Latest update April 19th, 2024 12:59 AM
Mar 29, 2014 News
Attorney Gail S. Seeram, [email protected]
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 mom, 92 years old, has petitioned for my siblings. All relevant documents have been submitted since August 2011, and so far my mom hasn’t got any feedback from the immigration (US). What should my mom do?
Answer #1: In response to your question, right now, assuming your siblings are married and your mom is a U.S. citizen, then visas being issued for petitions were filed on or before July 2003. So, your siblings have about an 8 or nine year wait. Note, you will not hear anything from Immigration after you receive the I-130 approval notice until the visa is close to being available (maybe one year before visa availability).
Question #2: I’m 21 years old and I’ve been sponsored by my dad (who is a permanent resident in the US). My papers are currently in the waiting stage. I would just like to know if it is possible for me to take a chance on obtaining a visitor visa just for a vacation in the summer? Do I have any chance of being approved?
Answer #2: Once you have a pending immigrant petition, usually you do not qualify for a visitor visa because you have immigrant intent. For a visitor visa, you need to show you have no intention to live or reside in the U.S. during the visit.
Question #3: I’m a US citizen and I’m in the process of sponsoring my mother in Guyana. The thing is that she has an adopted daughter. I don’t want my mother to leave her there. Can my mother add her to her papers when she gets her medical package? My adopted sister is 14 years of age and we don’t have anybody to keep her when my mom leaves.
Answer #3: Generally, you would have to file separately for your adoptive sister under 4th preference (brother/sister of a U.S. citizen). Your mother qualifies for a visa immediately because she is the parent of a U.S. citizen and there is no backlog for this type of immigrant visa. Unfortunately, your adoptive sister cannot be included in your mother’s visa category.
Question #4: My father was recently denied a ‘waiver of grounds of inadmissibility’ (Form I601) so he’s more or less placed on a 10-year ban. I don’t know what the reapplication process is like after the 10-year ban or what forms I have to fill out or documents I would need. Would you kindly point me in the right direction?
Answer #4: We need to know the alleged ground of inadmissibility and why they are making him seek a waiver. For example, based on being in U.S. illegally, fraudulent misrepresentation, past removal/deportation, etc. would put him in that category.
Please share this to every Guyanese including your house cats.
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