Immigration Glossary

Thứ Tư, 23 Tháng Tư 201400:00(Xem: 8228)
Immigration Glossary

This week we’ll look at some immigration terms to help you better understand the immigration process.
Adjust Status: To change from one non-immigrant status to another, or to adjust status from nonimmigrant to legal permanent resident, or to change from Conditional to Permanent Green Card holder.
Advance Parole: Advance parole is a travel document giving you permission to leave and re-enter the United States. It is required for people on a K1 visa, asylum applicants, parolees, and some people trying to adjust status, while in the U.S.
With this document, you may travel temporarily to another country and re-enter the United States without requiring a separate visa. Application for parole and approval is required before you leave the United States. Advance parole can be obtained by filing Form I-131 Application for Travel Document.
Affidavit of Support (Form I-864): When you bring a relative to live in the U.S. permanently, you must show that you are able to financially support your relative until that person becomes a U.S. citizen or completes 40 quarters of work in the U.S. The affidavit of support does NOT make you responsible for the immigrant’s debts, legal fees or medical expenses. But if the immigrant goes on welfare, the government may ask you to pay back the welfare payments.
Even if the sponsor has no income, the Form I-864 must be submitted. If you do not meet the required income amount, you may ask household members or a joint sponsor to sign the affidavit.
A joint sponsor is someone who does not live in your household. The joint sponsor must do the I-864 and must meet the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.
Asylum: This is the protection granted to a person who cannot return to their home country for fear of prosecution. You may request asylum when you arrive at a U.S. port of entry, or after you arrive in the United States, regardless of whether you are in the U.S. legally or illegally.
Conditional Permanent Resident: Usually, conditional residents are the spouses of US sponsors and they were married for less than 2 years before coming to the US. Conditional permanent residents have the same rights and responsibilities as permanent residents, but must apply to remove conditions on permanent residence by filing Form I-751. Failure to file the I-751 on time can result in loss of permanent resident status.
CSPA (Child Status Protection Act): Some children who are over 20 years of age can accompany their parents to the US. The time that the petition was pending with CIS can be deducted from the child’s age. Note that NVC does not do this. The US Consulate in Saigon must be contacted to arrange for CSPA determination so that the child can attend the interview.
K1 Fiancée Visa: Only an American citizen can file a Fiancée petition. The sponsor and applicant must have met within the two years before the petition was filed with CIS, and they must marry within 90 days after the fiancée arrives in the US. There should be a good reason for filing the Fiancée petition instead of doing a spouse petition based on marriage in Vietnam.
Nonimmigrant Visa (Temporary Visa): For tourists (B2 visas), there is no permission to work or study while in the US.
NVC (National Visa Center): After CIS approves a petition, it is sent to the National Visa Center (NVC). NVC is responsible for collecting the Affidavit of Support, requesting additional documents from Vietnam, and for collecting the visa processing fees. When the file is complete at NVC, they will send a date for the visa interview. Note that NVC does not make a determination about eligibility for CSPA. That must be done with the US Consulate in Bangkok. The result is that children over 20 in F3 and F4 cases are usually not included on the interview appointment letter.
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Q.1. What is the most frequent mistake that sponsors make when they submit the Affidavit of Support?
A.1 They forget to provide their original signature or they sign in blue ink instead of black.

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Q.2. Why doesn’t NVC do the CSPA determination instead of leaving it up to the US Consulate?
A.2. There is no clear answer to this. Perhaps they just don’t want to spend the time doing it.

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Q.3. If a couple has been married for more than two years before the spouse arrives in the US, when will the Green Card be issued?
A.3. CIS will send the permanent Green Card in the mail within a few month after the arrival of the spouse.
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