Question #1. A listener says: I am an American citizen, sponsoring my daughter, son-in-law and two grand-daughters. One of my grand-daughters is still single but she has given birth to a child. Is there any procedure for bringing the child to America with my grand-daughter?
Answer: In this case, there is no visa category for the child of a grandchild. American citizens who sponsor siblings are also unable to include the child of a niece. There is no available visa for that.
There are really only two options: the grandchild or niece would have to remain in Vietnam with her child until her parents arrive in the US to sponsor her and the child. Of course, that means a wait of several years.
The other option is for the young mother to leave the child in Vietnam, come to the US and sponsor the child as a second preference applicant. That also means a wait of several years.
If a US citizen is sponsoring his under-21 year old daughter, and she is single but has a child, can the child go to the US with the mother?
In this case, the law says that the under-21 year old daughter has two choices: Wait until she is 21 years old. At that time, the sponsor’s grandchild can be included in the petition. However, after the sponsor’s daughter has reached 21 years of age, there is additional waiting time.
The other option is for the young mother to leave the child in Vietnam, come to the US and sponsor the child as a second preference applicant. That also means a wait of several years.
Question #2: Police clearance is a must for applicant who stayed more than a year at a "third country". What happens if the applicant was deported after overstaying her visa in Australia? Will this make things harder for her to be admitted to the US as an immigrant?
Answer: If the lady was applying for a tourist visa to the US and if the US Consulate knew about the Australia overstay, that might prevent her from getting her US tourist visa.
However, in immigrant visa cases, the purpose of requiring police clearance is to find out if the applicant committed any crimes that would make her excludable and not eligible for a US immigrant visa. For this question, the answer is simple: no crime was committed so the overstay is irrelevant. The US Consulate will only be interested in the applicant’s life in Vietnam.
A couple of Immigration Issues
Not everyone wants to be a US citizen. The rumors and guesses about immigration reform continue. Congressmen who are anti-immigration reform are worried about putting more than 11 million illegal aliens on a path to citizenship. But history shows that not all of these 11 million people will try to become citizens.
In 1986, Congress passed the Immigration Reform and Control Act (IRCA). The law offered a true amnesty to millions of immigrants who were living in the country illegally. Of the 2.7 million who received green cards or legal residency through the new law, only about 40% became U.S. citizens.
Tuition Breaks for Unauthorized immigrant students: The number of states allowing in-state tuition for unauthorized immigrants grew to 20 in 2014, but some states still prohibit illegal alien students from receiving discounts.
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Q1. What are the worst states for undocumented students?
A.1. Arizona, Georgia and Indiana bar unauthorized immigrants from receiving in-state tuition rates and they are the worst states for undocumented students.
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Q.2. Why does the US Consulate require police clearance #2? In the past they just asked for clearance #1.
A.2. The Consulate wants a full record. Clearance #1 only goes back five years, while Clearance #2 includes all police reports.
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Q.3. What about the unmarried daughter of a permanent resident? If she has a child can the child be added to the case and come to the US with the mother?
A.3. It is somewhat easier for the single daughter of a Permanent Resident: whether under or over 21, her child can be added to the case without increasing the wait time.
ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru
9070 Bolsa Ave., Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Rang Mi - 47 Phung Khac Khoan, Q1, HCMC (848) 3914-7638
Answer: In this case, there is no visa category for the child of a grandchild. American citizens who sponsor siblings are also unable to include the child of a niece. There is no available visa for that.
There are really only two options: the grandchild or niece would have to remain in Vietnam with her child until her parents arrive in the US to sponsor her and the child. Of course, that means a wait of several years.
The other option is for the young mother to leave the child in Vietnam, come to the US and sponsor the child as a second preference applicant. That also means a wait of several years.
If a US citizen is sponsoring his under-21 year old daughter, and she is single but has a child, can the child go to the US with the mother?
In this case, the law says that the under-21 year old daughter has two choices: Wait until she is 21 years old. At that time, the sponsor’s grandchild can be included in the petition. However, after the sponsor’s daughter has reached 21 years of age, there is additional waiting time.
The other option is for the young mother to leave the child in Vietnam, come to the US and sponsor the child as a second preference applicant. That also means a wait of several years.
Question #2: Police clearance is a must for applicant who stayed more than a year at a "third country". What happens if the applicant was deported after overstaying her visa in Australia? Will this make things harder for her to be admitted to the US as an immigrant?
Answer: If the lady was applying for a tourist visa to the US and if the US Consulate knew about the Australia overstay, that might prevent her from getting her US tourist visa.
However, in immigrant visa cases, the purpose of requiring police clearance is to find out if the applicant committed any crimes that would make her excludable and not eligible for a US immigrant visa. For this question, the answer is simple: no crime was committed so the overstay is irrelevant. The US Consulate will only be interested in the applicant’s life in Vietnam.
A couple of Immigration Issues
Not everyone wants to be a US citizen. The rumors and guesses about immigration reform continue. Congressmen who are anti-immigration reform are worried about putting more than 11 million illegal aliens on a path to citizenship. But history shows that not all of these 11 million people will try to become citizens.
In 1986, Congress passed the Immigration Reform and Control Act (IRCA). The law offered a true amnesty to millions of immigrants who were living in the country illegally. Of the 2.7 million who received green cards or legal residency through the new law, only about 40% became U.S. citizens.
Tuition Breaks for Unauthorized immigrant students: The number of states allowing in-state tuition for unauthorized immigrants grew to 20 in 2014, but some states still prohibit illegal alien students from receiving discounts.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q1. What are the worst states for undocumented students?
A.1. Arizona, Georgia and Indiana bar unauthorized immigrants from receiving in-state tuition rates and they are the worst states for undocumented students.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.2. Why does the US Consulate require police clearance #2? In the past they just asked for clearance #1.
A.2. The Consulate wants a full record. Clearance #1 only goes back five years, while Clearance #2 includes all police reports.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.3. What about the unmarried daughter of a permanent resident? If she has a child can the child be added to the case and come to the US with the mother?
A.3. It is somewhat easier for the single daughter of a Permanent Resident: whether under or over 21, her child can be added to the case without increasing the wait time.
ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru
9070 Bolsa Ave., Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Rang Mi - 47 Phung Khac Khoan, Q1, HCMC (848) 3914-7638
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