Latest update April 19th, 2024 12:59 AM
Oct 05, 2014 News
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: I must say that I enjoy reading your column in Kaieteur News and I also would like to ask you a question. I am a US citizen and have filed a petition to bring my parents to the United States. However, I have a sister who is below 21 years of age whom I have listed on both parents’ petition as a minor child. What are the chances of her getting to come with my parents?
Answer #1: Unfortunately, your parents and sister are in two different visa categories, so processing times are different. The petition for your parents will take about 9-12 months for processing of the immigrant visa, whereas, the petition for your sister will take 10-12 years for the visa to be available. So, your sister will not be able to come under your parents’ petition. One option to consider is once your parents obtain their permanent resident card, they can then file for your sister (under age 21) and the processing time right now is 12-18 months. Call our office for more information.
Question #2: I recently got a 10-year visitor visa. Is there any way that I could get a work permit, and can the person that’s employing me help?
Answer #2: If you work while in the U.S. with a B-1 or B-2 visa then you will be in violation of the visa and it can be revoked. You will not be eligible to apply for a work permit or work authorization while in the U.S. with a B-1 or B-2 visa.
Question #3: I saw in a local newspaper a few months ago that when a permanent parent sponsors unmarried children and if they are under the age of 31 years they will grant them a 60-day visitor visa every year. Is it true?
Answer #3: This is not an accurate statement. If you have a pending immigrant petition filed by a parent, child, spouse or brother/sister, you may not be eligible for a visitor visa.
Question #4: I would like your advice on an issue about kids over 21. We applied since 2002 and paid all fees in 2011 and were approved in August. We had our interview this month and my son was denied because he went over 21 last year. Kindly advise me.
Answer #4: He cannot be denied simply because he is over age 21. We would have to see if he is qualified for the Child Status Protection Act, which recomputes his age based on how long the petition has been pending. Call our office for more information.
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Record 438,421 deportations in 2013-2014
The newly released data of 438,421 deportations carried out from the United States during October 1, 2013 to September 30, 2014, represents families suffering from separation, lower socioeconomic status, emotional stress, and limited health and educational opportunities.
The Office of Immigration Statistics of the Department of Homeland Security reported that deportations in the 2013 fiscal year increased by more than 20,000 over 2012 and by more than 51,000 over 2011. President Obama will be on record for over 2 million deported under his watch as President. More than half of the non-citizens deported were done so under a fast-track removal system where they did not see an immigration judge.
It is highly recommended that any non-citizen that is placed in removal or deportation proceedings exercise his/her right to see an immigration judge. There are many forms of relief under the immigration laws that allow non-citizens to remain in the United States and avoid deportation or removal from the U.S. Some forms of relief include cancellation of removal, asylum, withholding of removal, fraud waiver, prosecutorial discretion, adjustment of status and many more.
The Immigration Law Offices of Gail S. Seeram offer the following five tips to avoid deportation or removal proceeding:
1 – If you are a lawful permanent resident (green card holder) with ANY type of criminal arrest for a misdemeanor or felony offense (even if not convicted), then speak with an immigration lawyer before traveling outside the U.S., before applying to renew green card or before applying for U.S. citizenship.
2 – If you have no legal status in the U.S., then do not drive. Note, Department of Motor Vehicle records are linked to Department of Homeland Security and a routine traffic stop can lead to an immigration hold if your immigration status is checked.
3 – If you are a non-citizen (do not have U.S. citizenship), then do not register to vote or vote in the U.S. and do not make any false claims to being a U.S. citizen.
4 – If you are at risk for deportation or removal because you have no legal status in the U.S. or have a prior removal order, then do not go to your local immigration office without an attorney.
5 – If you have no legal status in the U.S., then avoid taking Greyhound Bus or Amtrak, as immigration border patrol frequently stops and checks the immigration status of passengers on these types of transportation services.
Please share this to every Guyanese including your house cats.
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