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ImmigrationINFO…Immigration News For Our Community

Oct 05, 2013 News

 

Attorney Gail S. Seeram, [email protected]

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:    My aunt went into the embassy and got a 10-year visa, but due to certain circumstances she would not be able to travel this year until next year. Would the visa expire if she does not travel?

Answer #1:     The visa does have an expiration date – check the visa.  However, there is no policy that if you do not travel on the visa, it will expire automatically.  All non-immigrant visas are subject to revocation by U.S. Immigration officials if the holder becomes ineligible for the visa, such as having immigrant intents through a Form I-130 being filed by a family member or working with a B-1/B-2 visa or any other grounds specified under the laws.
Question #2:     My mom and dad are both permanent residents for four years now. However, my mom applied for myself and sister who are both over 30 years old and unmarried. My mom completes her 5th year December 9, 2014. She had applied for us since she went over to the US and petitioned on December 3, 2009.  My sister and I both have 10-year visas to the US.
My question is how long dowe have to wait for our immigrant visas. We have gotten a confirmation letter and a document receipt that were paid for our visas.

Answer #2:    Right now for unmarried child of a permanent resident (F-2B), visas are being issued for petitions filed on or before 2006 – so you have about a three- year wait since your mother filed in 2009.  If your mom becomes a U.S. citizen, the wait is the same time as visas are being issued for unmarried child of a U.S. citizen (F-1) for petitions filed on or before 2006.  Visit www.myorlandoimmigrationlawyer.com/visa-bulletin to view the October 2013 visa bulletin.
Question #3:    My grandparents are US citizen. They migrated to Guyana to live. However, when I was 6 yrs old, they filed for me, my mother, cousin. We got a 10-year penalty because my mom was taking my cousin as her own child. This Tuesday I’ll be 21 yrs. Do we still have a chance to migrate to the US? And what are the procedures?
Answer #3:    Your grandparents would have to re-file sponsorship petition for your mother and when visa available (6-8 years) then your mother can try filing a waiver for re-entry.  However, since you are over age 21, you would not benefit from this petition if it is approved.
Question #4:    My mom and dad got visa in 1997 went in New York and over stayed.  Now I’m married has four kids and wanted to apply for a visitor visa.  Do you think it will jeopardize my chance for getting a visitor visa?
Answer #4:    Most likely, yes.  The Embassy may have records of your parents overstaying in New York and may feel you will overstay also if granted a visitor visa in an attempt to be reunited with your parents.

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