Immigration TALK: Questions & Answers

Apr 28, 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: Gail@Go2Lawyer.com.
Question #1:   I lost my certificate of naturalization. Do I need to reapply for one or will my U.S. passport be enough to prove that I am a U.S. citizen?
Answer #1:    The certificate of naturalization and certificate of citizenship are primary proof that you are a U.S. citizen. The U.S. passport is second proof. I advise you to file Form N-565 to replace your certificate of naturalization. The filing fee is US$345. Note, you should get a safe deposit box at the bank and keep items like your passport, birth certificate and certificate of naturalization safely stored.
Question #2:    My U.S. citizen sister filed for me since April 2001, how much longer do I have to wait?
Answer #2:   According to the February 2012 visa bulletin, visas for siblings of a U.S. citizen are being issued for petitions filed on or before September 8, 2000. So, you have less than a one-year wait. Assuming all required documents have been submitted to the National Visa Center, you will receive an interview notice from the U.S. Embassy when the visa is available.
Question #3:   My lawful permanent resident spouse filed a petition for me. Can I still apply for a visitor visa?
Answer #3:   Yes, you can apply but since you have an intent to live in the U.S., this may impact your approval for the visitor visa. Remember, to obtain a visitor visa, you must show strong ties to your native country and also that you have no intent to reside or overstay to live in the U.S.
Question #4:   Why was my tourist visa revoked?
Answer #4:   There can be several reasons why the U.S. Embassy revoked your visa. Some reason may be that you failed to meet the requirements for the visa; maybe you overstayed in the U.S. with your visa or maybe you made a fraudulent misrepresentation to the U.S. Embassy. I would advise you to seek an explanation from the U.S. Embassy, though one is not legally required.
Question #5:   I’m a lawful permanent resident. Can I apply for my fiancé?
Answer #5:   Unfortunately, the answer is no. Only a U.S. citizen can apply for a fiancé visa. A fiancé visa is not available for a lawful permanent resident.

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