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ImmigrationINFO …Immigration News For Our Community

Feb 01, 2014 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 want to know if employment based green card will take the entire family together to the United States?
Answer #1:     Yes, assuming there are no grounds of inadmissibility, your spouse and children will become derivative beneficiaries of your approved employment based immigrant petition and can come to the U.S. with you.
Question #2:     While completing the application for a visitor’s visa, I came across the following questions: (a) Do I have any immediate family members in the U.S.? (b) Have I traveled to any foreign country during the past five (5) year?; and (c) Has anyone in the U.S ever filed an immigrant petition on my behalf’?.  If the answer YES to these questions, would that decrease my chances of being granted a visitor’s visa?
Answer #2:    You must answer these questions truthfully or you may be denied a visa based on fraudulent misrepresentation.  If you have an immediate relative in the U.S. or a pending immigrant petition, then yes, your chances of being granted a visitor visa may decrease unless you can show strong financial, family and property ties to Guyana.
Question #3:     The father of my daughter who is a minor, has filed an immigrant petition on her behalf. He is a permanent resident residing in the U.S.  He has requested that I send him a notarized letter of consent for her to reside with him.  Is this required and how long is the processing time for a permanent resident filing for a minor child?
Answer #3:    Yes, when a minor child is leaving one biological parent in Guyana to reside with another biological parent in the U.S., then the U.S. Department of State does require a notarized letter granting permission from the biological parent residing outside the U.S.  For a minor child of a permanent resident, visas are being issued for petitions filed on or before January 2010.
Question #4:    If you have a B1/B2 multiple entry visa and you get married to a U.S. citizen while your papers are being processed can you continue to travel on the above mention visa?
Answer #4:    It depends on the U.S. Custom and Border Protection officer that is reviewing your visa and file when you seek entry into the U.S.  If the officer determines you have immigrant intents because of the pending petition for an immigrant visa, then he/she may deny your entry into the U.S. with the visitor visa.
Question #5:  My daughter, thirteen years old, has been granted a non-immigrant visa for vacation in the U.S. Since her father will not be traveling with us (myself and her older brothers who are seventeen and nineteen), is there any form of consent by her father needed in order for her to travel and if so, what is the procedure in obtaining the document and what information must it contain?
Answer #5:    It would be a good idea to travel with a notarized letter signed by your husband granting consent for your daughter to travel to the U.S. with you.  The document should contain your husband’s phone number and a copy of his Guyana passport page with his photo and biographical information.  I’m sure any attorney in Guyana can prepare this notarized consent.

 

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