ImmigrationINFO...Immigration News For Our Community

ImmigrationINFO…Immigration News For Our Community

Aug 03, 2013 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: Gail@GailLaw.com.

Question #1:  My father was recently denied a ‘waiver of grounds of inadmissibility’ so he’s more or less placed on a 10-year ban. I don’t know what the reapplication process is like after the 10-year ban or what forms I have to fill out or documents I would need. Would you kindly point me in the right direction?
Answer #1:          The 10-year ban may not be a result of the denial of the waiver.  The 10-year ban may have resulted from one of the following: (i) accumulated unlawful presence if he was in the U.S. illegally for more than one year and returned to his native country, (ii) removal/deportation proceedings in the U.S. and he returned to Guyana voluntarily or involuntarily, or (iii) commit fraud or misrepresentation to gain an immigration benefit.  The denial of the waiver could have been appealed to the Administrative Appeal Office in the U.S.  Another waiver could be submitted with greater evidence of hardship if another I-130 interview is scheduled at the Embassy through a pending family based petition.
Question #2:      My wife petitioned for me and my daughter and we are at the affidavit of support step in the process.  How long will it take for me and my daughter to get an interview date knowing that my wife is a permanent resident?
Answer #2:         Currently, visas are current and there is no backlog for spouses and children under age 21 of a permanent resident.  If your wife has not received notification to pay visa fees from the National Visa Center then she needs to contact our office.
Question #3:      I would like to know if a common law wife  of 19 years together would get to go with her kids ages 8 and 14 and common law husband for petition filed by U.S. brother of common law husband.
Answer #3:         In response to your question, you need to be legally married for common law wife to benefit from the visa petition.  While petition is pending, you all should marry and advise the petitioner to notify immigration of the marriage by sending the marriage certificate.  Under F4 preference category (filed by brother/sister of U.S. citizen) marriage would not change the processing time of the pending petition.
Question #4:      I am a green card holder in USA.  I got married last year. My wife is in India.  She doesn’t have any visa.  She tried for a student visa twice, but she was rejected both the times.  Which visa should she apply for?  What would be the easiest way to bring my wife to USA?
Answer #4:         You as a permanent resident should submit an alien relative petition for your wife to get lawful permanent resident status.  The visas are currently available with no backlog so processing time is only six to nine months.

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