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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7305
Experience:  Experienced in all aspects of immigration and nationality law.
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What is best course for a Chinese female citizen with a 10

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What is best course for a Chinese female citizen with a 10 year old American son whose husband was deported back to China and who lived in US for more than 10 years now on an A-10 visa that does not allow her to visit China to see her ailing mother and be able to return...what is best and quickest way to allow her to see her mother and return? If there is a way, what is shortest time this can be done?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Expert James replied 10 months ago.
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I'm confused. There is no such thing as an A-10 visa in US immigration laws.

 

Why can she not go back to China? Did she apply for asylum in the US?

Customer: replied 10 months ago.

She did apply for asylum maybe H-10 visa or something that sounds similar

Expert:  Expert James replied 10 months ago.

Michael,

 

There is something called an H-1B visa, but not an H-10 visa. And the H1B is an employment based visa, not a visa through asylum. Did she get her actual green card from the asylum case? Did she get approval for asylum? When did she do that?

Customer: replied 10 months ago.

She has made some very wrong choices about going about getting a green card which she doesn't have. I believe its a H-1B as you described since she did apply for asylum and was granted about 7 years ago. She wants a chance to see her mother possible before her mother dies which is the time it would take for her 10 year old son to become 21 and for her to be granted a green card. Is there some where with her current visa to visit and return. Or, what is the fastest way given the situation of illness with her mother for her to see her mother and be able to return to US?

Expert:  Expert James replied 10 months ago.
Michael,

An H-1B is an employment based status. It is not in any way related to the asylum. And if she was granted asylum 7 years ago, then she should have gotten a green card already. So something is not right here.

If she was granted asylum from China, she should not travel there unless the country conditions from which she sought asylum have changed significantly, and she is no longer at reasonable risk of being persecuted. Otherwise, if nothing has changed, and she goes back with asylum, the US government can revoke her asylum, and she can end up stuck in China. If she is really scared, why would she go back. That's what the US government would say. This does not happen to everyone, but if she decides to go, it is a very big risk she is taking. Again, she can lose her asylum status. I realize this is a very important thing for her to do to see her mother, but she has to make that decision knowing the risks, which are high.

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Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7305
Experience: Experienced in all aspects of immigration and nationality law.
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