ImmigrationINFO...Immigration News For Our Community?

ImmigrationINFO…Immigration News For Our Community?

Apr 12, 2014 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 father was recently denied a ‘waiver of grounds of inadmissibility’ so he’s more or less placed on a 10-year ban. I don’t know what the reapplication process is like after the 10-year ban or what forms I have to fill out or documents I would need. Would you kindly point me in the right direction?
Answer #1:    The 10-year ban may not be a result of the denial of the waiver. The 10-year ban may have resulted from one of the following: (i) accumulated unlawful presence if he was in the U.S. illegally for more than one year and returned to his native country, (ii) removal/deportation proceedings in the U.S. and he returned to Guyana voluntarily or involuntarily, or (iii) commit fraud or misrepresentation to gain an immigration benefit.
The denial of the waiver could have been appealed to the Administrative Appeal Office in the U.S. Another waiver could be submitted with greater evidence of hardship if another I-130 interview is scheduled at the Embassy through a pending family-based petition.
Question #2:    My wife petitioned for me and my daughter and we are at the affidavit of support step in the process. How long will it take for me and my daughter to get an interview date knowing that my wife is a permanent resident?
Answer #2:   If you are submitting affidavits of support that means your case is pending at the National Visa Center. After all the required documents are submitted to the National Visa Center, then an interview will be scheduled within two to four months.
Question #3:   I would like to know if a common law wife of 19 years together would get to go with her kids’ ages 8 and 14 and common law husband for petition filed by U.S. brother of common law husband.
Answer #3:   In response to your question, you need to be legally married for common law wife to benefit from the visa petition. While petition pending, you all should marry and advise the petitioner to notify immigration of the marriage by sending the marriage certificate. Under F4 preference category (filed by brother/sister of U.S. citizen) marriage would not change the processing time of the pending petition.
Question #4:   I am a green card holder in USA. I got married last year. My wife is in India. She doesn’t have any visa. She tried for student visa twice, but she was rejected both times. Which visa should she apply for? What would be the easiest way to bring my wife to USA?
Answer #4:   You as a permanent resident should submit an alien relative petition for your wife to get lawful permanent resident status. The visas backlog/processing time is only six to nine months.

Widow of U.S. Citizen can Self-Petition

A change in the law in 2010 allows the widow(er) s of U.S. citizens married any length of time to self-petition for immediate relative status, but must still file within two years of the death of the U.S. citizen spouse.
Additionally, if the U.S. citizen spouse filed an I-130 prior to the death, the I-130 is automatically converted to an I-360 upon the death of the petitioner. The requirement remains that the widow(er) may not have remarried.
Requirements to Qualify as a “Widow(er):
The following requirements must be met for a widow(er) s to self-petition for lawful permanent resident status (or green card) after the death of their U.S. citizen spouse:
1. He or she was the citizen’s legal spouse;
2. The marriage was bona fide and not an arrangement solely to confer immigration benefits to the beneficiary;
3. He or she has not remarried;
4. He or she is admissible as an immigrant; and
5. In an adjustment of status case, that he or she meets all other adjustment eligibility requirements and merits a favorable exercise of discretion.
Children of Widow(er) s:
The child of a widow(er) whose self-petition is approved may be included in the widow(er)’s petition as long as they meet the definition for “child” under the immigration laws. Where the deceased citizen filed an alien relative petition for his or her spouse that was pending at the time of his or her death, and the alien relative petition can now be adjudicated as a widow(er)’s self-petition, the child(ren) of the widow(er) will be included in the widow(er)’s self petition. An individual qualifies as the “child” of a widow(er) depending on their age when the alien relative petition was filed.
Q. Are my children, who are not the children of my deceased U.S. citizen spouse, covered under this new law?
A. Yes. Regardless of whether your children are also the children of your deceased U.S. citizen spouse, the program covers your children in the United States, as long as they meet the definition of your “child” under the immigration laws.
Q. What if I was legally separated or divorced from my U.S. citizen spouse at the time of his or her death?
A. If you were divorced or legally separated from your U.S. citizen spouse at the time of his or her death, you are ineligible for this program.
Q. What if I am a widow(er) who was removed or departed from the United States while an order of removal was pending?
A. If the widow(er) is outside of the United States and had been ordered removed, U.S. Citizenship & Immigration Services (USCIS) has discretion under the immigration laws to consent to the widow(er)’s reapplication for admission. USCIS will generally exercise discretion favorably and grant an application for consent to reapply for admission once all the requirements are met.
Q. What if I am in removal proceedings?
A. Your attorney or accredited representative is in the best position to advise you about your specific case.