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Immigration INFO…Immigration News For Our Community

Jul 27, 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 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:    According to the August 2013 visa bulletin, there is no backlog for permanent resident (green card holder) sponsoring a wife and children under age 21.  So, if a petition has been filed, a visa is available and you should have been notified by the Embassy or National Visa Center.  If you are now filing a petition, then processing time for the visa is approximately one year.
Question #3:    I am 25 yrs old and I live in Guyana. I have my boyfriend of 3yrs 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 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 nine to 12 months processing time.  If you marry in the U.S. and file for green card in the U.S. then it’s a three to six 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 old).  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 September 2006 (so  a four-year wait) or if married, then visas being issued for petition filed in December 2002 (so an eight-year wait).

 

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