VARIOUS TOPICS

On today’s show, we’ll answer some questions we received recently. The first one is from a listener who has a two year conditional Green Card. She will need to apply for a permanent Green Card during the 90 days prior to the expiration date on the temporary green card. She asks, “Can I still apply for a permanent Green Card if my husband and I divorce or separate?”

There is no requirement to stay in a difficult or abusive marriage. If the couple files for divorce before the two years are up, the green card holder can still apply for the permanent Green Card. The application for the Green Card will be filed card as soon as the divorce is finalized, even if it is sooner than 90 days before their card expires. They will be required to provide proof that the marriage was real and that they did not marry just to get the green card.

Or, if the person was abused by their US citizen or permanent resident spouse, they can apply for a permanent Green Card even before their divorce is finalized, but they will need to show that the marriage was real and not entered into to get their green card. They will also have to prove that they were abused.

One listener asked about his nephew who has a student visa. He wonders if returning student visa holders will face any problems. The answer is that DHS is definitely more careful now about admitting students to the US when they return from their home countries. 

DHS ordered border agents to verify that every international student who arrives in the U.S. has a valid student visa. This security change may create a delay for returning students, but if their student visa is still valid, they will be admitted.

Under the new procedures, border agents will check the student’s visa status in the DHS Student and Exchange Visitor Information System (SEVIS) before they arrive, using flight manifests. If the information is unavailable, the agent will manually check in the agency’s national targeting center, where pre-arrival information is screened for possible terrorism threats.

Previously, SEVIS, which contains the most up-to-date information on a student’s visa and enrollment status, was not available to officers at passport control. A student’s status was checked only if he was referred to a second officer for additional inspection.

Another inquiry we received asked about the status of the CSPA-F2B case that was submitted to the Supreme Court last year. In early June this year, the Justice Department (CIS) asked the Supreme Court not to accept the CSPA-F2B for consideration because this matter is contained in the new CIR. The new CIR states very clearly that when a parent in the US files a new F2B for the child left behind in Vietnam, that new F2B will get the priority date of the parent's F3 or F4 petition. That will mean that the child will be eligible for visa interview processing immediately and will not have to wait several years for the F2B to become current.

The plaintiffs answered that the Supreme Court should accept the case because no one can be sure if the new CIR will ever become law.

So, now the matter is back with the Supreme Court. It will be several months before they announce if they will agree to take the case. By that time, we will know if the new CIR will become law.

Many people are still curious about Michael Sestak, the US Foreign Service Officer who possibly made at least Ten Million Dollars in a Visa-for-Money Scam. Sestak is still in prison, being held without bond while awaiting trial, and the US government is continuing to locate and arrest any of his Vietnamese accomplices who are in the US.

There is a very interesting and very extensive report about this case on the 9 June issue of the blog called Diplopundit. Tuoi Tre News and Thanh Nien News have been uncovering numerous details of this case, including the identities of all of the Vietnamese involved.

According to the reports, US Investigators voided Sestak’s diplomatic passport in early May, leading Thai immigration officials to arrest him in Phuket where he had purchased a number of luxury properties. State Department investigators caught up to him at an immigration detention center in Bangkok.

What is happening in Congress with the CIR? Border Security is what many Republicans are demanding. Without that, they will not be willing to vote for an amnesty for the 11 million illegal aliens in the US.

Last week, Senate Republicans and Democrats reached agreement on a costly, military-style plan to secure the leaky U.S.-Mexican border. This agreement would allow the passage of S.744, giving millions of illegal immigrants a chance at citizenship.

The bipartisan CIR border security plan requires doubling of the Border Patrol, with 20,000 new agents, 18 new unmanned surveillance drones, 350 miles of new fencing, and an array of fixed and mobile devices to maintain security. The result will be a militarized border.

 A final vote on the Senate CIR is expected by the end of this week. The next move would be up to the House, where majority Republicans are overwhelmingly opposed to granting citizenship to immigrants living in the United States illegally. After the House decides on its plan for CIR, talks between the House and Senate will be held in the fall to see if they can reach an agreement about a final version of a CIR.

The new CIR would provide a pathway to citizenship that gives illegal immigrants provisional status after six months, but requires them to wait at least ten years before they become eligible for green cards.

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Q.1. If the Supreme Court decides in favor of CSPA-F2B applicants, will this ruling apply only to the 9th Circuit in California?
A.1. No, the Supreme Court Decision would apply to applicants in all of the 50 states.

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Q.2. Before working at the US Consulate General in Saigon, Michael T. Sestak was a policeman, a Deputy US Marshall, a Naval Intelligence Officer, and a 9-11 First Responder. He has confessed his crime but some people are still wondering how he got know the five people in Vietnam who organized this visa-for-money scheme.
A.2. Most of these individuals were well connected to the US Consulate community in Saigon. At least three of them frequently attended Consulate social functions. One of them was head of one a moving company used by the consulate for shipping services.

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Q. 3. If the new CIR becomes law, will it still be possible to file F4 petitions for the siblings of US citizens?
A.3. Yes, US citizens will have at least 18 months to file new F4’s after the CIR takes effect.


ROBERT MULLINS INTERNATIONAL www.rmiodp.com
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