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ImmigrationTALK: Questions & Answers

Apr 21, 2012 News

 

By: Attorney Gail S. Seeram

Through this “Question & Answer” column, our goal is to answer your immigration questions.  Many of you have questions on backlog time and eligibility – we seek to clarify these issues and more.  We appreciate your comments and questions.  If you have a question that you would like answered in this column, please email: [email protected].
Question #1:    My daughter, a U.S. citizen, is sponsoring my husband and me.  How long is the processing time?
Answer #1:     As a U.S. citizen, your daughter (assuming over age 21) can file a sponsorship petition for her biological or adoptive parents.  Assuming you are outside the U.S., the processing time is about nine months to one year.  Note, a separate petition must be filed for each parent – one for her father and one for her mother – it cannot be combined.
Question #2:     I was wondering how I could find out about my mother’s case. I recently turned 18 and want to know about my mother’s immigration file. She never explained to me why she decided to leave the U.S. in 2008.  Is it still possible for me to obtain a copy?
Answer #2:    Due to various privacy laws, only your mother can request a copy of her immigration file.  We can prepare a Freedom of Information Act request but she would have to consent for her file to be released.  The processing time is about six to none months to get a copy of an immigration file.
Question #3:    If a petition was filed for me by my mother in 2008, and I would still like to apply for a visitor’s visa, would my chances for being granted a visa decrease (because of the petition that was filed)? If yes, why?
Answer #3:    Yes.  The main requirement for a visitor visa is to show that you have no intention to remain in the U.S.  With a pending immigrant petition, the Embassy may not be inclined to give you a visitor’s visa since you already have immigrant intents (based on the pending petition filed by your mother).  This same issue may arise upon a visitor visa renewal once the Embassy becomes aware of a pending immigrant petition.
Question #4:    My mom is a US citizen and filed for me in 2009 as Family 2B preference, she got the approval letter in 2010. How much longer do I have to wait before I get to the U.S.?
Answer #4:    According to the April 2012 visa bulletin, for Family 2B, visas are being issued for petitions filed on or before January 15, 2004.  So, you have about a five-year wait from today.
Question #5:    Has the threshold age at the U.S. Embassy really changed from 21 to 25?
Answer #5:    No, to qualify as a “child” you must be under age 21 at the time the visa is available at the Embassy.

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