ImmigrationINFO...Immigration News For Our Community

ImmigrationINFO…Immigration News For Our Community

Sep 21, 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 have a grave concern with my son. I have been scheduled for a visa appointment but to my understanding all paper work and payments were done for my son who they now claim has aged out. Can you please explain to me how this works or if there is any alternative?
Answer #1:    I recommend seeking legal advice to determine if the Child Status Protection Act (CSPA) applies in your son’s case. The Embassy will not make this determination. It is the beneficiary (your son) who has to claim eligibility for CSPA and present the calculation and proof that he did not age-out. The CSPA looks at how long the petition has been pending and re-computes your son’s age so he may be eligible even if he is age 21 or older.
Question #2:    This year October my sister will be in her 4th year as a permanent resident and a green card holder. Can she sponsor my two younger sisters before the end of the year?
Answer #2:   Unfortunately, in order to sponsor a sibling (brother or sister) you must be a U.S. citizen. So, your sister has to become a U.S. citizen before she can submit a petition for her sisters.
Question #3:   I try to enter USA with a fake USA passport 23 years ago. I was caught and was sent back to Guyana. Soon after I decide to come to UK. I am a law abiding UK citizen with a British passport. I apply to visit my parents who are US citizen and was denied a visitor visa due to my violation. How can you help?
Answer #3:   When applying for visitor visa or visa waiver as a U.K. citizen, ask the consular officer at the Embassy if you qualify for an INA 212(d) (3) waiver. Certain grounds of inadmissibility (or certain acts) will make you ineligible for this waiver.
Question #4:   I tried to enter the United States illegally six years ago. I was caught up in Aruba. I was using a US citizen’s passport, which was reported as stolen. They took my photos and my biographic data and I was sent back to Guyana. I was not formally charged with anything by the US government. Recently I tried to obtain a visa legally and was denied. My question is if I will ever be allowed to enter the US?
Answer #4:   See Answer #3 above.