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ImmigrationTALK: Questions & Answers

May 19, 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 grandmother had filed a petition in 2010 for my mother and myself. Her papers were filed as single. I am now 20 years old and would like to know how long will the sponsorship take and will I be able to go. I have heard that persons who are over age 21 cannot travel with their families. Is that true?
Answer #1:     If your grandmother is a U.S. citizen then visas are being issued for petitions filed on or before May 2005, so your mother has a five-year wait.  If your grandmother is a permanent resident then visa being issued for petitions filed on or before February 2004, so your mother would have six years wait.
Since you will be over age 21 when the visa is available, you may not be eligible for the visa with your mother.  However, at the time the visa is available, you should speak with our office to see if you are eligible for the visa under the Child Status Protection Act.  The Child Status Protection Act is a law that allows children who are over age 21 to still get an immigrant visas if certain conditions are met.
Question #2:     My mother is a U.S. citizen.  She filed for my wife and I in 2008 as F3 preference. How much longer we have to wait because my eldest child will be 21yrs old next year.
Answer #2:    According to May 2012 visa bulletin, visas are being issued for F-3 petitions filed on or before March 2002.  So, you and your wife have about a six-year wait.  See answer to Question #1 for the age-out issue relating to your child being over age 21.
Question #3:    My husband has been sponsored by his parents and five years are up for his parents over there, how much longer will he have to wait? Also I am married to him but not legally and as well have a child for him. Will I get to go with him at the same time?
Answer #3:    The parents are probably permanent residents and they can only file for an unmarried child.  If the parents become U.S. citizens then they can file for a married child. He can only marry you once his parents are U.S. citizens.  If you are not legally married, then you cannot come with him.
Question #4:    I saw your column in the newspaper and loved reading it. I have a question and I hope you can help me. My grandfather filed in 2005 for my mother and our family and her sisters and family.  He died in 2009. My uncle (my mother’s brother) took over the sponsorship.  One of my aunts is a widow.  I was wondering how long do we have before we can obtain a visa. My grandfather was a US citizen and so is my uncle.
Answer #4:    When a petitioner dies the petition is void.  I’m assuming your uncle filed for reinstatement and it was approved.  Reinstatement can take about one year before getting a decision.  The petition keeps the original priority date – so 2005 would be the priority date for F-3 preference.  Right now, visas are being issued for F-3 preference for petitions filed on or before March 2002.  So, assuming reinstatement approved, you have about a three-year wait.

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