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ImmigrationINFO …Immigration News For Our Community

Dec 29, 2012 News

 

By Attorney Gail S. Seeram

Through this “Question & Answer” column, our goal is to answer your immigration questions.  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:    Can my daughter who is 16 and a U.S. citizen file for me?
Answer #1:     No.  A U.S. citizen can file or petition for his/her parent, however the U.S. citizen child must be age 21 or older.  This type of petition, where a U.S. citizen files for a parent is considered an immediate relative petition and a visa is available immediately (meaning there is no backlog).
Question #2:     During my interview for U.S. citizenship, I lied to the officer and was denied because of the lie.  When can I re-file for U.S. citizenship?
Answer #2:    Lying to an immigration officer is a serious offense.  I do not recommend anyone to lie to a federal officer.  You were denied because the officer found you to lack good moral character.  One of the requirements for U.S. citizenship is that you must possess good moral character.  My advice is to wait five years from the interview date before reapplying for U.S. citizenship.
Question #3:    Can I marry while the immigrant petition filed by my parent is pending?
Answer #3:    It depends on whether the petitioner is a permanent resident or a U.S. citizen.  If the petitioner (person who filed the petition) is a permanent resident then you cannot marry because marriage would void the petition.  A permanent resident can only file for an unmarried child.  If the petitioner (person who filed the petition) is a U.S. citizen then you can marry.  Once you marry then the petitioner can change the preference category of the petition from first preference to third preference.  Note, the wait time for the visa may increase once you are married but then you and your spouse will be able to emigrate to the U.S.
Question #4: I have a holiday or tourist visa for the U.S. but I have a permanent resident petition pending that was filed by my family.  Can I still travel on my holiday visa?
Answer#4: Yes, you can travel, however, if the U.S. immigration officer at the port of entry determines you have immigrant intents because they discover the pending immigrant petition then you can be denied entry into the U.S. or your holiday visa can be revoked.  Also, when your holiday visa is up for renewal, the U.S. Embassy may deny renewal once they see you have a pending immigrant petition.

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