in Guangzhou to 2 months ago and received my immigrant visa. I am preparing to journey to America, but wish to change my destination from San Francisco instead of New York. Do I have to clear this with the U. S. Consulate since I put down the address in New York as the place where my green card should be sent? Or can I just notify the U. S. immigration officer at the airport of my new address? Do I have to live with my sponsor?

Dear reader,

The port of entry does not have to be the same one corresponding to the address that you put down on the DS-260 on where you will be going in the US. You can talk to the Customs and Border Protection inspector that you meet stating that you want to change the address for the green card. You do not have to necessarily live in the same state as the sponsor unless the sponsor is your spouse. For employment-based cases through labor certification in which you are expected to work for a certain employer, your residing in an area not within commuting distance to the employment could raise suspicion that you do not intend to work for the sponsoring employer and give you problems accordingly.


Q&A 3

Green Card Through Employment With Fake Name Can I Sponsor Sister Since I Am U. S. Citizen Now?

I came to the U. S. in the 1970 with a false passport and name, and later got my green card through labor certification as a cook using the passport and a false certificate of birth. I’ve been a U. S. citizen. My sister just got divorced in China, has a 3-year-old daughter, and now wants to leave China and come to the U. S. She has been asking me to petition for her and I wonder whether my doing so will get me into trouble. For example, will the U. S. government look through my immigration file when processing my sister’s case?

Dear reader,

The Department of Homeland Security is continually updating forms and procedures in the quest for higher security and there is no guarantee that it will not look into your file in determining your sister’s eligibility. I note that the F-4 sibling category under which you are thinking of applying for your sister currently has a backup date of 5/8/04 for all of the world except for natives of India, Mexico and the Philippines for the month of August 2017. That means that it is taking approximately 13 years for a person to immigrate under the category. If your sister has other ways to immigrate, e.g. labor certification or investment, that might be a quicker way for her to enter the U. S. rather than waiting on your petition.


Q&A 4

Case Denied in May Because We Moved And Did Not Receive Notices From Immigration What To Do?

I am a U. S. citizen and applied for my father who came to the U. S. 5 years ago under a visiting visa. After filing the I-130/I-485 package, we received a request for dad to go and take fingerprints and photographs in January 2017, and since then heard nothing from U.S.C.I.S. We checked the U.S.C.I.S. online status system, but the message was always the same that it had received the application in November 2016. We recently checked by telephone with the U.S.C.I.S. National Customer Service Center and were told that dad had been sent a request for birth certificate in February and after not receiving the document, U.S.C.I.S. had denied his adjustment of status application in May. Maybe we did not receive these notices because we moved in February, though we did send in the AR-11 address change notice. What can we do now?

Dear reader,

It would appear that it is too late to consider filing a motion to reopen or reconsider under form I-290B as a motion would be due within 30 days of the U.S.C.I.S. decision. You and your father could schedule an Infopass with the local U.S.C.I.S. office to explain the situation and see whether the Service can reopen under its own authority. If not, you and your father can refile the entire I-130/I-485 package once again with new fees – this time with your father’s proof of birth. Please note that if you receive an approval on the I-130 petition (that is not dependent upon your father’s birth certificate), you would not have to file another I-130 petition and could simply append the I-130 approval sheet to the I-485 application. Good luck!


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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