aubry

Thanks for the replies. So no grace period for transferring students ?

Yep, I'll try if i can work things out. My concern now is how many days i could stay in the US if i don't enroll classes ? Cuz i need time to prepare & move my stuffs back to my country.

Talk to your school and see if you can work something out. My financial situation changed in the middle of my degree and I was late paying tuition which put a hold in their system so I couldn't register for classes. So I talked to the university and signed a note stating my situation and that I promised to pay as much as I could until I found alternative funds or a student loan. Then they let me sign up for classes and continue school. Later on I got a loan that paid for all the overdue tuition.

Talk to your school, ask around.. Good luck!

Hi all, thank you for your time in advance. I'm currently in college. Due to my financial crisis, i could only afford my study to next semester (around mid-September or the end of September). So my questions are :

How many days i could stay in the US after reporting to school that i'll leave after summer semester ? When is the best time to inform them ? Before enrollment of Fall semester or the last day of its ?

If i could find my way to solve my financial problem. I might transfer to another school. Will i have 60 days of grace period from the day i report to the school ? And is it ok that i inform them at the last day of summer semester ?

What if i couldn't find another school before grace period ? Could i just leave the US ? No need to inform the school ?

So she never took up residence in the US, just visited?

Unfortunately, never. Because we're not rich. She had lived with her sister and family.

Thanks RICARDO4EVA2 & Boiler.

Yes, she did travel a lot on & off from 2001 to 2008 Most of the time, she stayed for 6 months. There were around 3 times she just stayed for 3 months. "" That's why i said she's the worst case scenario. ">_<"

What were her reasons? Her evidence?

Medical. Her regular checkups for medication. She has hypertension and had a slight stroke 10 years ago but fully recovery after rehabilitation. Her right eye is impaired due to pre-retinal haemorrage affected in 2006.

A letter from doctor of hospital. But it basically states what her condition is and what medication she has been taking. (Seriously, nothing helpful of this letter when i first read it).

The staff said that lots of people who also have the same or similar illness same as my mum. But it's not that severe to make her not being able to get on the plane. So this is not an excuse.

Her records of entry and departure and the duration of her living outside of the US since 2001 to 2008.

My mum went to the appointment yesterday. After the staff (he was pretty nice) examined her documents before paying the visa fee. He gave some advices to my mum and honestly told her that the chances of her being approval is almost zero and suggested her not to waste the money. Because the documents she prepared for are so weak and inadequate. He's witnessed many people who tried the same thing but were being rejected based on his experiences. He also said that if my mum insisted to meet the consul. She could give it a shot. But it's just waste of money and she's gonna be sent away immediately. Unless, she could prove that she had surgery to make her not being able to get on the plane or some other serious diseases or she was in a prison. But with the documents of my mum had prepared for are just not good enough to convince the consul. Plus, the worst case scenario of her is that not going back to the US since 2008 and her GC is expired. The consul just simply hold it against her. Then, he suggested that i could try Diversity visa program. And he told my mum to sleep on it, come back and make another appointment whether she wanna give it a try after consult with me or having more solid evidences.

Since my case is already "dead". Will they send me back the documents i had submitted (birth certificate) after one year has passed ?

The guy was seriously trying to help us, i think. He spent over an hour to explain and told my mum about her situation is. There's no need to consult with an attorney of what my mum could do next, is there ? What you guys think ? Thanks in advance.

A visa number must be available at the time the visa is issued. A visa number is available to you now because your priority date is current. However, as Boiler noted, the cutoff dates can move backwards - called retrogression. If that happens before you schedule your interview, and if the result moves the cutoff date before your priority date, then there will no longer be a visa number available for you.

In other words, your visa must be issued before February 28, 2013, or before a retrogression that causes the cutoff date to be moved before your priority date. Nobody can predict with any certainty whether a retrogression will occur. There was a retrogression for employment based visas in 2007 and 2009. There was a retrogression of family preference visas last year. It happens occasionally.

Understood. So, the sooner i schedule the interview, the better i am, huh ?

Another question, what if my mom won't be approved for DS-117. It means my case will be died, isn't it ? Do i need to inform US consulate about it ? And i'll no longer to schedule the interview, right ?

So the HK US consulate has given my mom an appointment on March 22nd. And they also cancelled my original interview as per my requested. Now i just got this letter from them. Just wanna know what exactly they meant on some part that i'm not fully understand it. Here it is :

I refer to your application for your immigration visa. Section 203(g) of the immigration and nationality act requires that you apply for you immigrant visa within one year of being advised to do so. You were advised to do so on February 29, 2012 when we sent the Packet 4 letter or the packet 4(a) letter to you.

This letter serves as formal notification that your application and your petition will be cancelled on February 28, 2013 (one year from date of your first letter to you) if you fail to appear for a formal visa interview with a consular officer prior to that date........

Please be advised that since you did not appear for an interview during the original time period for which we allotted a visa number for you, a visa number (if required in your case) may not be available at the time you eventually schedule a visa interview appointment.

The last part of this letter is what i do not fully understand of its meant.

So, my mom went to the US consulate in HK & was going to apply for SB-1 yesterday. But she was told that she needs an appointment (She went straight there because as their website didn't state clearly that she needed to make an appointment). The lady who answered my mom's questions were so nice and gave us very useful & clear information of what we should do. Even told us to reschedule my interview (I heard it through the phone). Anyway, so i just sent out an email to make an appointment for my mom and asked for reschedule the interview. Hope they could reply us asap.

What is it that your mom is going to do on Wednesday? Start the SB-1 process? Unless you're certain she can complete everything before your interview, I would reschedule the interview. Before they'll issue a visa to you they will need proof of her domicile in order to accept her affidavit of support. This means her DS-117 application has to be approved, her SB-1 visa has to be issued, she has to return to the US and reestablish domicile, and proof of her domicile has to be submitted to NVC or the consulate. If you attend an interview before all of this has been done then you'd have wasted a trip to Hong Kong.

FWIW, what your mother is trying to do is contrary to the intent of US family immigration law, which is to reunite families. If she intends to stay in Hong Kong then issuing a visa to you would not serve the purpose of family reunification, and they would assume she's only trying to use her status as an LPR to pass out immigration benefits to her eligible family members. Consulates don't like it when people do this, and will generally go out of their way to try to stop them using whatever technicality they can find.

Thank you so much for the details & advices.

Yes, She's going to do the SB-1 process. And she'll be notified whether she'll be approved or not in 1 to 2 weeks as the U.S. consulate in HK states. Yeah, this is what i've been contemplating of reschedule the interview before her SB-1 process whether will be granted or refused. And, even going through the entire immigrant visa process again, right ? Cuz i also have to decide to register the new school before April. Should i go for it whether her SB-1 will be granted or refused ? Since there's noting i can do before that but waiting. (Sorry for my mumbling. I'm so stressed out by all these. That's why you might not understand what i'm trying to say).

You can go to the interview, but you won't be approved. Her affidavit of support hasn't been accepted yet because they want proof she's domiciled in the US. Until they get that proof they won't accept her affidavit of support, and you can't get a visa. The consulate in HK will probably give you a blue slip for the proof of domicile. They may also revoke your student visa since you are outside the US, and have proven immigrant intent. If it were me, I'd cancel the interview and tell them you'll reschedule after you've resolved the affidavit of support issue.

If your mother is going to try to get the SB1 then I suggest she get started quickly. The process can be time consuming. It usually involves TWO applications and TWO interviews. The first application is a DS-117, which is a request for the consulate to determine her status. She'll need to pay the filing fee for the DS-117 ($380), and include her green card, proof of travel dates outside the US, and whatever evidence she's using to claim that her absence was unforeseen and beyond her control. If the DS-117 is approved then she'll be scheduled for a regular immigrant visa interview, which means submitting a DS-230 (with fees), medical exam, the whole nine yards. Once that's approved she'll get an SB-1 visa. She'll get a new green card when she reenters the United States. This whole process could take several months, but it's still faster than a new immigrant visa petition.

Actually, my cousin is my joint sponsor since my mom doesn't have enough income. So they only need the proof of domicile of her because she's been staying outside of US for so long, i think. Any idea of how long for reschedule the interview takes ? What if they declined my interview. Does it mean that i'll be rejected to try again under my mom's petition ? And would i get all the documents back that i'd submitted ? BTW, why would they take away my student visa. I mean, they knew that i have immigrant intent when i applied for student visa. I wrote it on the form. So, they should have known it better than anyone else.

She's going to do it on Wed. If she got approved. Should i attend the interview on April 26th or wait until she got passed the regular immigrant visa ? What the smart moves are ? Thanks a lot !

Your mother was required to file taxes on any money she made. It looks like she abandoned her residency and is only trying to revive it to support your application. There doesn't seem to be a viable way to do this especially before your interview. Without current valid US residency by your mom ( which you have already been asked for proof of ) your interview will fail. At this point it looks like she will have to re obtain a green card and file for you again , this time keeping her US residency and you will have to wait all over.

Re : Brolier

Sorry again that she doesn't have much thing in the US all i could think of, sighhh

Re : NigeriaorBust

Yes, that what i thought too. The motivation of reestablishing her residency is so obvious. But isn't it what US consulate asking for ? I mean, i can't even open an bank account, sign a lease, renew her id card without her existence in the US. Also, i'm running out of time to get all the things done before her reviving it. Now, we're just giving a shot to go and apply "returning resident visa". Let's see how it goes.

Just wondering ! What would you guys do if you're in my shoes ? Go back HK and have the interview no matter she get approved or not ? Thank you in advance !

What did she leave in the US?

She doesn't own any property in the US. Cuz we're not rich. She has been living with my Aunt ever since she became as LPR. As far as i know is that she applied and got an id card in 2008.

BTW, does anyone know what my mom has to put on Question 8b Immigration catergory and Question 8d Adjustment of status on Form DS-117 ? And question 10, (what continue ties have you maintained with the United States ? What efforts have you made to avoid abandoning your permanent resident status in the United States ?) Any suggestion for these questions ? Thanks a lot !

They will expect proof such as a valid green card. Anyone can get ID or po box in the US. Has she filed taxes in the years she was gone ?

Unfortunately, she has never worked in the US. She still has the expired GC & ID with her.

No proof of any kind would be accepted until she can reestablish her permanent resident status. She's got to try to get the returning resident visa first. After that, she needs to return to the US to reestablish her domicile here. Simply being present in the United States with her name on the lease of an apartment would be sufficient proof of domicile.

So, you mean before she reestablishes her status. I can't do anything ? Not even go to the interview ? But the date has been given. What should i do ? Postpone the interview ?

Could renewing her expired i.d. card help as a proof of domicile in the US ? If so, i could do it online now.

................ When the NVC request information from the applicant/petitioner and it's a small part of the process for example - Missing information on Part 4 on the DS-230. They would still complete the case and notify the applicant on the interview letter that he/she should bring the missing/requested documents to the interview.

Are you here legally in the USA..? You mentioned you are currently in F1 status - are you enrolled in school and have maintained your legal status..? If yes - then you maybe eligible to have your interview in the USA for An Adjustment of Status. Since the case was completed/forwarded to the Hong Kong Consulate you'd need to request the case be forwarded to USCIS for AOS reasons. You'd be requested to file the Form I-485. If you have not maintained your status then your interview was set in the right place.

Yes, i just finished my school. And i'm in a "grace period". Which means it allows me to have 60 days to find school. I found one and planned to transfer to that school. I guess it's possible to have the interview in the US just like you mentioned. But the first thing is that my mom needs to reestablish her Permanent Resident status. Because i don't think my interview will be approved before my mom recovers her status.

Should she only apply for returning resident visa ? Based on the website of US consulate in HK says :

(A former immigrant who has lost U.S. resident status and desires to return to the United States must do so using a new immigrant visa based on either an approved immigrant petition or returning resident status.The immigrant may apply for returning resident status. An application for returning resident status requires evidence of the applicant's continuing, unbroken ties to the United States, evidence that the stay outside the United States was truly beyond the applicant's control and evidence that the intent of the applicant was to always return to the United States.

His mom is an LPR, and she's been in Hong Kong since 2008 without a reentry permit. NVC apparently caught onto this because they asked for proof that his mother was domiciled in the US. Since she's abandoned her residency it would be pointless to try to get the petition returned to USCIS for an AOS interview. Unless his mother can get a returning resident visa and reestablish domicile in the US then he's not going to be approved.

What kind of proof can be consider as domicile in the US ?

Just opened it. I was told that NVC has completed the processing of my petition & was given an interview in April in HK. But the thing is that i'm currently in the US as a F1 status.

Can i do the interview in the US ?

Another thing is that last time I was asked to send them the proof of my mom's domicile in the US which i haven't sent to them. And now they told me my petition has completed and gave me an interview date. It's really confusing. Aren't they need that proof before having me the interview ?

It doesn't matter when her green card expired. She didn't lose her permanent resident status when the green card expired. She lost it when she stayed outside the US for more than a year without a reentry permit.

A DS-1200 is a high-speed envelope stuffing machine by Neopost Corporation. I have no idea why the NVC attorney sent you an email referencing that machine. Why don't you open the email and see?

First of all, thanks for the reply from JimVaPhuong & Brother Hesekiel.

I haven't done anything ever since the last reply. Though, the chances of my mom to reestablish her GC status would be extremely small. She's still gonna give it a shot. Also, just found out that her GC was expired on Dec 2011 instead of July 2011. But it doesn't make any different, i guess.

Anyway, what i'm going to say is that i just got an email from NVC attorney. And its subject is (P4 FOR NEOPOST DS-1200).

What's it about ? I haven't opened it yet. Does anyone can tell me ? Thanks a lot !

Yep, that's what i thought. No wonder it took so long for me to be contacted by NVC. I always thought that once you filed for the immigration visa/petition or whatever they are. You'll have to wait for being contacted by NVC. I remember there was a letter from NVC a while back. It said that they'll send me some packages. And told me to wait. Anyway, it doesn't really matter now. There's nothing i can "save" my self. Hope someone out there will not make the same mistakes as i did. All the best !

Thanks again for all your kindness !

First of all, thanks for the quick response.

The petition was filed in around 2003. Then, i've been waiting the notice from NVC. Finally, I got their notification of asking me if i still wanted to proceeding my case.I should've gotten their letters or emails in 2009. Like i said, for some reason i didn't receive any.

Sadly, she has never worked in the US. Yes, she wants to move back to the US.

Yep, i know there is only a slight chance for her to recover as a LPR,

Here's another question. So, why would NVC still ask me if i wanted to proceed my case ? I think they should have known my mom has already lost her status.

Here's my situation. After my mom had gotten her 10 years green card in 2001. She filed a petition for me in 2005. Cuz i was over 21 at that time. Anyway, i was supposed to file my application in 2009. Somehow, i missed the mails from NVC. So i ended up paying $500 to re-resume my case last year. It's been good during filing my application & preparing for the documents.

Until my mom submitted affidavit of support for me last month. I think it's just one step closer for me to be given an interview. But now the NVC requires my mom to provide proof of U.S. domicile. Is it a must ? Or would it be because of my mom wrote down the H.K. address as "country of domicile" on form AOS ? Cuz she went back to HK since 2008. Since she needs to have the regular check-ups in order to get the medicines she needs. (Every 6 mths). And never come back to the US. The thing is that she doesn't have any proof for U.S. domicile. Nothing i can think of is useful. No bank account, no property, no driver license. (she's in her 60s, never work in the U.S.) Only an i.d. card which expired in 2009. Plus, the worst part is her GC has already expired last July.

So, now my questions are :

1) Does she need to reapply an immigrant visa & renetry permit to reestablish her status or renew her GC only ?

2) Does she has to do it in U.S. consulate in HK ? (I contacted them 3 days ago. But i was told that these matters will be taken by CBP. So they just gave me a website of CBP. After reading the instructions. It says that i have to contact USCIS. So i did call them. And basically, USCIS just told me the same instructions i could find on their website. Which means my mom have to do it all over again as to reapply an immigrant visa & renetry permit.

3) What if i could find any proof of U.S. domicile of her ? Can/should i send it to NVC even her GC is expired already ?

I honestly have no faith in her of obtaining a new visa & being able to reestablish her status. Based on what documents she should prepare for a new visa and the difficulty from U.S. consulate. The evidences she has are so weak, i think. Also, i know it takes a long time for her to get the new visa & renentry permit. By the time, she get approved. All the documents i had submitted will be expired (they only keep it for one year, right ?).

So, i just wanna know what opinions you guys have in mind. There's no move i can make. I'm kinda given up already.

Thank you so much for reading my story !

Aubry