Immigration TALK: Questions & Answers
By: Attorney Gail S. Seeram,
Through this “Question & Answer” column, our goal is to answer your immigration questions. Many of you have questions on backlog time and eligibility – we seek to clarify these issues and more. 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: My daughter who is eighteen years has been accepted by a college in the USA to begin classes in September of this year. She has a visitor visa for the USA. Can she come to the USA with her visitor visa and then apply for a change to a student visa? How likely is this and if so please advise me what’s the process.
Answer #1: It is recommended that she take her Form I-20 (given to her by accepting college) into the U.S. Embassy and apply for a F-1 student visa and then enter the U.S. with the F-1. If she enters with the visitor visa and then applies for a change of status, it may take 3-6 months and her time on her visitor visa may expire. Remember the maximum time on the visitor visa is 6 months.
Question #2: My son is a Permanent Resident in New York. His son is having a heart problem in Guyana. He is about 7 months old. How could the father get his son to the U.S. for medical treatment? He is planning to marry the child’s mother. The baby’s case is urgent.
Answer #2: He should apply for a visitor visa at U.S. Embassy and explain the medical emergency. Take documents to the U.S. Embassy to show the child’s medical issues and also proof of who will be paying the medical expenses in the U.S.
Question #3: My husband passed away last year. My question is his parents had sponsored him to migrate to the US. He had received all the necessary documents and included myself and our child in the petition. But now I’m wondering what will be the outcome of our papers due to his death? Do my son and I still stand a chance to migrate to the US?
Answer #3: Unfortunately, when your husband died, so did the pending petition. There is process to substitute a deceased petitioner, but when the beneficiary (husband) dies, the petition becomes void.
Question #4: My mother is a US citizen and she filed for myself and two children under 21 years of age. The date of the interview is very soon, I would like to know what I have to take with me to the U.S. Embassy.
Answer #4: The U.S. Embassy will provide you a list or a link to access the list of documents on-line. But, generally, you must provide a police clearance, affidavit of support from sponsor, passport photos, original passport, Form DS-230, and certified copies of birth certificates, marriage certificates, and divorce.