DOS Letter on Section 154 of the INA

October 19, 1995

H. Edward Odom
Chief, Advisory Opinions Division
Visa Office
Department of State
2401 E Street NW
Washington, D.C. 20522-0113

Re Chi Yuen Michael YEUNG

Dear Mr. Odom:

We are writing to you concerning an issue on extended validity pursuant to the provisions of Section 154 of the Immigration Act of 1990.

Our client who is the single adult son of a lawful permanent resident alien was issued an immigrant visa at the American Consulate-General in Hong Kong following his interview on March 7, 1995. At that time, he opted to extend the validity of the visa to January 1, 2002. He now intends to be married in September, 1995 to a native of Hong Kong. It is clear from Note N.2a to Section 42.72 of the Foreign Affairs Manual that his prospective marriage will not serve to invalidate the visa that has already been issued to him. However, it is not clear whether he will first have to immigrate alone, and then file a family- based 2A petition in her behalf, thereby subjecting her to a further waiting period of 3-4 years.

It would therefore be appreciated greatly if your Department could issue an advisory opinion addressing our client's concerns. Thank you in advance for your time and consideration.

Sincerely yours,

Jeffery J. Rummel

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November 6, 1995

Mr. Jeffrey J. Rummel
Attorney at Law
Suite 400
170 Columbus Avenue
San Francisco, CA 94133-5114

Dear Mr. Rummel:

This is in response to your letters of September 6, 1995 and October 19, 1995 concerning the immigration requirements under Section 154 of the Immigration and Nationality Act (INA), as amended for the prospective wife of your client, Mr. Chi Yuen Michael YEUNG.

As you have noted in your letter, Mr. Yueng's prospective marriage will not invalidate the visa he was issued in March 1995. However, we believe, and the Immigration and Naturalization Service (INS) concurs, that there is no provision in the Immigration and Naturalization Act which will accord status to Mr. Yeung's wife especially as his entitlement to receive a visa was based on his single marital status. After your client marries he may file an I-130 petition on behalf of his new wife with the INS office in Hong Kong.

I hope this has been responsive to your inquiry.

Sincerely,

H. Edward Odom, Chief
Advisory Opinions Division

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