ImmigrationINFO …Immigration News For Our Community

Jun 01, 2014 News

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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 husband had his interview in December 2011 in Guyana but the Embassy did not issue him his visa because he required a few documents. He submitted these documents in December 2011.  His case went into pending administrative processing. It has been over one year since his case is in administrative processing and we have not heard anything from the Embassy.  My question is do you know how long does administrative processing take?

Answer #1: Usually when a case is in administrative processing, it means that the Embassy is investigating the marriage or conducting background checks.  One year is a really long time, so I suggest calling the Embassy or going into the Embassy to follow-up directly with a person.  Also, if you are living in the U.S., try contacting your Senator’s office, explain your case and they can follow-up directly with the Embassy on your behalf.

Question #2: I was interviewed at the US Embassy in Guyana. I married a U.S. citizen and at the end of the interview I was told that I’m temporarily denied a visa by the U.S. Embassy.  They stated I have to reschedule for a joint interview with my spouse.  Do you think I should carry my new set of pictures with me on my next interview?

Answer #2: Taking pictures to your interview at the Embassy is always helpful.  But, oral testimony or your answers to interview questions are taken into consideration more than pictures.  It’s a good idea to take any phone bills, letters, emails, joint bills or receipts for you and your husband – evidence to prove the relationship.

Question #3:    I was sponsored by my sister in 2003, a U.S. Citizen. How much longer do I have to wait? Only the case number was received in 2003. I am also married with a daughter.  Can I take them with me?

Answer #3: Visas are being issued for petitions filed on or before April 15, 2001 for brother/sister of a U.S. citizen.  So, you have about a two (2) year wait.  Yes, your spouse and daughter would be allowed to come with you, assuming you are legally married to your wife and your daughter is under age 21 when the visa is available.

Question #4:    I am an American citizen. I am trying to sponsor my parents from Guyana and my underage brother who is 16. Will he be able migrate together with them or will it take longer for him to get here?

Answer #4: As a U.S. citizen, the petition for you filing for your parents will take about 9 months to one year for immigrant visas to be issued.  However, your brother would not be considered an immediate relative like your parents but will be a separate F4 preference petition and the wait is about 10-12 years.  But, when your parents become lawful permanent residents, they can file for him and it will take about 2 years for him to get an immigrant visa.

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Dual Citizenship

Dual citizenship refers to a person being a citizen of two countries at the same time. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.
A person naturalized as a U.S. citizen may not lose the citizenship of their country of birth.  U.S. Law does not mention dual citizenship or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.
The person’s statements or conduct can show intent.  The U.S. Government recognizes that dual citizenship exists, but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual citizenship may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person’s allegiance.
However, dual citizens owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.  Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States.   Dual citizens may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.  Most countries permit a person to renounce or otherwise lose citizenship.
Information on losing foreign citizenship can be obtained from the foreign country’s embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.

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