ImmigrationINFO...Immigration News For Our Community

ImmigrationINFO…Immigration News For Our Community

Mar 08, 2014 News

By Attorney Gail S. Seeram, Gail@GailLaw.com

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 daughter recently left Guyana with her dad and step-mom.  Her step-mom was the petitioner who sponsored her dad and her. Her dad left Guyana in Dec. 2010 and my daughter left in Jan 2012. I am told that she got her green card; however, she cannot leave the US within 2 years. Or if she leaves, only her step-mom can accompany her.  My question is: Is this possible and true?  I have never heard anyone saying this before. And why does she have to be accompanied if I want her to return home this summer for vacation with me?  I can only afford her ticket and not two tickets.
Answer #1: This is incorrect. It sounds like your daughter has a two-year conditional green card based on fact that maybe her dad was married less than two years to the step-mom at the time of visa approval. She can travel immediately after receiving the green card (even if it is a two-year green card) – there is no two-year waiting period. If she is a minor (under age 21), she can also travel unaccompanied (without an adult) but arrangements need to be made with the airline.
Question #2: In Feb. 1992, I was arrested in Puerto Rico going to U.S.A with somebody else’s name, I spent six months in jail and was deported on Sept. 6 1992.  The judge banned me for two years. I am a farmer. In 2006 I was chosen to go to a trade fair in America…California.  I paid someone to fill up my visitor visa application form. I told him about the issue. He told me not to worry that was a long time ago and did not list my prior deportation. It was the first time I ever went in the U.S.A embassy in Guyana. They took my fingerprints and my file came up.  They refused the visa and said that I lied to them. In 2008 I wrote an apology letter to them. They replied to me, saying that it will be left to their discretion.
Answer #2:  Once you lie to an immigration office to gain an immigration benefit then this is a ground for denial of a visitor visa and immigrant visa.  Also, if you were deported in the past, depending on the grounds for the deportation, this may also be a barrier to obtaining a visitor visa and immigrant visa.
Question #3: What is the procedure for a US citizen husband to file for his newly married wife and her two children (not his) who are over age 26 and married?
Answer #3: He can file for his wife but not her children.  Processing time is about one year.  Since his wife’s children are married, his wife would have to become a U.S. citizen before she can file for her children.
Question #4: My grandmother is a US citizen and she had sponsored my father and family case preference category F3 – Married sons and daughter of US citizen. I am 23 years old. I wrote to the visa center since I was 20 for child status protection, but never got a reply from them. My brother is 20, will he be able to go with my parents and how much longer my family has to get through?
Answer #4:  For F-3 visas, married child of a U.S. citizen, visas being issued for petitions filed on or before June 15, 2003.  Note: child status protection cannot be determined until the visa is available.

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