A VISA FOR MY DAUGHTER

Thứ Tư, 11 Tháng Mười Hai 201300:00(Xem: 10757)
A VISA FOR MY DAUGHTER
One of our listeners sent us an email. She said:

My sister filed an F4 petition for me and my daughter and I was able to get my green card in 2008. However, my daughter had aged out and she was too old for CSPA consideration. As soon as I arrived in America, I filed an F2B petition for her.

I am a diabetic and my sugar level frequently goes up and down. My daughter is single and I am a widow. I didn’t want to leave her alone in Vietnam, but I had to come to the US to get my Green Card. I went back to Vietnam to be with my daughter and stayed with her for some time. When I returned to the US, the Immigration officer gave me a hard time. He said that if I stay in Vietnam for a long time again, they will cancel my Green Card.

I cannot live in the US alone without my daughter because I am partially disabled and cannot support myself. I cannot move to the US permanently until my daughter’s visa number is available. Her priority date for the F2B is January 2009. My priority date was 1995 on the F4 that my sister filed for me when my daughter was under 21.

I was hoping that some kind of temporary worker visa category might become law under Mr. Obama’s immigration reform effort, but now this seems unlikely. Is there any way that I can bring my daughter to the US on humanitarian grounds?

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There are probably several of our listeners in the same situation as this lady, separated from their child in Vietnam. Is there any kind of humanitarian visa that is available in such cases? At this time, the answer is, unfortunately, “no”.

In the proposed Comprehensive Immigration Reform (CIR) proposals in Congress, there are sections that would allow temporary workers to get visas, especially for work as care-givers. There is still a chance that the CIR will become a reality, but we might have to wait six months to see that.

The CSPA-F2B matter is also a part of the CIR being considered by Congress. Both the Senate and the House are in favor of helping children who aged out of CSPA eligibility.

And, on 10 December, the US Supreme Court will hear arguments in favor of children left behind because they were aged out of CSPA consideration. We expect the Supreme Court decision early in 2014. If it is favorable, most of the F2B petitions that were filed for children left behind will automatically become eligible for visa processing.

CIS recently issued a memo stating that the CSPA-F2B cases of children in F3 and F4 petitions will have to wait for the Supreme Court decision. Right now they cannot get the priority date of their parent’s petition.

To avoid getting a hard time from Immigration officers when you return to the US after a long visit to Vietnam, you should get a Re-entry Permit before you leave the US. This will allow you to remain in Vietnam for up to two years. Of course a lengthy visit to Vietnam might be added to the 5 year residence requirement that you will need to apply for US citizenship.

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Q.1. If I ask for a Re-entry Permit for a period of one year, can I extend or renew this while I am in Vietnam?
A.1. The Re-entry Permit cannot be extended while the person is outside the US, so it is better to ask for a two year Permit.

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Q.2. Is a Re-entry Permit a guarantee of “no hassle” by Immigration officers?
A.2. Immigration officers are required to determine the intention of permanent residents who are returning to the US. If it looks like the permanent resident does not intend to live in the US permanently, or is just using the Green Card in place of a tourist visa, then the officer will have some questions about the time spent outside the US.

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Q.3. How can I show Immigration officers that there was a real need for me to remain in Vietnam for a long time?
A.3. If you stay in Vietnam because of medical issues, you should have doctors’ letters and medical records to prove this. You should also have evidence that you are intending to continue your permanent resident status in the US: bank account, credit card account, home rental papers, etc.
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ROBERT MULLINS INTERNATIONAL www.rmiodp.com
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