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ImmigrationINFO…Immigration News For Our Community

Nov 23, 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 B-1/B-2 tourist visa, how often can I travel to the United States?
Answer #1:     As often as you like.  However, if you spend excessive amounts of time in the U.S. and an immigration officer detects that you spend more time in the U.S. than in your native country, then the immigration officer can deny entry or limit your time in the U.S.
Generally, the immigration officer allows a visitor to spend six months in the U.S., but he can restrict your time in the U.S. to one month or one week if he finds that you have traveled excessively into the U.S.
Question #2:     My child’s father just got a green card.  Can he file for his 27-month-old daughter in Guyana or does he have to wait until he is a U.S. Citizen?
Answer #2:    Yes, a permanent resident or green card holder can file a sponsorship petition for a child under age 21 and an unmarried child over age 21.  Currently, the processing time for a permanent resident filing for a child is under one year.
Question #3:    I am a U.S. Citizen and I filed a sponsorship petition for my brother and it was denied because we failed to establish the relationship.  What does this mean?
Answer #3:    In some cases, birth certificates are not enough to establish sibling relationships.  Usually, you need to show at least one common parent.  There may be some error or discrepancy in the birth certificate for you and/or your brother.  My recommendation is to get a DNA test for you and your brother to establish the sibling relationship.  DNA testing is accepted by U.S. immigration.
Question #4:    I am a green card holder living in the U.S. and would like to sponsor my wife who is in the U.S. without status.  Can I file for her as a green card holder or should I become a U.S. citizen and then file for her?
Answer #4:    Since your wife is in the U.S. without legal status, my recommendation is for you to file for U.S. Citizenship and then you can file an alien relative petition and adjustment of status application for your wife.  As an immediate relative of a U.S. citizen, your wife would be eligible to apply for permanent resident status in the U.S. only after you are a U.S. citizen.

 

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