GC suggestions, information, help...

[Dennis143]

I guess it's about time I posted this. Leiqin has now been in America over 6 years without returning home. The good news was, she was given Asylum status, so she could stay forever. The bad news was that she could not leave the country and return. She would need her GC first. And, Asylees are put on the lowest priority. They typically may wait up to 8 years before receiving their GC. So, my first priority after marrying was to adjust her status, get her GC and send her back to China. We had our AOS interview last May. We're told the usual "Wait 6 months and if you haven't heard anything contact us." So we waited. Everyday expectantly checking the mail - nothing. November we have an INFOPASS interview. The officer tells us her biometrics has expired. Everything is on hold until she gets fingerprinted again. He could tell the look of disgust, disappointment and dispair on my face. I asked, "What do we do now?" Leaning down and putting my ear next to the opening at the bottom of the 1" thick plexiglas, I tried my best to hear what he said. I was happy to hear that he scheduled her for another fingerprinting not far from where we were in downtown LA today. I asked him what do we do after the fingerprinting and how long do we wait for her GC. He said something about scheduling another interview. I asked, "INFOPASS?" I think he said NO, schedule with another interviewing officer, but this is where I am confused. I really don't want to have to go through another year just to learn that there's something else missing. What do we do now, just wait? Any suggestions, information, advice would be appreciated. Thanks

[NY-Viking]

This is a bit beyond the run of the mill AOS questions on the Candle. You may want to consult with an immigration attorney. Sorry I can't provide any suggestions.

[A Mafan]

I'm a little confused...if she needed asylum, isn't it dangerous to send her back?

[Randy W]

So far, we're in the same boat. Our interview was in June. Can she apply for AP?

[tonado]

Dennis,

 

Why do you want to send her back to China?

[SirLancelot]

Dennis,

 

Why do you want to send her back to China?

 

I didn't know about her asylum status before but I know that Leiqin has been wanting to return to China (temporiarly) to see her family for a long time. I've suggested to Dennis about getting AP for Leiqin before. I hope she's able to get it soon.

[Dennis143]

OK, to all who don't know my wife's background...

 

Leiqin and her son, Ning, came to America in July 2001 on a K1. She married an older gentleman, who died 8 months after they married. His family fearing that Leiqin may try to take his property from them, lol put her and her son in a motel and gave them $230. The motel owner felt sorry for her and gave her a job cleaning the motel rooms. He also found legal aid for her and Ning. The attorney's petitioned and they got refugee asylum. The rest is a history of her working at various jobs with various Chinese employers within the Chinese community for the next 5 years to put Ning through college, (Ning recently gradutated with a BA in physics from Cal Berkeley).

 

I want to send her back to China to visit her family and especially her 90 yo mother before she passes on.

 

The IO said that we could apply for AP and I suppose that's what we'll have to do.

[Mick]

Sorry to hear of the continuing delays, Dennis. I am always amazed by the expiring fingerprint thing. I can understand how a physical expires, but fingerprints are another thing entirely. If you have followed our case, you know how many times Li has been fingerprinted.

 

As for asylum, I don't have a clue as to how to proceed on AP or if the process is any different. Maybe Don or Frank might have some idea. Best of luck with all this and please, keep us posted.

[LeeFisher3]

Sorry to hear of the continuing delays, Dennis. I am always amazed by the expiring fingerprint thing. I can understand how a physical expires, but fingerprints are another thing entirely. If you have followed our case, you know how many times Li has been fingerprinted.

 

As for asylum, I don't have a clue as to how to proceed on AP or if the process is any different. Maybe Don or Frank might have some idea. Best of luck with all this and please, keep us posted.

The USCIS has a policy for finger print expiration, which is completely different from the FBI, it has been the cause of difficulty for the longer running cases.

[Dennis143]

Sorry to hear of the continuing delays, Dennis. I am always amazed by the expiring fingerprint thing. I can understand how a physical expires, but fingerprints are another thing entirely. If you have followed our case, you know how many times Li has been fingerprinted.

 

As for asylum, I don't have a clue as to how to proceed on AP or if the process is any different. Maybe Don or Frank might have some idea. Best of luck with all this and please, keep us posted.

Yes indeed, Nick. I immediately thought of you and Li, when I was told that everything was on hold due to her fingerprints expiring. Makes you wonder why we just don't have annual citizen fingerprinting day each year.

Edited January 27, 2007 by Dennis143 (see edit history)

[Mick]

Dennis, I can't really give you anything that's certain. I'd be cautious about trying to use AP, though. To be safe, I'd wait for the green card.

 

There are other situations where one is in limbo and may very well be given AP. But if they use it, they get locked out. I'm only saying to be very cautious about taking that approach.

Dennis, I think Don makes a very good point here. Better be safe than sorry. I know she needs to go back to visit her elderly family members, but considering she has asylum, it might be best to wait for the green card. From my experience with this government agency, about the only thing you can expect is usually the worst.

[Dennis143]

Dennis, I can't really give you anything that's certain. I'd be cautious about trying to use AP, though. To be safe, I'd wait for the green card.

 

There are other situations where one is in limbo and may very well be given AP. But if they use it, they get locked out. I'm only saying to be very cautious about taking that approach.

Dennis, I think Don makes a very good point here. Better be safe than sorry. I know she needs to go back to visit her elderly family members, but considering she has asylum, it might be best to wait for the green card. From my experience with this government agency, about the only thing you can expect is usually the worst.

So, when will she get her GC?

[SirLancelot]

Dennis, I can't really give you anything that's certain. I'd be cautious about trying to use AP, though. To be safe, I'd wait for the green card.

 

There are other situations where one is in limbo and may very well be given AP. But if they use it, they get locked out. I'm only saying to be very cautious about taking that approach.

 

Don, I don't disagree that one may be locked out when returning on an AP, but doesn't that equally apply to a GC? Unless one is a citizen, there is always a chance of being denied entry at the PoE. A GC does not guarantee entry either. Only US citizenship guarantees entry. Do I have this wrong?

[SirLancelot]

You are correct, Sir. Although it's extremely unlikely that a LPR would not be allowed entry.

 

I cautioned Dennis because his wife, if I'm not mistaken, is adjusting from asylum status. This is not very common and the first for CFL. Although USCIS may issue her an AP, it may be rejected if tries to enter using it. Personally, that's too much of a risk for me. I'd keep my wife here until she had her green card to travel on in a similar situation.

 

Ok, I see and understand your concern Don. It probably would be more risky. This really does suck for Dennis' wife, as it's been over 6 years since she's seen her mother.

 

I hope she gets her GC soon!