Immigration INFO: Immigration News For Our Community

Jul 13, 2014 News

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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: I would like to know about my visa.  My mom is a U.S. citizen and she sponsored me and my wife in March 2011. My mom is in New York. How long do we have to wait for our visa?
Answer #1: Assuming you are legally married, then your petition is considered Family 3rd preference (married child of a U.S. citizen) and visas are available for petitions filed on or before October 2003. So, unfortunately, you have about a 7-8 years wait for visa availability.
Question #2: I migrated to the US permanently in 2009 and returned to live in Guyana three years after. Can you tell me what are my options regarding retaining my residency?  I plan to return to the US within the six (6) months but don’t know my options. My son aged 11 also migrated with me but returned here in the second year to go to school (his mother lives in Guyana) since it was really hard for us. He has returned to the U.S. every August and spent the two months there and returns to Guyana to go to school.
Answer #2:  If you and your son are both permanent residents, then you need to be living in the U.S. or you are at risk of having your permanent residency status or green card taken away.  U.S. Customs and Border Protection has increasingly become strict about permanent residents who are not living in the U.S. and rather just visiting the U.S. for 2-3 months in a year.
Question #3:  I had a ten-year visa for the United States, six years ago. Because of an unregistered marriage certificate, the embassy revoked my visa. What should I do to regain my visa?
Answer #3: The U.S. Embassy has the discretion to revoke non-immigrant visas such as a tourist visa and unfortunately; there is no appeal process.  One common ground for revocation is misrepresentation or fraud in obtaining the non-immigrant visa.
Question #4:  I came into the United States as a permanent resident 6 months ago, I would like to go back and marry my boyfriend of ten years and file for him. How long would it take for him to get a visa?
Answer #4:  Currently, under the Family 2A preference (spouse of a permanent resident) visas are available for petitions filed on or before May 2012.  So, right now it’s about a 2-year wait or processing time for an immigrant visa.

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Transporting Cash In/Out of the United States

Recently, one of my clients had US$12,000 seized by U.S. Customs & Border Protection, as he was about to depart the United States on an international flight.  His mistake – he failed to report or declare to U.S. Customs & Border Protection at the airport that he had over US$10,000 in his possession.
Any person or family departing or entering the United States (regardless of U.S. immigration status) must report or declare to U.S. Customs & Border Protection if they have $10,000 or more in currency or negotiable monetary instruments.  They must complete a “Report of International Transportation of Currency and Monetary Instruments” FinCEN Form 105 and inform the airline agent upon check-in that they need to file FinCEN Form 105 with a U.S. Customs & Border Protection officer before departing on their international flight.
Failure to file FinCEN Form 105 and report you are transporting over US$10,000 in currency and/or monetary instruments outside of the United States will result in seizure of ALL currency and monetary instruments in your possession.  Once the money is seized, then an administrative proceeding can be initiated to decide if the funds should be returned and civil penalties will be accessed.
Please be aware, if persons/family members traveling together have US$10,000  or more, they cannot divide the currency between each other to avoid declaring the currency.
For example, if one person is carrying US$5,000 and the other has US$6,000, they have a total of US$11, 000 in their possession and must report it on a FinCEN Form 105. If a person or family fails to declare their monetary instruments in amounts of over US$10,000, their monetary instrument(s) may be subject to forfeiture and could result to civil and criminal penalties.
Monetary instruments include currency, personal checks (endorsed), travelers’ checks, gold coins, securities or stocks in bearer form.  Monetary instruments that are made payable to a named person but are not endorsed or which bear restrictive endorsements are not subject to reporting requirements, nor are credit cards with credit lines of over US$10,000. Gold bullion is not a monetary instrument for purposes of this requirement.
So, for my client, he was not aware of the reporting requirement for transporting US$10,000 or more outside the United States.  He was questioned by U.S. Customs & Border Protection before boarding his flight and he thought he only had to report or declare the currency if it was for personal use (he was taking the currency outside the U.S. for business reasons).  Currency and monetary instruments US$10,000 or more must be declared or reported, regardless of whether it will be used for business reasons, personal reasons, or is a gift.
Now, U.S. Customs & Border Protection is holding my client’s currency and we are in administrative proceedings seeking the return of his currency minus the civil penalties he will have to pay. Moral of the story is that ignorance of the law is no excuse for not following the law.  Whether you are aware of the reporting requirement for transporting currency and monetary instruments in/out of the U.S. is irrelevant if you are caught not adhering to the laws.
For any persons traveling in or out of the United States, it’s a good idea to visit the following website and to be aware of the rules and regulations at the U.S. port of entry: http://www.cbp.gov/travel/us-citizens/know-before-you-go

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