ImmigrationINFO …Immigration News For Our Community
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: Gail@GailLaw.com.
Question #1: How can I apply for a visitor visa to the United States?
Answer #1: My best advice is to visit the U.S. Embassy website or office located in your country. Generally, you must complete Form DS-160 (some offices require it be completed on-line), pay the applicable fees, schedule an appointment, assemble required documents and attend the interview. Applicants must prove that they intend to only visit the U.S., have strong ties to their native country and have no intent to remain in the U.S.
Question #2: My fiancé’s visa application was denied at the Embassy, can I just marry my fiancé and file a spousal petition?
Answer #2: Yes, upon marriage, you can submit a petition for your spouse. However, petitioner and beneficiary will have to prove that their marriage is good-faith and based on love and not for immigration benefits.
Question #3: I have plenty of family members in the U.S. – who can sponsor me?
Answer #3: The following individuals can file a family-based sponsorship petition for you to obtain a “green card” or residency in the U.S.: U.S. citizen spouse, U.S. citizen child over age 21, U.S. citizen brother/sister, permanent resident spouse, and permanent resident parent.
Question #4: My U.S. citizen father filed for me in September 2006 as an unmarried child, how much longer is the wait before I will have my interview at the Embassy?
Answer #4: According to the February 2012 visa bulletin, visas are being issued for F-1 petitions (unmarried child over age 21 of a U.S. citizen) filed on or before December 22, 2004. So, you have about a 2 years wait. To access the monthly visa bulletins, visit GailLaw.com and click the first blue button labeled “Visa Bulletin”.
Question #5: My mother was deported back to Guyana – when could she return to the U.S.?
Answer #5: Generally, when someone is deported or removed to Guyana, there is a certain period of time that they must remain outside the U.S. before applying for readmission. It may be 5, 10, 15, 20 years or a lifetime ban. It depends on the reason or grounds for which the person was removed or deported from the U.S. A family based sponsorship petition may be filed for your mother but a waiver and application for re-entry would be required.