exams required in HK but he's already in US

[pearlbb 0]

hi everyone, my parents have a serious issue right now. the lawyer we hired in back in Cali's been disapearred, phone's not working, website's down. i can only ask help from here.

my mom filed a I130 for my stepdad back in 03. we finally received the body exam letters today, however, it is sent from HK telling him to acquire the physical exams in HK. my stepdad came here with his student visa, which had expired, also his hk passport, so he cant go back.

i tried to call the national visa center hotline but it's busy all the time.

along with the physical exam letter, they are also asking for police reports from HK. but back in 05 during the process, the HK government already sent us a letter saying since HE　ｉｓ　ｈｅｒｅ　ｉｎ　ＵＳ．　ｔｈｅ　ｐｏｌｉｃｅ　ｒｅｐｏｒｔ　ｗｏｕｌｄ　ｇｏ　ｄｉｒｅｃｔ　ｔｏ　ｔｈｅ　ｉｍｍｉｇｒａｔｉｏｎ　ｃｅｎｔｅｒ　ｉｎ　ＵＳ．　

ｉ　ｄｏｎｔ　ｋｎｏｗ　ｗｈａｔ　ｉｓ　ｈａｐｐｅｎｉｎｇ，　ｍｙ　ｐａｒｅｎｔｓ　ｂｅｅｎ　ｌｉｖｉｎｇ　ｔｏｇｅｔｈｅｒ　ｆｏｒ　ｙｅａｒｓ，　ｎ　ｗａｉｔｉｎｇ　ｆｏｒ　ｔｈｉｓ　ｎｏｔｉｃｅ　ｓｉｎｃｅ　０３，　ｔｈｅｙ　ａｒｅ　ｖｅｒｙ　ｃｏｎｃｅｒｎｅｄ　ａｔ　ｔｈｉｓ　ｍｏｍｅｎｔ．　

ｉｆ　ｓｏｍｅｏｎｅ　ｋｎｏｗ　ｗｈａｔ　ｔｏ　ｄｏ，　ｐｌｅａｓｅ　ｌｅｔ　ｍｅ　ｋｎｏｗ．

ｔｈａｎｋｓ！！

[YuAndDan 153]

Not a good situation.

Firstly an LPR can apply for an immigrant visa for a spouse, and the spouse can visit the USA while the petition is being processed, BUT they must not overstay the visitor's visa, this is going to be the big problem, your step dad's visa is now ready to be interviewed for but he is going to have a big problem, that is the visa interview must be conducted at the consulate in HK, and the moment he leaves the USA, a bar on re-entry will be put in place because of the over-stay, and the consulate will then need a waiver filed in order to issue the visa.

Only other thing I can think of is if your mother has I-130 approval notice, your step father may be able to file the I-485 to adjust status based on a visa number being available "a" on the I-485.

This is a complex situation best handled by a good immigrations lawyer, your step dad should not leave the country until a lawyer has a chance to look at his options.

[pearlbb 0]

thanks for ur answer

yea, they met while he was here on student visa. and it was the paralegal that told them it is Ok for him to stay because he is "in process", otherwise, my parents would have done what is right for the situation, but they didnt know. and now the paralegal in LA had disappear we have no one to go complaint to.

my dad had receive a tax id number, and seems like we been told there are other people that began the process and stayed here since then on their student visa. so we thought that was the right thing to do.

and yes my mom had the I-130 approval notice since 03.

i called the visa center hotline but they directed me to the washion center which only open 9-5. will have to wait till monday to find out.

o, and btw, my mom's been natualized last year, does that help the situation a bit?

Edited February 23, 2008 by pearlbb

[youtube 0]

Find a GOOD attorney ASAP

If your dad get's deported, he'll have a hard time getting back.

In fact if they catch him, he could be held in detention for an extradition hearing, which can be there for several months. If he loses, he's on the next plane out.

I have heard of others getting caught and spending months in prison awaiting extradition hearing. Especially if they are fighting the it.

.

And then you will be spending losts of money on attorney fees just to try to keep him here with no guaranty of winning.

Don't wait.

[jula 0]

o, and btw, my mom's been natualized last year, does that help the situation a bit?

(for some reson I can't read the last half of your first post, so if I ask things that have been said -sorry)

yes, a lot .. he may be able to file for adjustment of status in the USA. Hopefully, his overstay wan't play a role since he is now a spouse of USC.

your parents should inform NVC/USCIS/HK consulate? that they will not procede with counsular processing but filr for AOS. I hope someone here will be able to tell you the procedure for that...

[YuAndDan 153]

thanks for ur answer

yea, they met while he was here on student visa. and it was the paralegal that told them it is Ok for him to stay because he is "in process", otherwise, my parents would have done what is right for the situation, but they didnt know. and now the paralegal in LA had disappear we have no one to go complaint to.

my dad had receive a tax id number, and seems like we been told there are other people that began the process and stayed here since then on their student visa. so we thought that was the right thing to do.

and yes my mom had the I-130 approval notice since 03.

i called the visa center hotline but they directed me to the washion center which only open 9-5. will have to wait till monday to find out.

o, and btw, my mom's been natualized last year, does that help the situation a bit?

Your mother's naturalization will be a big help, adjustment of status based on marriage to US citizen is a possibility.

Again consult a lawyer, this may require, contacting the consulate in HK, and getting the current I-130 canceled or moved back to the USA for adjustment of status.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

May be a matter of attaching a copy of I-130 approval letter, and a copy of naturalization cert to the I-485.