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ImmigrationTALK: Questions & Answers

Jul 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: [email protected].

Question #1:    I am a U.S. permanent resident for 3yrs, if my fiancé comes to the U.S. on a 10yrs multiple visitor’s visa can she stay if I marry her? If yes, what do I have to prove to the Immigration Authorities for this to get legal status in the U.S.?
Answer #1:     I would advise against your fiancé coming to the U.S. and over staying.  Since you are only  permanent, a visa for your spouse would not be immediately available.  According to the July 2012 visa bulletin, visas for the spouse of a permanent resident are available for petitions filed on or before February 2010 – so there is a two-year backlog.  She would not be permitted to remain in the U.S. for two-years without status.  Only the spouse of a U.S. citizen can overstay and obtain a green card in the U.S. without any penalties.
Question #2:     My sister who is a U.S. Citizen has made a petition for me and my brother since 2005. At that time we were both single. However, a lot of time has elapsed and we both got married and my brother has a baby; I don’t have as yet. I would like to know how much longer we will have to wait? Would our family be able to go with us when our papers finally come through?
Answer #2:    According to the July 2012 visa bulletin, visas for the brother/sister of a U.S. citizen are available for petitions filed on or before January 2001 – so you have about a four-year wait.  Your family such as your spouse and children (once under age 21) are included in the petition and can get visas under the petition.  Make sure their names are added to the petition when the petition is processed at the National Visa Center and the U.S. Embassy.
Question #3:    My mother, who is a U.S. citizen, filed for me and my son six years now, my priority date is April 1, 2006 and I am a F1 category. I submitted all the documents they required since February 2011 and to date I haven’t heard back from the Visa Center.  Now I would like to know if all the documents I submitted are expired, what has happened to our Police Clearance etc? Also my son has acquired the age of 21, what will happen to him on my appointment? Will he be able to go with me?
Answer #3:    According to the July 2012 visa bulletin, visas for an unmarried child of a U.S. citizen (F1) are available for petitions filed on or before July 2005 – so you have about a one year wait.  When the visas are available, you will probably have to resubmit updated medicals, police clearance and affidavits of support to the U.S. Embassy.  As for your son, when the visa is available, you will have to recompute his age under the Child Status Protection Act to see if he is qualified for the visa.
Question #4:    My parents have their green card since 2005. They are both in there 70’s and live in Guyana. In order to upkeep the green card, they have to enter the U.S. every six months. At their age traveling becomes difficult.  Could they attempt to give up the green card and apply for a ten-year multiple visa through the embassy.
Answer #4:    Yes, this would probably be the best option for them.  If they are not living in the U.S. (as required by law for permanent residents) then it’s just a matter of time before immigration takes away their green card.  They can surrender the green card at the U.S. Embassy and ask for a visitor’s visa.

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