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ImmigrationTALK: Questions & Answers
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: Gail@GailLaw.com.
Question #1: I am trying to find out if my children could file for their stepmother to come to the United States. One of the children did file for their father and stepmother to come to the states, however, the US Embassy informed her by letter that since her father’s wife was not her biological mother that the stepmother could not come to the U.S.?
Answer #1: The children can only file for stepmother if the marriage between their biological father and stepmother took place before children were age 18.
Question #2: I would also like to know if my husband, who is a green card holder, should sponsor me and our three children (all under age 21), how long would it take and what is the procedure regarding that?
Answer #2: Right now, processing time for a permanent resident (green card holder) sponsoring a wife and children under age 21 is about two years – right now visas are being issued for petitions filed on or before July 2010.
Question #3: I am 25 years old and I live in Guyana. I have my boyfriend of three years in the USA. We would like to get married but in the USA. What is the procedure and how long will it take?
Answer #3: To marry in the U.S., you would have to get a visitor visa. Otherwise, he can marry you in Guyana and file papers in U.S. If the sponsorship petitions are processed while you are in Guyana then it’s about a 9-12 months processing time. If you marry in the U.S. and file for green card in the U.S. then it’s a 3-6 months processing time. In both cases, since your marriage will be less than two years at the time of visa approval, then you will have a conditional green card – only valid for two years. At the end of the two years, you will have to file to remove the conditions and if approved, will receive full 10-year green card.
Question #4: My father is a U.S. citizen and in 2010 he filed for me and my sister (we are 28 and 30 years). How long should that take for the first set of papers to come through?
Answer #4: If you are both unmarried then visas being issued for petition filed in November 2005 (so five years wait) or if married, then visas being issued for petition filed in June 2002 (so eight years wait).
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