newacct

Another option is to simply travel to the US on the unexpired green card, and seek entry as normal. Although technically a green card is a valid document for re-entry only after an absence of less than 1 year, and she doesn't have any of the other documents immigrants can use to enter, the officer has the power to waive the documentary requirement and admit her as a permanent resident anyway, if they determine that she has not abandoned residency. And they will often let her in in such a circumstance, especially if it's her first time and she wasn't out for too much longer than 1 year. In the unlikely case that they do not want to let her in, they could pressure her into signing I-407 to voluntarily surrender her permanent residency. She could refuse, in which case they would temporarily let her in and give her a Notice to Appear for removal proceedings in immigration court, where she could try to convince the immigration judge that she did not abandon residency. Only an immigration judge in immigration court has the power to definitively revoke her permanent residency, not the immigration officer at entry.

I wish to note that you are not required to provide (and the employer cannot require you to provide) "current documentation of your status". When you start work, you can only be required to provide one of the documents accepted for the I-9. And one of those is an unrestricted Social Security card (a List C document), which green card holders should have, plus a driver's license (a List B document).

She is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of a US citizen), and whether she is in status or out of status is irrelevant for Adjustment of Status in this category. She could have overstayed for years before filing I-485 and it wouldn't matter a bit for the I-485. Of course, the sooner she files the better, because in the period of time after her I-94 expires and before she files I-485, she is deportable, but the point is, filing after her I-94 expires is not an issue.

A replacement green card can only be sent to a US address. Usually when someone loses their green card abroad, they get a transportation letter from a US consulate (which might involve filing I-131A) for getting the airline to fly them back to the US, and then file I-90 once they get back to the US. However, in your daughter-in-law's case, it sounds like you are saying she has in her possession a Re-entry Permit (that's one of the types of documents that's applied for with I-131, and it's for 2 years), in which case she can directly fly back to the US and enter the US using that (during the Re-entry Permit's period of validity), and she doesn't need to get a transportation letter. She can then file I-90 once she gets back to the US.

The intending immigrant's income can be counted in your household income, but only if it will continue after immigration (which usually means it must be income in the US) and he must be authorized to work in the US (i.e. assuming the income is in the US, he must be working legally for the income to count). It doesn't sound like his income can be counted. And if the intending immigrant's income can be counted, the intending immigrant does not need to fill out an I-864A for the income to be counted. This is all in the I-864 instructions.

CBP is what handles entries. Contact the nearest CBP deferred inspection office to correct the entry. It's possible to enter on a previous I-94 after a trip of less than 30 days to Canada or Mexico, but she was gone too long for that to be the case.

Since he never worked in U.S. , he has no asset either , in the form 1-864 part 6 and part 7 will be empty. Is that ok? Does he need write a statement or explanation ? Part 6 #2 asks about his current (i.e. right now) income, i.e. the current salary of his current job. If he is currently unemployed, this would be 0. He won't be using the income of any household members (Part 6 #3-14), so his current household income (Part 6 #15) will also be 0. Part 6 #19a-c asks for the number from the "total income" line from his federal tax returns from the last 3 years. A US citizen or permanent resident is subject to US tax on their worldwide income no matter where they live. The only legitimate reason for him to not need to file a US tax return is if his income that year was below the minimum threshold for needing to file. This threshold can be found in the relevant year's Form 1040 instructions, in a section near the beginning called Do You Have to File?. If he didn't file for some or all of those 3 years because his income was below the threshold, then per the I-864 instructions, he would put "N/A" for the blank for total income for those years, and then attach a statement stating why he was not required to file (citing the threshold for each relevant year and stating his income and that it was below the threshold). He will not be using assets so Part 7 should be blank.

It's only fraud if she lies to an officer when entering or when getting the visa. But if she is truthful about her intention to apply to immigrate after marrying when entering, she will likely be denied entry. So hopefully she is not asked.

He would put down the current (i.e. today's) annual salary of his current (i.e. today's) job. It might not be the same as his income last year. If your father's own income is insufficient, he can count your mother's income, by listing her information and income as "Person 1" on his I-864 Part 6 #3-5 (so their incomes add up in Part 6 #15 to be his household income) and she would fill out an I-864A as the "household member" of your father, the sponsor. It's the "total income" line from the tax return, not "adjusted gross income". On the 1040EZ, total income and adjusted gross income are always the same (as above-the-line deductions are not allowed on the 1040EZ), and the line is only labeled as "adjusted gross income", so that's why if it's 1040EZ he looks for the "adjusted gross income" line. But on all other forms (1040, 1040A) he must use the "total income" line. If he has no above-the-line deductions, the "total income" and "adjusted gross income" lines will be the same.

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The wait for visa numbers and the wait for the I-130 to be approved run in parallel (they both count from the time of filing of the I-130). The I-130 should be approved long before a visa number becomes available. Note that actually it is better for the I-130 to take LONGER to approve rather than shorter (as long as it's shorter than the wait for visa numbers), because the length of time the petition is pending is subtracted from a child's age for determining aging out purposes under CSPA. This is probably not an issue in this case since the grandchild is likely still very far from aging out.

The 7th Circuit ruled in Akram v. Holder that K-4 can adjust without the need to file another petition. Though this is probably moot as they are unlikely to get K-3/K-4.

Actually F1 is (slightly) slower than F2B for all countries.

According to several BIA precedents, they cannot deny AOS for immediate relatives for the reason of immigrant intent alone. However, they CAN and DO deny AOS for fraud. Dan's statement is accurate and stands as is. It's not fraud if they did not lie to an officer at some point. The statement that using a visit visa with intent to immigrate by itself is a reason for denial of AOS is not correct.

According to several BIA precedents, they cannot deny AOS for immediate relatives for the reason of immigrant intent alone.

The card should say resident since 6/23/2015 and expire 6/23/2017. If it says resident since 3/31/2015 and/or expires 3/31/2017, the card is wrong and she should file an I-90 to replace it for free with the reason being USCIS error.

It won't come to that because creditors are highly unlikely to go to China to sue her in the first place.

Does she have a child between the ages of 18 and 21 who wants to immigrate to the US? If so, definitely fiance visa.

F1 (unmarried over-21 child of citizen) is actually slower than F2B (unmarried over-21 child of permanent resident), but it's possible to opt out of upgrading from F2B to F1.

Shanghai consulate's page on abandoning green card is here (scroll down to #3).

You will need to learn to READ Chinese law IN CHINESE. Then learn to communicate in Mandarin so that you can convince the people at the Consulate, and also the Chinese Foreign Ministry that your interpretation of their law is correct. You don't need to "convince" anyone. The consulates and Foreign Ministry already do it this way. Just "read" their websites (and yes, you need to read in Chinese).

If your children were born in China, or were born outside of China and your wife did not have foreign permanent residence at the time the children were born, then they are Chinese citizens according to Chinese law, and you should apply for Chinese Travel Documents for them, not Chinese visas.

30/60/whatever rule is a Department of State thing. It does not apply to USCIS, which adjudicates AOS. Multiple BIA decisions have ruled that Adjustment of Status for people in the Immediate Relative category (spouse, parent, or under-21 child of US citizen) should not be denied for the reason of immigrant intent alone, including Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980), Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981), and Matter of Battista, 19 I&N Dec. 484 (BIA 1987). The applicant does not have a "burden" to show they did not have immigrant intent when they entered -- it cannot be used alone to deny them.

China does not recognize dual citizenship. British citizens are handled differently, which may be the source of your "Travel Document" rumor. A British citizen born in China may be required to return to China and explicitly rescind their Chinese citizenship before they can be issued a visa in their BRITISH passport. When you apply for your daughter's Chinese visa in her American passport, you may need to show the exit visa that was used when she left China. China "not recognizing that Chinese citizens possess dual nationality" means that if someone really possesses Chinese nationality and a foreign nationality at the same time (according to each country's respective laws), China only recognizes the person's Chinese nationality, and does not recognize the person's foreign nationality. As a Chinese citizen, the OP's daughter should not be issued a Chinese visa. You have your own interpretation of Chinese laws - it does not hold sway with the Chinese. First, it's the only way to read the plain text of the law. And second, it's the same way that it is interpreted by the Chinese government.

China does not recognize dual citizenship. British citizens are handled differently, which may be the source of your "Travel Document" rumor. A British citizen born in China may be required to return to China and explicitly rescind their Chinese citizenship before they can be issued a visa in their BRITISH passport. When you apply for your daughter's Chinese visa in her American passport, you may need to show the exit visa that was used when she left China. China "not recognizing that Chinese citizens possess dual nationality" means that if someone really possesses Chinese nationality and a foreign nationality at the same time (according to each country's respective laws), China only recognizes the person's Chinese nationality, and does not recognize the person's foreign nationality. As a Chinese citizen, the OP's daughter should not be issued a Chinese visa.