ImmigrationINFOTM – Questions & Answers

Dec 08, 2012 News

Immigration News For Our Community

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 child father got a green card. Can he file for my four-year-old son in Guyana and myself or does he have to wait until he is a U.S. Citizen? And if he can file for both of us what will the waiting period be like for us?
Answer #1:    The child’s father, a green card holder, can file for his son and the waiting time is about two years. Also, he can file for you once you are legally married to him. The waiting time is also two years for a spouse of a green card holder. He must file two separate petitions.
Question #2:    I am trying to petition for my son in another country. His mother and I are not together and were never married. We still talk on the phone and I support him monetarily. What support document do I send to immigration.
Answer #2:   In response to your question, if you are a permanent resident or U.S. citizen then you can petition for your son. If your son is married then you must be a U.S. citizen to petition for him. Since you were never married to his mother, you will have to prove legitimacy when you file for your son. Legitimacy is more than just your name on the birth certificate.
Question #3:   I was deported in 2004 for an aggravated felony. My sentence was 5 years. Can I ever apply for a waiver for the USA. I am alone here.
Answer #3:   Yes, if a qualified family member files a sponsorship petition for you, then you may be eligible to file a waiver to seek re-entry into the U.S. You must prove extreme hardship to a U.S. citizen or permanent resident relative to win approval of the waiver. Note, for some aggravated felonies, there is a permanent ban from re-entering the U.S.
Question #4:   I married a born US guy last November. He filed for me and my son since November when he went back. They sent him two pieces of paperwork and he paid. Since February he did not get anymore. Do you know how long it takes for me to get an interview?
Answer #4:   It sounds like your case is at the National Visa Center and the visa fees were paid. Once the petitioner (your husband) submits the affidavit of support, police clearance, biographical, and certified original civil documents, the file will be transferred to the Embassy for scheduling of an interview. Usually, from start to finish, the processing time is one year.

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