If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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Q – My parents are visiting me from China. Their recently issued visa imprinted such information like “to visit son, expect 2mo stay”. When they enter US, what information they can provide to officer to get a longer stay time (say 6mo), is it possible to extend 6mo? I need them to help me to take care of a new born.
A – They would be very wise not to ask for more than 2 months. They can always seek an extension of their visa after they arrive. But if they seem like they are interested in staying for too long at the beginning, a border officer could deny entry all together.
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Q – My I-485 was filed on Nov29, 01. My EAD expires in Dec29,02 and I have already rcvd a receipt from INS dated Nov15; for my new EAD. I lost my job on Dec6th. Please suggest how I can maintain my Status. How long can I wait in finding another job to satisfy INS with “Status maintenance”? Any suggestions appreciated. Thank you.
A- First of all, I am sorry about losing your job. If you can find another job that is very similar to the one you lost, you probably can keep your green card application going. You do not need to do anything to maintain your status at this point. But at the end of the process, you will probably need to show that you were working with your employer for at least six months and found another job in the same or a very similar occupation.
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Q – If I’m inside the USA on a tourist VISA, is it possible for me to apply for a change of status so that I could stay and work in the USA? Even if starting out on a temporary permit. Would I need to return to my home country while waiting for decision whether I get the permit or not, or is it possible to wait inside the USA, and even possibly work while waiting?
A – This is theoretically possible unless you entered on the visa waiver. Note, however, that the INS will sometimes take the position that apply for a change to a work visa too quickly after entering the US in visitor status may show that you never intended to comply with the terms of your visitor visa. So be careful. As for working while you wait for the work visa, this would not be permitted under the regulations.
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Q – Hi. I would like to know that when a person from Angola is applying for asylum in USA. Will she be ineligible for asylum if she has resided in Finland for 5 years, has permanent residency in there, and is married to a Finnish national? She does NOT have citizenship of Finland.
A – Unfortunately, residing in a third country is generally considered a reason to be denied asylum. The US believes that you should apply for asylum in the first safe country you go to after leaving the country you are fleeing. So I don’t believe this person would likely succeed with an asylum claim.
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Q – My father filed an I-130 application for me when he was a resident. I married while he was a resident, then divorced. Is the application still valid or did the fact that I got married end my chances for qualifying under this application.
A – If your father is still a permanent resident, than you may be able to reclaim your priority date and continue processing. Timing is everything here. You lost your place in line when you married. However, under a little known provision in the regulations, if you divorce, you can actually reclaim your priority date rather than having to start from the back of the line. Note that your father still must be a residing in the US. I was not clear on that from your question.
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Q – I have Green card since April 1997, but from 97 to 2001 was in US on and off basis and mostly out of the US (but not any trip more than a year). I filed tax returns every year as resident too. Can you please tell me that for US Citizenship 30 months presence requirements, can I get calculate the days I have been in US for a short time (1 month)? As I understood I have to adding days of my presence in US back to 5 years, and I will be eligible for citizenship if total days of my absence and presence be equal (900 in US 900 out of US) with no single trip more than a year, am I right? Can you recommend any site or literature which clearly describe this?
A – You might find the articles on our web site at http://visalaw.wpengine.com/01may3/12may301.html and http://visalaw.wpengine.com/01may4/12may401.html helpful
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.