Students & Tourists vs. Family & Fiances

[vibes1313]

One of my students who was accepted at Berkeley called the GZ pay number to set up an interview. Was interviewed one week later. Told his application was sent to D.C. for a name check. And had his, and his accompaning wifes, visas for 7 years in 4 weeks. But he had been to the U.S. twice before with his job at Intel. I think this was a big factor because the number 1 question at the interview is "how can we be sure you will return to China when 90 percent of the students don't?".

[Randy W]

Yes - one of the major factors for temporary visas is to be able to prove ties tothe homeland that will ensure your return at the expiration of the visa.

 

One of my friends' parents were turned down 4 times (for unknown reasons).

[david_dawei]

Yes - one of the major factors for temporary visas is to be able to prove ties tothe homeland that will ensure your return at the expiration of the visa.

 

One of my friends' parents were turned down 4 times (for unknown reasons).

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As the saying goes, "god knows, but he's not telling"... and so neither are they..

[Randy W]

and the poor students with visas that don't allow them to return home to China for 4 years, or bring any relatives here until they get their permanent residency.

[Randy W]

A student visa is turned into a green card when they have worked for a sponsoring company (i.e., a job) for a period of time (I think at least a year). I guess a marriage (and a K-3 application) could serve the same purpose.

 

A new hire at my company, Cindy (xxxx xxx) is a typical case - a four year degree from Wuhan University while waiting for her US student visa, then 4 years of graduate work at UT-Austin (including an internship last summer with us), got her PhD in May, and hired on as of June 15.

 

Since she first arrived in the US, she has been unable to leave the country. I have heard, however, that prior to 9/11, they were able to go to Mexico and be issued a re-entry permit. From Mexico, they were able to go to China, and re-enter through Mexico with that permit.

 

Now, however, they must re-apply for the student visa, which I understand can take 2 years!

[HanLi]

A student visa is turned into a green card when they have worked for a sponsoring company (i.e., a job) for a period of time (I think at least a year). I guess a marriage (and a K-3 application) could serve the same purpose.

 

A new hire at my company, XXXXXX is a typical case - a four year degree from Wuhan University while waiting for her US student visa, then 4 years of graduate work at XXXXXXX  (including an internship last summer with us), got her PhD in May, and hired on as of June 15.

 

Since she first arrived in the US, she has been unable to leave the country. I have heard, however, that prior to 9/11, they were able to go to Mexico and be issued a re-entry permit. From Mexico, they were able to go to China, and re-enter through Mexico with that permit.

 

Now, however, they must re-apply for the student visa, which I understand can take 2 years!

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can they go to mexico or canada now? I think I will start a new post on this question.....

[Randy W]

I can get you more details on Monday, if you'd like, but basically yes a summer internship is incidental to the schoolwork.

 

I believe that the student has a period of time after completion of studies, during which he/she may find a company to "sponsor" him/her and that this is the change of status which enables them to stay in the US, until they are eligible for a green card.

 

The key here is the company sponsorship of the applicant (basically meaning they got hired). I believe that this is very easy, and also allows a company to hire someone who currently resides in another country.

 

And, no, she's still single.

[david_dawei]

This is a very interesting topic...

 

The few chinese I know who are here working stated that they need a job [sponsor] to stay in US.. no job, no stay. None have ever mention the greencard...

 

Now you got our attention for monday posting !!

[Randy W]

The "no job, no stay" policy is in effect until the green card is received, after a period of (1, 2, 3?) years.

 

I can talk with several Chinese friends on Monday to find out more.

[HanLi]

interesting to note that the process is so skewed, and the decision making on who comes or not (on tourist visa) is without rhyme or reason......

[Randy W]

I'm not sure that we've heard of ANYONE coming here on a tourist visa, have we?

 

I think the family members fall in a different category, but I don't know what it is actually called.

[Randy W]

Apparently it is parents only - this from the Beijing embassy web-site:

 

Non-Immigrant Visas

Inviting Your Parents to Visit You in the U.S.

We frequently receive questions from Chinese students, workers, and residents in the U.S. who want to know how their parents can qualify to receive visas to enter the U.S. for tourism. In our experience, many of these applicants are eligible for visas, but a significant number overstay or fail to return.

 

In adjudicating visitor visa applications for parents of Chinese students, workers, and residents, our visa officers tend to focus on factors that help us determine whether the applicants possess compelling ties to China:

 

If the applicants have traveled to the U.S. previously, how long did they stay? If they stayed longer than 6 months, did they have INS approval to do so? Please have the applicants bring their INS extension approval notices to their interview

If the applicants have traveled to the U.S. previously, how long have they been back in China?

How many children and grandchildren do the applicants have in China?

Have the relatives in the U.S. ever returned to China to visit their families as is normal for foreign students, workers, and residents in the U.S.?

Are the parents active professionally in China? If so, what is their income and the nature of their work?

The answers to these questions relate to whether applicants can fulfill the statutory requirement of the Immigration and Nationality Act to show that they have a permanent residence in a foreign country that they have no intention of abandoning. In other words, persons who are absent from China for periods of a year or so may have trouble showing that they possess social or professional obligations in China that are sufficiently powerful to ensure that they will go home following a temporary stay abroad. Applicants are advised to be ready to address these issues during their visa interviews.

[Randy W]

GIGI SAYS (my Chinese friend at work) - that students in China wishing to study abroad (or anything else) in the US apply for admission to an American university.This is the part that takes the most time. When they are accepted with a scholarship or other means of support, they apply for an F-1 (student) visa. This process is similar to the B-2 process, but takes longer (maybe 2 months). She was (and still is) married, and was able to bring her husband with her on an F-2 (spouse) visa. He subsequently applied for and was admitted also.??When they graduate, they have a year before either the visa expires and they go home. or find a job, or re-enroll to continue their studies.??Gigi and Justin were able to find jobs without any problem, and are now permanent residents, and wondering if they will apply for citizenship or not.??

[vibes1313]

I'm curious how this would change if F1/F2 visa holders had a child born in the U.S. while attending school. Totally?