ImmigrationINFO ...Immigration News For Our Community

ImmigrationINFO …Immigration News For Our Community

Apr 26, 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 child’s father got a green card. Can he file for my four-year-old son in Guyana and myself or does he have to wait until he is a U.S. Citizen. And if he can file for both of us, what will the waiting period be like for us.
Answer #1:    The child’s father, a green card holder, can file for his son and the waiting time is about two years. Also, he can file for you once you are legally married to him. The waiting time is also two years for a spouse of a green card holder. He must file two separate petitions.
Question #2:    I am trying to petition for my son in another country. Me and his mom are not together and were never married. We still talk on the phone and I support him financially. What support document do I send to immigration?
Answer #2:   In response to your question, if you are a permanent resident or U.S. citizen then you can petition for your son. If your son is married then you must be a U.S. citizen to petition for him. Since you were never married to his mother, you will have to prove legitimacy when you file for your son. Legitimacy is more than just your name on the birth certificate.
Question #3:   I was deported 2004 for an aggravated felony. My sentence was five years. Can I ever apply for a waiver for the USA? I am alone here.
Answer #3:   Yes, if a qualified family member files a sponsorship petition for you, then you may be eligible to file a waiver to seek re-entry into the U.S. You must prove extreme hardship to a U.S. citizen or permanent resident relative to win approval of the waiver. Note, for some aggravated felonies, there is a permanent ban from re-entering the U.S.
Question #4:   I married a born US guy last November. He filed for me and my son since November. When he went back they sent him two pieces of paperwork and he paid. Since February he did not get anymore. Do you know how long it takes for me to get an interview?
Answer #4:   It sounds like your case is at the National Visa Center and the visa fees were paid. Once the petitioner (your husband) submits the affidavit of support, police clearance, biographical, and certified original civil documents, the file will be transferred to the Embassy for scheduling of an interview.
Usually, from start to finish, the processing time is one year.
Digital Form I-94 (Not Paper) Issued Upon Entry into U.S.
U.S. Customs and Border Protection has made the issuance of arrival records (Form I-94) a digital process in order to streamline passenger processing. Form I-94 provides international visitors evidence they have been lawfully admitted to the U.S, which is necessary to verify alien registration, immigration status, and employment authorization.
The automation means that visitors to the U.S. will no longer need to fill out a paper form when arriving to the U.S. by air or sea, improving procedures and reducing costs. Thereby, visitors will no longer receive a “white card” with a stamp of their entry date and the date they must leave the U.S.
The current processing time for entering foreign visitors’ travel information into the I-94 database is 30 days or more. This new automation process will provide immediate upload and access to arrival and departure information for all travelers to the U.S.
So, when you enter the U.S. you will no longer be given a white paper (Form I-94) to fill out with your name and it will no longer be stamped with your entry date and required departure date from the U.S. Instead, your passport will be stamped with your entry date and required departure date.
If you wish to print a paper copy of your entry and departure for your records or for filing adjustment of status, then the information will be immediately available on-line at www.cbp.gov/I94. In order to access the information, the following security questions will have to be answered: name, passport number, date of admission, departure date, and class of admission. Initially, the I-94 automation process will be rolled out to the following airports: Miami, Chicago, and Orlando – with all U.S. airports to follow. The arrival and departure information for all passengers will be available immediately upon arrival into the U.S. but upon departure from the U.S. it will not be accessible.
Our office recommends all travelers to review and print the information that will be placed on-line at www.cbp.gov/I94 for accuracy upon their arrival into the U.S. As with any process that is electronic, there may be errors and you want to ensure that your arrival and departure records are correct so you have no problems or issues with your next entry into the U.S. and with future adjustment of status. This new process only applies to passengers entering the U.S. with a non-immigrant visa – it does not apply to U.S. citizens or permanent residents (green card holders).