Q&A’s published on the World Journal Weekly on February 19, 2023 1. Pass the US citizenship to children overseas 2. CSPA 3. I-485 filed in Nov 2022 with I-130 approved in June 2022, I 94 expiring in Jan 21st 2023. Option to travel outside US? 4. I want to bring my parent her in the US. Can my boyfriend be my joint sponsor? 5. Can I get a work permit while waiting for the extension of my B1/B2 visa and F1 application? 6. I applied for change of status in Dec 2022 and my current B2 visa expires in February. Does my application cover extension of stay?

1. Pass the US citizenship to children overseas

I’d been in the United State from 2012 until I got my citizenship in 2018. Then in 2019 I traveled overseas. I got married and had 2 kids and came back to the US in 2021.  How can I bring my wife and kids to the U.S.? Can I pass my citizenship to my kids, if so how ?

Mr. Lee answers,
It appears that you have the necessary residence in the US (five years with at least two of which were after the age of 14) to transmit US citizenship to your legitimate children. You should make an application to the consulate or embassy on form DS-2029 Application for Consular Report of Birth Abroad of a US citizen child. For your wife, you would have to file an I-130 relative petition for her, have that approved, and she would ultimately interview for an immigrant visa at the American consulate or embassy having jurisdiction in the home country to issue immigrant visas.

2. CSPA

My brother’s application for immigration visa was filled in April 2010 approved in May 2015 and is in visa center he has two kids who are both over 21. Will they be able to migrate with parents if they are unmarried and when we can expect a visa center letter for further processing?

Mr. Lee answers,
Under the Child Status Protection Act (CSPA), the children are given a credit of five years to their age being under 21 due to the visa petition pendency of five years. It is more than likely that the children will not be able to emigrate with the parents as the counting time of the children’s ages will only stop when the priority date becomes current. Currently the sibling category final action date on the February visa chart is only available to those filing petitions prior to 3/22/2007, for China born. On the question of when you can expect a visa center letter for further processing, that will usually not come until the priority date is close to becoming current for visa availability.

3. I-485 filed in Nov 2022 with I-130 approved in June 2022, I 94 expiring in Jan 21st 2023. Option to travel outside US?

My parents got I-130 approved in June’2022. I filed their AOS (I-485) in Nov 2022, waiting to hear from USCIS. Their I-94 is valid till Jan 21’2023. They want to travel to China in Jan/Feb 2023. While waiting for I 485 approval, can I file their Advanced Parole (I-131) so that they can travel in Jan/Feb 2023? If not, Is there any other options which will allow them to travel outside US without affecting their I-485 application?

Mr. Lee answers,
Applicants for adjustment of status like your parents are only allowed to travel without disturbing the I-485 applications if they obtain advance parole. Unless the reason for their travel is emergent, they will not be able to receive advance parole approval in the short period of time before their contemplated travel. If the need is nonemergent, I suggest that they have a backup plan for travel later in the year. USCIS has been improving its times on most advance parole applications, but there are still many languishing for over six months. Hope that helps. 

4. I want to bring my parent her in the US. Can my boyfriend be my joint sponsor?

How can I bring my parent here in US. I am a stay at home mom, unemployed but only my partner (boyfriend ) is the only one providing for us. Can he be my joint sponsor?

Mr. Lee answers,
I will assume that you are asking if your partner can be your joint sponsor for purposes of sponsoring your mother for a permanent immigration visa. He is qualified if he is a US citizen or permanent resident, and has sufficient income and/or liquid assets to sponsor taking into consideration everyone that he is presently supporting and has sponsored for immigration in the past. Your partner would do a separate I-864 affidavit of support from you listing himself as joint sponsor. You would have to do your own, but your mother would be relying upon your partner for the financial support. Please note that you cannot submit one form only for yourself and your partner as he would not qualify as a household member. 

5. Can I get a work permit while waiting for the extension of my B1/B2 visa and F1 application?

I have been in the USA for almost six months with my i94 expiring in two weeks. I just applied for an extension of my i94, with an application for an F1 visa. I will love to work or do something to sustain myself while this application is pending. this is because of the difficulties associated with coping with my personal upkeep and my kids’ college expenses in the USA.

Mr. Lee answers,
Unfortunately, USCIS does not give employment authorizations for individuals attempting to change status from visitor to F-1 student. For that matter, it does not give automatic employment authorization to those who successfully change to F-1 student. Such successful applicants are allowed to work part-time on campus, but outside only with the approval of the educational institution under curriculum practical training or with USCIS permission for optional practical training or if there are severe economic hardship conditions which have occurred after one academic year of schooling or if there are emergent circumstances which are generally defined by USCIS as world events that affect a specific group of F-1 students and which causes them to suffer severe economic hardship, including, but not limited to natural disasters, wars and military conflicts, national or international financial crises.

6. I applied for change of status in Dec 2022 and my current B2 visa expires in February. Does my application cover extension of stay?

Since my application I have not received a response from USCIS. I have not applied for extension of stay. Does my application cover extension of stay? Am I suppose the repeat form 1-539 – Application for extension of stay before my I-94 expires or does my application payment of $450 covers extensions of stay?

Mr. Lee answers,
As you timely applied for a change of status to F-1 student, you are allowed to remain in the US while awaiting a decision on the change of status request. USCIS last year changed its policy which had previously required B-2 individuals applying for change of status to student to keep maintaining B-2 status and keep filing extension requests until the change of status was adjudicated. Please note, however, that other rules still apply that you cannot become a student until USCIS approves the change.