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ImmigrationTALK: Questions & Answers

Aug 25, 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 went in the American Embassy two times for a visitor visa and because I don’t have kids they did not issue me a visa.  But you see my problem is that I have a fertility problem and I can’t have kids.  Does this mean that I can never get a visa ‘cause I can’t have kids.
Answer #1: Besides strong family ties (such as a spouse and children), the Embassy also looks for strong financial, property, and employment ties to Guyana before issuing a visitor visa.  Family ties is not the only factor considered.
Question #2:     My grandfather is a U.S citizen. My mom has no proof, only his name is on her birth certificate.  She don’t know anything about him, but my grandmother told her when she was born her father took her to the U.S. Embassy and registered her birth.  He told my grandmother to take her back to the U.S Embassy when she was 18 years old.  My grandmother never did and my mom is 36 years old now. The question is if he did register her what can she do?
Answer #2:    Your mother can inquire at the U.S. Embassy if her U.S. citizen father registered her birth as a child born abroad to a U.S. citizen.  If not, then she is not a U.S. citizen.  If she was registered then the U.S. Embassy will advise her of the proper paperwork to complete.
Question #3:    My question to you is that I am a green card holder and wish to spend most of my time in Guyana. What are the immigration issues surrounding this issue. Secondly, can I stay out of the USA and still be eligible for citizenship and, if so, how long can this be?
Answer #3:    Remaining out of the U.S. for extended periods of time can result in you losing your green card.  You must spend 1825 days continuously in the U.S. (among other requirements) to qualify for U.S. citizenship.  Continuously means no one trip for more than 6 months outside the U.S. – which will break continuity of your residency for citizenship purposes.
Question #4:    My mother is a US citizen and she filed for two children and myself under 21 years of age.  The date of the interview is very soon; I would like to know what I have to take with me to the Embassy.
Answer #4:    The Embassy will send you an appointment letter but you will take your medical exam.  The other documents should have been submitted already to the visa center (such as police clearance, copy of passport, certified birth certificates, certified marriage certificate, affidavit of support, etc.).

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