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ImmigrationINFO…Immigration News For Our Community

Jan 12, 2013 News

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:    I lost my certificate of naturalization. Do I need to reapply for one or will my U.S. passport be enough to prove that I am a U.S. citizen?
Answer #1:     The certificate of naturalization and certificate of citizenship is primary proof that you are a U.S. citizen.  The U.S. passport is second proof.  I advise you to file Form N-565 to replace your certificate of naturalization.  The filing fee is US$345.  Note, you should get a safe deposit box at the bank and keep items like your passport, birth certificate and certificate of naturalization safely stored.
Question #2:     My U.S. citizen sister filed for me since April 2001, how much longer do I have to wait?
Answer #2:    According to the February 2012 visa bulletin, visas for siblings of a U.S. citizen are being issued for petitions filed on or before September 8, 2000.  So, you have less than a one-year wait.  Assuming all required documents have been submitted to the National Visa Center, you will receive an interview notice from the U.S. Embassy when the visa is available.
Question #3:    My lawful permanent resident spouse filed a petition for me. Can I still apply for a visitor visa?
Answer #3:    Yes, you can apply but since you have intent to live in the U.S., this may impact your approval for the visitor visa.  Remember, to obtain a visitor visa, you must show strong ties to your native country and also that you have no intent to reside or overstay to live in the U.S.
Question #4:    Why was my tourist visa revoked?
Answer #4:    There can be several reasons why the U.S. Embassy revoked your visa.  Some reason may be that you failed to meet the requirements for the visa. Maybe you overstayed in the U.S. with your visa or maybe you made a fraudulent misrepresentation to the U.S. Embassy.  I would advise you to see an explanation from the U.S. Embassy, though one is not legally required.
Question #5:    I’m a lawful permanent resident, can I apply for my fiancé?
Answer #5:    Unfortunately, the answer is no.  Only a U.S. citizen can apply for a fiancé visa.  A fiancé visa is not available for a lawful permanent resident.

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