ImmigrationINFO …Immigration News For Our Community

May 18, 2014 News

---

By 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:    My fiancé lives in the U.S. He has been there 3 yrs and working ever since. I have 2 kids that are not his, ages 13 and 3. Is it possible when we get married next year that he can file for all three of us?
Answer #1: Yes, he can file for you (as his wife) and the two kids once you and him marry before the kids turn age eighteen.  Note, he has to file three separate petitions – one for each of you and pay three separate filing fees.
Question #2: My wife had filed a petition for me and I got through with my immigrant visa.  However, we thought that my son would have been included on my petition, but we were told it’s not possible because I am considered as an immediate relative.
Answer #2: If your son was under age 21 when your visa was available at the Embassy and had a separate Form I-130 filed for him then he would have been eligible as an immediate relative of your wife.  If he is over age 21 and unmarried then he is considered a Family 1st preference.
Question #3:    I am gathering all forms needed to petition for my wife to immigrate to USA. Sadly, I am a registered sex offender whose crime was over 10 years ago.  How can this impact my petition?
Answer #3: Under the Adam Walsh Act, if a petitioner commits certain sex crimes then he cannot petition for a wife or child.  However, if an attorney can prove that the petitioner is rehabilitated and does not pose harm or safety threat to the beneficiary then the family-based petition MAY be approved by U.S. immigration authorities.
Question #4:    First let me start out by saying I am follower of your weekend articles in Kaieteur News which I have gained a lot of knowledge from. Please keep up the good work.
I will be filling for my U.S Citizenship in February 2013. I have been a lawful permanent resident (LPR) for almost 20 years now. I have had 3 passports from Guyana. These are expired ones and the most current one. In the N400 form I have noticed that they said to list all trips since becoming a LPR. My first passport which was in my childhood days was misplaced, it has my entry dates into the USA. The other two passports I still have. Can you please advice me what to do since I don’t have it any longer and how to fill the form up?
Answer #4: Yes, it is required to list all your trips on the citizenship application.  Although you don’t have the passport to reference the exact departure and returns, you are still required to list the trips to the best of your knowledge.  So, just list at least the year and country visited, and explain to the interviewing officer that you don’t remember the exact dates.

****

Know Before You Go – Travel Checklist

As the summer travel season is here, many of you will be traveling internationally to be with friends and family.  Dealing with immigration and customs can be a stressful experience, but we will offer you some travel tips to make your experience less burdensome.

TRAVEL TIPS:

Have all the required travel documents for the countries you’re visiting (such as a visa), as well as identification for entry such as a passports and green card (where applicable).  Bring all prior passports with you in case immigration wants to inspect prior trips.
Declare everything you are bringing in from abroad, even if you bought it in a duty-free shop. This merchandise is also subject to U.S. duty fees and other restrictions.
Be cautious when buying something from a street vendor. Keep in mind that the merchandise may be counterfeit and /or unsafe and you may have to surrender it to U.S. Customs and Border Protection when you get home.
Know that things bought abroad for personal use or as gifts are eligible for duty exemptions. If you are bringing them back for resale, they’re not.
Know the difference between prohibited merchandise (such as ivory, tortoise shell products, absinthe, and counterfeit items) and restricted merchandise.
Be aware that many foreign-made medications are not FDA-approved, and you cannot bring them into the U.S. Also, when traveling abroad, bring only the amount of medication you’ll need during the trip.
Don’t bring any Cuban-made products into the U.S., no matter where you purchased them.
Don’t bring any food into the U.S. without first checking to see if it is permitted. Also, any and all live birds and bird products, whether for personal or commercial use, may be restricted and/or quarantined.  Understand that CBP officers can inspect you and your belongings without a warrant. This may include your luggage, vehicle, and personal searches, and is meant to enforce our laws as well as protect legitimate travelers.
Bring notarized travel permission letters for minors traveling without their parents.
Bring appraisals or receipts if traveling with a lot of new jewellery.
Bring a valid driver’s licence.  For information regarding an International Driving Permit, contact the American Automobile Association.
Bring an envelope to put all the receipts for your purchases – This will make filling out the CBP declaration easier.
Bring only the medication that you need for your trip and in its original container.
Bring receipts or registration paperwork (CBP Form 4457) for any new electronics, such as a camera or laptop that you have in your possession.

---

---