朋友夫妻携子回国探亲,父母485 PENDING,持有AP,小儿的485因送出时填表有误,被移民局REJECT,然后就落入等待的队伍(INS再以排队理由不受理改正的申请)。现在的问题是,此小儿在国内申请H4时,被签证官以父母已申请移民,非移民签证H4不应该给申请移民的人为借口,没有签发,说要咨询USCIS再说。
我们的理解是此签证官不很理解此类情况。小儿的签证应该会下来。
各位有知道相关法律或情况的,请给出出主意或提供些看法。非常感谢。
Parents have filed I-140 and I-485, I-485 IS in pending status.
parents have received Advance Parole and planed to use it to return to the United States.
The son's I-485 was not filed appropriately and rejected, therefore the son does not have Advance Parole. However he has H4 status till 2010.
When the son accompanied by his father went to the US embassy in Chengdu, the visa officer refused to issue H4 visa to him because the parents have already filed the immigration petition I-485 and received the Advance Parole. The officer said she will contact USCIS to get a firm answer and then contact them.
Does anyone has similar experience or understand US immigration law so that he can give us any hints to this case? What will be the best way to deal with it if the visa officer finally reject it?
THANKS A LOT。