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Q - A
green card holder filed an I-130 in 1991 (which was approved in 1992 for his
wife). All the children are included on the petition as derivative
beneficiaries in F-2A family category. One son has now turned 21, but the
priority date is almost current for F-2B from
He was
and is a beneficiary. The petitioner is still alive and still has a green
card. Does the fact that the primary beneficiary died void the petition?
A - The
State Department Foreign Affairs Manual addresses this subject:
42.53
N8 Death of Principal Beneficiary
(TL:VISA-61;
6-5-92)
In the
case of the death of the principal beneficiary prior to admission to the
The
problem in this case is that the children are derivative beneficiaries and the
death of the mother, the principal beneficiary, means the children lose their
place in line. If the father had filed separate I-130s for each child in 1991,
then this would not have been a problem. There are provisions in the law that
protect beneficiaries in the case of the death of a petitioner, but those laws
don’t come in to play here.
*****
Q - I
am currently on an F-1 student visa, and want to start an investment club as a
partnership.
Currently,
about a dozen of my fellow students want to pool together our money to invest in
stocks together and to safeguard our own interests we will like to set it up as
a partnership. Being foreign citizens on an F-1 student visa, will this be a
violation of our status to be a partner of an investment club? If not, what
other legal alternatives do we have to safeguard each person’s stake?
A -
Investing in the stock market has traditionally been viewed as a passive
activity that does not constitute employment. While I have never seen this
specific question addressed, my assumption is that this would be treated the
same way as investing on your own. Setting the club up as a partnership is going
a step further than simply investing personal funds, but I doubt that act itself
would be the step that raised this from a passive activity to meeting the
definition of "employment" under immigration law.
*****
Q - I
am a permanent legal resident. My current green card is valid until 2015.
I have been married to a
A - You
should just need the green card and your unexpired passport to get back in to
the
*****
Q - I
filed an I-485 and I-140 employment-based green card case together for me and my
family by virtue of an approved labor certification in July 2007. I have a son
studying overseas who will turn 21 in April 08 and he was not included in the
application for change of status because he is not in the
A -
Your son might be eligible to apply for an immigrant visa as your derivative
beneficiary, but it depends on a number of factors: 1) What preference category
your I-140 was filed under; 2)what your priority date is; 3) when your priority
date became current under the visa bulletin; 4) How long it takes USCIS to
approve your I-140; and 5) (if a visa is not currently available) When a visa
again becomes available for your petition.
For
there to be any chance for your son to apply as your derivative, you will need
to file a Form I-824, if you have not done so already. Your immigration lawyer
should be able to help evaluate whether your son will qualify after you go over
the above-stated questions.
*****
Q - I
have worked in the
A - If
you’ve remained outside the