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ImmigrationTALK: Questions & Answers

Sep 01, 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 daughter recently left Guyana with her dad and step-mom. Her step-mom was the petitioner who sponsored her dad and her. Her dad left Guyana in Dec. 2010 and my daughter left in Jan. 2012. I am told that she got her green card; however, she cannot leave the US within 2 years.  Or if she leaves, only her step-mom can accompany her.  My question is: Is this possible and true?  I have never heard anyone saying this before. And why does she have to be accompanied if I want her to return home this summer for vacation with me? I can only afford her ticket and not two tickets.
Answer #1:  This is incorrect. It sounds like your daughter has a two-year conditional green card based on fact that maybe her dad was married less than two years to the step-mom at the time of visa approval.  She can travel immediately after receiving a green card (even if it is a two-year green card) – there is no two-year waiting period.
If she is a minor (under age 21),she can also travel unaccompanied (without an adult) but arrangements need to be made with the airline.
Question #2:  In Feb. 1992, I was arrested in Puerto Rico going to U.S.A. with somebody else’s name. I spent six months in jail and was deported on Sept. 6, 1992. The judge banned me for two years.
I am a farmer. In 2006, I was chosen to go to a trade fair in California. When I paid someone to fill up my visitor visa application form I told him about the issue. He told me not to worry, that it was a long time ago and did not list my prior deportation. It was the first time I ever went in the U.S.A. embassy in Guyana. They took my fingerprints and my file came up.  They refused the visa and said that I lied to them. In 2008 I wrote an apology letter to them. They replied to me and said that it will be left to their discretion.
Answer #2:  Once you lie to an immigration officer to gain an immigration benefit then this is a ground for denial of a visitor visa and immigrant visa. Also, if you were deported in the past, depending on the grounds for the deportation, this may also be a bar to obtaining a visitor visa and immigrant visa.
Question #3: What is the procedure for a US citizen’s husband to file for his newly married wife and her two children (not his) who are over age 26 and married?
Answer #3:  He can file for his wife but not her children.  Processing time is about one year.  Since his wife’s children are married, his wife would have to become a U.S. citizen before she can file for her children.
Question #4: My grandmother is a US citizen and she had sponsored my father and family case preference category F3 – Married sons and daughter of US citizen. I am 23 years old. I wrote to the visa center since I was 20 for child status protection, but never got a reply from them. My brother is 20. Will he be able to go with my parents and how much longer must my family have to wait?
Answer #4:  For F-3 visas, married child of a U.S. citizen, visas being issued for petitions filed on or before May 2002.  Note: child status protection cannot be determined until the visa is available.

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