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ImmigrationTALK: Questions & Answers

Aug 18, 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:  If someone has a holiday/tourist visa and travels before and their permanent residency is in process, is it possible for them to travel at the moment?
Answer #1:  With a permanent resident petition pending, there is the possibility that the U.S. Embassy can revoke or deny renewal of a holiday/tourist visa.  Remember, with a holiday/tourist visa, you must not have an intent to emigrate or remain in the U.S.  If you have a valid holiday/tourist visa and choose to travel with a permanent resident petition pending, you may not have problems at the port of entry in the U.S.  If the officer at the port of entry discovers you have a pending permanent resident petition then he/she may deny your admission into the U.S.
Question #2:   I was in the U.S. unlawfully and took voluntary departure back to Guyana.  I have since married a U.S. citizen and we had an interview at the U.S. Embassy.  My case was in administrative review and now the U.S. Embassy is asking for me to file waivers.  What is your advice?
Answer #2:    It sounds like you need to file two waivers, Form I-601 and Form I-212.  Note, by simply completing the required forms is not enough to get you an approval.  You and your husband must submit additional evidence to support the waiver that will show the extreme hardship to your spouse if the waiver is not granted.  This is a tough burden and there is specific evidence that the law requires.  Contact our office for more information.
Question #3:   My grandfather petitioned for my father and the visa is available.  My parents are now divorced and I have a new sibling who was not included in the original filing.  Should we tell the U.S. Embassy about my parents’ divorce. And what about the new child?
Answer #3:   Yes, you should tell the U.S. Embassy about your parents’ divorce.  It is easy for the U.S. Embassy to search records in Guyana and find out about the divorce, so try to be truthful.  Also, give the U.S. Embassy the birth certificate for your new sibling and he/she will be included in the visa application once the visa fees are paid.
Question #4:  My grandfather had originally filed for both my father and his brother, and their families. If one member of either party’s family gets rejected for one reason or the other, is it possible that everyone will be rejected?
Answer #4:  No. Your father’s case and his brother’s case are two separate cases.  If one is denied for whatever reason, it is not automatic that the other case will be denied.  Note, a denial can be issued due to lack of income of the petitioner, inability to prove familial relationship, misrepresentation to the officer, fraud, etc.

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