Latest update March 28th, 2025 12:03 AM
Jan 19, 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: Good day. My question is this. I married a born U.S. guy in November2011 and he filed for me and my son. When he went back to the U.S. they sent him two paperwork and he paid fees since February 2012 and he did not get anymore. Do you know how long it takes for me to get an interview?
Answer #1: It takes about 9 months to one year after filing to get an interview. If there is a delay then your husband needs to check that he submitted all the required documents to the National Visa Center. Once the file is approved from the National Visa Center then it will be sent to the Embassy for interview scheduling.
Question #2: I was married for 21 years common law and have four kids together with my husband. I came to the U.S on March 15, 2011. I went back to Guyana and married my husband legally on May 15, 2011. I’m a green card holder. I filled out an I- 130 form and I’m wondering how long I have to wait before my husband can come to live with us.
Answer #2: For spouse of a permanent resident, visas are being issued for petitions filed on or before October 2010. So, you have about an eight-month wait.
Question #3: My mother who is a permanent resident sponsored her son who at the time was under 21 year old. The case was approved and completed.
In 2010 she finished paying for his visa and just waiting for the appointment date for him to go in for the visa but now he is over 21.
So my question? Is he still able to get the visa now that he is over 21?
Answer #3: Since the beneficiary is now age 21, he has moved from a 2A family preference category to a 2B family preference category. For an unmarried child over age 21 of a permanent resident, visas being issued for petitions were filed on or before January 2005.
Also, the Child Status Protection Act may apply to recompute the child’s age to under 21 depending on the date the petition was received and the date the petition was approved.
Question #4: My father in law applied for us to migrate to the US, the priority date was June 2002, which falls under the F3 category. My husband is the beneficiary.
In 2008 my father in law died and my husband’s sister and her husband who migrated in the 80s are now the sponsors. Recently the USCIS send a checklist for them to submit the relevant information that was sent back to them (USCIS) via express mail approx two weeks ago.
Answer #4: I hope your sister-in-law applied for reinstatement of the I-130 filed by your father-in-law. When your father-in-law died, the petition is void. Reinstatement has to be approved before you can substitute a sponsor. Our office has handled many reinstatements and would be happy to help.
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