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ImmigrationTALK: Questions & Answers

Sep 22, 2012 News

By: Attorney Gail S. Seeram, [email protected]

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 husband is a permanent resident in New York and will get citizenship this year. We got married in 2009 and he has filed for me.  My priority date is December 13, 2009.  I know the current visa bulletin for F2A category is November 2009. My question is, how long does it take for my interview to be scheduled if my priority date will become current in May month? When is it estimated that I will be called for an interview?
Answer #1:     Once the required documents were sent to the National Visa Center and the file has been approved, it will be sent to the U.S. Embassy.  We normally see interviews within three months upon National Visa Center approval.  But, once the file sent to Embassy, you can contact the Embassy.
Question #2:     I have been in the US for the past seven months, have a job and am a green card holder.  I have a girlfriend in Guyana and I would like to know if I can file for her now as a fiancé.  If, yes, what are the procedures and how long will it take?
Answer #2:    As a green card holder you cannot sponsor a fiancé but you can sponsor a spouse.  So, if you marry your girlfriend, then you can file a sponsorship petition for her.  The backlog for visa processing is about three years for a spouse of a green card holder.  Only a U.S. citizen can file for a fiancé.
Question #3:    I want to apply for a visitor’s visa.  What are the requirements?
Answer #3:    Visit the U.S. Embassy-Georgetown webpage for information on requirements for tourist visa: http://georgetown.usembassy.gov/non-immigrant-visas.html
Question #4:    I am divorced from my wife and have two children to take care of. All three of us (myself and the two children age 17 and 13 yrs) have ten and five years visitor visas respectively. We have visited the USA on a number of occasions. Recently I married an American citizen. All the documents were done in the USA when we visited. I would like to know if me and my children can remain in the USA and enjoy legal status (i.e. working and going to school) whilst our papers are being processed because my wife has already filed documents to sponsor us to live in the USA.
Answer #4:    If your wife is a U.S. citizen and she processed the paperwork as if you were in the U.S. then you and children would obtain the green card in three months and can remain in the U.S.  Remember, if you overstay in the U.S., even with a petition pending by your U.S. citizen spouse, you are considered illegal and can be deported.
Question #5:    How do I apply for a H-IB green card visa?  What is the requirement?
Answer #5:    H-1B is not a green card but a temporary work visa issued to a “specialty occupation”.  An employer has to agree to file a H-1B petition for you.

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