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Frequently Asked Questions

A Relative Is In Prison and Has Been Granted Voluntary Departure – What Happens Next?

1
Question:
My brother is in prison in York, PA, on an immigration violation. Although the Immigration Judge refuses to grant him bond, he has granted him voluntary departure. How can he leave if he is in jail?
Answer:
You will be required to purchase an open ticket for your brother and submit it along with his passport to ICE, if they do not already have the passport. Your brother will be escorted, under guard, to the airport along with other detainees and placed on the airplane.

Adjustment of Status to Permanent Resident

1
Question:
I entered the United States in 1998 without a visa. My employer filed labor certification for me in January, 2001. Everything is approved and I am now ready to file for adjustment to permanent resident for me, my wife, and our two daughters. I have two questions:
  1. My immigration lawyer tells me that we cannot file for adjustment at this time because there is no visa available for us. My friend who is in the same situation filed for his adjustment last month. Can you tell us what the lawyer is talking about?
  2. My wife and daughters also entered, without a visa, three years ago. Can they also file for adjustment of status based on my approval?
Answer:
  1. Each month, the Department of State publishes the Visa Bulletin which shows the visa allocation for each category for that particular month. For example, the April, 2009 bulletin shows that if you fall into the “Other Workers” category with a priority date prior to March 1, 2001, you may file your adjustment or visa application. However, in May, 2009, you will not be able to file because there are no visa numbers available in that category in that month.
  2. Since your petition was filed by April 30, 2001, and if your wife and daughter’s relationship existed at that time, they do qualify to file to adjust status even though they only arrived three years ago.

Age Deadline For Citizen Parent to File for Children

1
Question:
I received my citizenship this week. I will be starting paperwork to file for my children. My oldest son will turn 21 years old in four months. Do you think he will have to wait for a visa number to become available in order to obtain his green card?
Answer:
Children of United States Citizens are protected by Sec. 2 of the Child Status Protection Act. If the petition is filed before the child turns 21, the age of the child is locked in, as of the date that the petition for classification as an immediate relative was filed by the parent. The child remains eligible as an immediate relative, after attaining age 21, as long as the child does not marry.

Am I Eligible For Asylum?

1
Question:
I do not want to return to my country. Am I eligible for Asylum?
Answer:
You are eligible for Asylum relief if you can show past persecution or a well-founded fear of persecution because of your race, religion, nationality, membership in a particular social group, or political opinion. You must apply for asylum within 1 year from the date of the last arrival in the U.S. If you seek asylum more than 1 year after your arrival, be prepared to show either changed circumstances that materially affect your eligibility or extraordinary circumstances that delayed the filing of the application.

Can a Recently Married US Citizen File For Her Adult Step Daughter?

1
Question:
I am a U.S. citizen, and I recently married my boyfriend. I filed for his green card and I also filed for his daughter, my step-daughter. They denied her visa application. They said that she did not qualify for a green card through her father’s marriage. She was only 20 years old when we married. What do you think happened?
Answer:
If you married her father after her 18th birthday, then she is not recognized as your step-daughter for immigration purposes.If she is still unmarried, her father as a permanent resident, may file for his unmarried daughter, or if he becomes a U.S. citizen he may file for her even if she is married.

Can I Travel In US On Student Visa After Graduation?

1
Question:
I have been in the U.S. on an F-1 Student Visa for the last four years. I will graduate this Summer, and I just want to travel a bit around the U.S. while I decide what I should do next. Can I do this on the student visa or could I change to another type visa.
Answer:
You may apply to change from your F-1 Student Visa to a B-2 Visitor For Pleasure. This would be considered an “initial grant” of this status and can be granted for up to one (1) year. But remember, you would need to document why a full year should be granted. (I-539). Any request for extensions after that would be limited to six (6) months or less.

Can My Boyfriend Appeal If He Was Granted Voluntary Departure For Overstaying His Visa?

1
Question:
My boyfriend was locked up for overstaying his visa. At the hearing, he got “voluntary departure.” Can he appeal?
Answer:
He could file a “Motion to Reopen or Reconsider” or a “Petition for Review”. Under the old rule, he would still be subject to the consequences of overstaying the voluntary departure period. Under the new rule for “voluntary departure” that went into effect on January 20, 2009, the filing automatically terminates the grant of voluntary departure. In both cases, the alternate order of removal takes effect.

Can My Personal Doctor Perform Immigration Medical Exam?

1
Question:
I need to have my immigration medical done, but I cannot afford the doctors on the list. My personal doctor has all my records, can he do my immigration medical?
Answer:
If your personal doctor has undergone the required training and is designated by the Department of State or by a USCIS District Director, he can do your immigration medical. Otherwise, the required medical examination must be performed according to guidelines published by the Centers for Disease Control and Prevention (CDC).That is, for immigrant visa applicants, the medical examination is performed by a panel physician designated by the Department of State. For adjustment of status applicants, the medical examination is performed by a civil surgeon designated by a USCIS District Director.

Can USCIS Require a DNA Test?

1
Question:
Can USCIS require a DNA test, or is this voluntary?
Answer:
USCIS always has the authority to determine whether the totality of the evidence submitted is sufficient to demonstrate a relationship. By regulation, USCIS is permitted to require blood testing and so refusal to submit a blood test when requested may constitute a basis for denial of a petition.On the other hand, under existing legal authority, USCIS may only suggest that DNA testing results be submitted. For some persons, voluntary submission of DNA evidence may be the best way for some individuals to meet their burden to prove the claimed biological relationship. Otherwise, an application or petition may be denied if that burden is not met.

Can Visa Overstay Bars Be Waived?

1
Question:
I know that because I overstayed my authorized time in the U.S., I have accrued unlawful presence and that I am subject to the three and ten-year bars. Are there any situations in which these bars are automatically waived?
Answer:
Yes. Currently, the three and ten year bars are waived for unlawful presence:
  • Prior to a child’s 18th birthday
  • While a bona fide asylum application is pending
  • While the applicant is under the family unity protection
  • For battered women and children

Defend Adult Son Against Conviction Related Removal

1
Question:
My 22 year old son has his green card. It appears that he was arrested for possession of marijuana last year. I did not know of this or I would not have taken him with me on our vacation. I watched in horror as he was led off by immigration officers and given a document to appear in Immigration Court to defend himself against being removed from the United States. I almost fainted, and I have not been able to sleep or eat (although when I peep into his room at night, he is sleeping like a baby and his appetite does not appear to be affected). As his parent, I am very concerned and worried. Is there any relief for me?
Answer:
If he was found guilty of the marijuana charge, it is possible that your son could qualify for a Cancellation of Removal or a stand-alone 212(h) Eligibility Waiver.

Difference Between Green Card and Citizenship

1
Question:
I am quite happy with my green card. Why should I bother to become a U.S. Citizen?
Answer:
Here are several reasons to become a U.S. citizen:
  • The right to vote
  • The right to sit on a jury
  • The right to sponsor an extended list of relatives for permanent residence
  • Tax benefits and estate planning
  • Access to restricted professions
  • Definite protection from deportation
  • Easier to travel to different countries
  • Run for public office
  • The full protection of U.S. Constitution and laws

Do I Need To Submit an Affidavit of Support To Help My Husband Receive His Green Card If I Haven’t Worked For Years?

1
Question:
I am the petitioner for my husband’s green card application, do I need to submit Form I-864 Affidavit of Support if I do not have a job or worked for the past three years?
Answer:
All petitioners must submit an Affidavit of Support. In your case, you will need to submit an affidavit or information that you have not worked for the past three years and have not filed income tax returns. You will, however, require a joint sponsor or a sponsor/household member agreement or file for an exemption if the beneficiary has already worked 40 quarters or the beneficiary can document assets totaling five (5) times the deficiency amount.

How Can an Abused Wife Prove Her Husband’s Immigration Status?

1
Question:
I am the abused wife of a permanent resident. I am currently staying at a shelter with my two boys. I have filed for a green card under the abused-spouse section of the law, but the application was returned to me for proof that my husband is a U.S. citizen or a permanent resident. When I fled the marital home, I did not take any documents with me and my husband refuses to help me unless I return to the house. What can I do?
Answer:
In your case, primary evidence that your husband is a permanent resident would be a copy of his green card. Since you do not have a copy of that document, you will need to come up with some other secondary evidence.Try to think of a situation in which your husband had to produce his green card and whether or not he had to leave them a copy. For example, did he ever file for you to obtain your own green card, in which case he would have been required to reveal his own immigration status? Was he required to reveal his immigration status when you obtained the marriage license?If you absolutely cannot present primary or secondary evidence of his immigration status, the Immigration Officer will attempt to electronically verify his citizenship or immigration status from information contained in DHS computerized records. I would respond to USCIS and ask them to verify his records through their system.

How Can An Employment Based Green Card Holder Help His Family Obtain Green Cards?

1
Question:
I received my green card through my job. My boss says that he will help me to bring my wife and children to come live with me here in the U.S. How do we accomplish this?
Answer:
As long as you were married to your wife prior to obtaining your green card, and as long your children are unmarried and under 21 years old, and the visa number remains current, you may file for them as "following to join."However, if you married after obtaining your green card or the children were born after obtaining your green card, you will need to file the Alien Relative petition, and they will have to wait for visa numbers to become available according to the priority/filing date.

How Can I As a Green Card Holder Help My Fiancée Obtain Green Card?

1
Question:
I married a U.S. citizen and got my green card. I was very unhappy in the marriage and we divorced after the condition was lifted. I am now in love with somebody else and we want to get married.
  1. I spoke with a lawyer who told me that it is quicker for my new fiancée to get a green card if I am a citizen. Since I was in the first marriage for more than three years before the divorce, can I just file for citizenship based on that marriage?
  2. If I marry my fiancée immediately, will she get her green card right away?
Answer:
  1. A person may only file for citizenship based on a marriage, if the citizen spouse has been a citizen for at least three years; they have been married for at least three years; the non-citizen has had the green card for at least three years, and they are still happily married. Otherwise, if you are not in the Military, you will have to wait the normal five years to apply for citizenship.
  2. If you are still a green card holder, your new spouse would fall under the second preference category and will have to wait for a visa number, based on her priority date, to become available. If called to an interview, you will be questioned carefully to determine whether there is any marriage fraud relative to the prior marriage.
And, of course, your new spouse may be subject to the 3 or 10-year bar. This, however, can be cured if you become a citizen.

How Can I Help My Mother Obtain Her Green Card If My Aunt Adopted Me?

1
Question:
I was adopted by my aunt and I got my green card. My real mother wants to come live here, can I petition for her green card?
Answer:
When your Aunt adopted you, she became your "legal" mother and totally responsible for you and your well-being. Under current immigration law, you may not file for your biological mother; she lost that legal right at the adoption.If your Aunt or Uncle is a US Citizen, (s)he could file for your biological mother in the category "brother or sister of a citizen."

How Can I Help My Spouse Obtain Her Green Card When She Entered United States With a Fake Passport?

1
Question:
I want to file for my wife’s green card. She tells me that she entered the U.S. on a passport belonging to another person. Do you think that she will have trouble with immigration?
Answer:
Yes, I think that she will because she has no way of proving legal entry. She may even be found to have entered the U.S. thru “fraud or misrepresentation." However, depending on the jurisdiction, she may qualify for a waiver.

How Can I Help Son from Being Deported For Possessing an Unlicensed Gun?

1
Question:
My son is charged with possession of an unlicensed gun. He is currently in deportation proceedings. Is there anything I can do?
Answer:
The last time I checked, possession of an unlicensed weapon is not a crime involving moral turpitude. Thus, it does not make him inadmissible. It does, however, make him deportable. Since it is not an inadmissible offense, you or some other immediate relative could possibly file for your son to re-adjust his status in the U.S. Ask for adjustment of status as a possible relief from deportation.

How Can I Protect My Green Card If I Need To Finish Business In My Home Country Before Moving To US Permanently?

1
Question:
I just got my green card, but I need some more time to close out some business in my home country before I move here permanently. How can I do this without jeopardizing my green card?
Answer:
If you plan to be away from the US for more than one year, you should file for a Reentry Permit. This will allow you up to two (2) years of absence from the U.S. Although, this time will not be counted towards future citizenship.

How Do I Report Voluntary Departure to ICE?

1
Question:
How do I report Voluntary Departure to ICE?
Answer:
The individual should report to American Embassy, in person, and bring the following documents:
  • Original Passport or Copy of Emergency Certificate
  • Tickets and Boarding Card on which they traveled out of U.S.
  • The form provided by U.S. Immigration and Customs Enforcement prior to departure from U.S.Form I-392, G-146 or Form I-210 in the original copy.
After examining the documents, the Embassy Official signs and seals the original forms and gives one to the individual. It should be submitted to ICE, who should place it on the individual’s file.

How Do I Submit A Hardship Waiver for My Husband Who Overstayed His Visa?

1
Question:
My husband did not get his green card at the embassy interview because he had overstayed his visitor’s visa for more than 8 years. They told him that he would need an approved hardship waiver before they will allow his return to me and our 5 children. What on earth is a hardship waiver, and how can I get this approval?
Answer:
“Extreme hardship” is a hardship that is, “greater than the hardship normally expected when a person is involuntarily separated from the US citizen or permanent resident spouse or parent (Relative).” Each case is different, but a few examples would be:
  • The relative may have a major medical condition
  • Is unable to move abroad due to ongoing treatment scheduled in the U.S.
  • Needs the immigrant to remain in the U.S. to care for the relative
  • The immigrant’s country is in a state of war or some kind of major political upheaval
  • Sometimes there are children and the other parent will not allow the immigrant to take the children out of the U.S.
  • The children have formed a strong emotional attachment to the immigrant
  • The immigrant has a child s(he) is about to financially put through college

How To Stay Deportation Due To Sickness

1
Question:
The Immigration Judge ordered that my uncle be deported from the U.S. He did not report to the hearing because he is very ill and in the hospital. Is there anything we can do to prevent them from deporting this very sick man and sending him to his grave?
Answer:
There is Form I-246, application for a stay of deportation or removal that he can file at the local Detention and Removal Operation(DRO) office. Your uncle will need to show his:
  • Current and valid passport
  • Birth certificate or other identity documents
  • Police reports if applicable
  • Disposition of all arrests, court disposition, etc.
  • Medical documentation from his doctor to support his claim that he cannot depart immediately as ordered
  • Evidence that he does plan to comply with the order i.e. plane ticket, itinerary, etc.
If his application is approved, he will be issued an Order of Supervision and he will be required to comply with the conditions set forth in the Order of Supervision. It is possible for him to be approved for up to one year or more, depending upon his continuing situation.

How Will Absence From United States Affect My Green Card?

1
Question:
My father was taken very ill and he is not able to travel back to the U.S. I need to go be with him for some time, I think for more than one year. How will this absence affect my green card? I need to make a decision, can you help me?
Answer:
If you are a green card holder, and plan to be away for up to two years, you should definitely file for a Reentry Permit. This travel document will allow you to be absent from the U.S. without putting you permanent residence in jeopardy. Remember though, that the time spent away from the U.S. will not be counted towards qualifying you for citizenship.

I Skipped My Deportation Hearing But Want To File for Green Card

1
Question:
I did not attend my deportation hearing. I have since married and my husband wants to file for my green card. When we file the papers, will Deportation arrest me?
Answer:
Generally, you will need to file a motion to reopen the deportation hearing and present to the judge your reason for not attending the prior hearing. Meanwhile your husband may file the alien relative petition with USCIS, and if the case is reopened you could request adjustment of status as an option.

Is It Normal for an Application to be Transferred?

1
Question:
I received a notice that the I-130 that I filed for my husband has been transferred to the California Service Center. Should I be concerned?
Answer:
I don’t think you should be concerned. The transfer notices that I have been receiving lately explains that, the transfer is done with the intent of speeding up the adjudication of the application or petition, and indeed this has been true.

Is There a New I-9 Form?

1
Question:
Is there a new Form I-9 for employers to use? When does it go into effect?
Answer:
Yes, there is a new Form I-9 Employment Eligibility Verification. It became effective on Friday, April 3, 2009. The major difference between the new Form I-9 and the old one is that all documents presented during the Form I-9 procedure must be current.

R-1 Visa For Religious Purposes

1
Question:
My uncle is a pastor back in my country. He is convinced that his calling is to come to the United States to save souls. He is positive that his prayers and good counsel is sorely needed here. Is there a visa for which my uncle could qualify?
Answer:
Yes, your uncle may qualify for an R-1 Non-immigrant Visa. The R-1 is very useful in assisting religious organizations in the United States that desire the infusion of new energy into their faith through the importation of members from overseas branches, affiliates, or similar entities. It also allows individuals engaged in religious occupations to enter the United States to perform services related to their religious calling or vocation and to receive payment for their work. This status could lead to an immigrant visa in the EB-4 category, if desired.

Suggestions for Immigrants Travelling Outside of United States

1
Question:
Could you please go over the tips that you previously shared with persons traveling outside of the U.S.?
Answer:
  • Make sure you have the proper travel documents for the country you are visiting.
  • Make sure you have the proper travel documents for your return to the U.S.
  • Remember that you now need a passport to travel to and from the U.S.
  • When you arrive at the U.S. port of entry, be prepared to explain the purpose of your trip.
  • Provide all information on items that you purchased abroad.
  • If you are a visitor to the U.S., you may have to provide biometrics, digital finger scans, and photograph, to verify your identity.

What Are My Responsibilities If I File a Affidavit of Support?

1
Question:
I have listened to you on the radio and you have discussed the Affidavit of Support. Now I have a problem, a very good friend of mine has asked me to do an affidavit of support to supplement her’s for her husband. If I do this, what are my responsibilities?
Answer:
I get this question a lot. In a nutshell you will be equally responsible for the financial support of the beneficiary for up to 10 years until and unless (s)he becomes a citizen of the U.S. or earns 40 quarters of social security income.

What Are The Options for an Abused Spouse Who Entered United States Without Proper Papers?

1
Question:
I am an abused spouse, but I am afraid to file anything with Immigration because I entered the United States without the proper papers. Will I be deported if I file as an abused spouse?
Answer:
You accrued “unlawful presence” if you remained in the U.S. after the expiration of your authorized period of stay or if you are present in the U.S. without being admitted or paroled.Currently, battered women and children are waived unlawful presence.

What Can I Do If I Filed For My Children But Do Not Earn Enough Money to File an Affidavit of Support?

1
Question:
I filed for my children, but I do not make enough income for the Affidavit of Support. What should I do?
Answer:
You will still need to prepare and file your Affidavit of Support, but you will also need someone willing to take the responsibility; someone who makes enough of an income to satisfy the poverty guidelines. This someone will also submit an additional Affidavit of Support document, with proof of immigration status and income.

What Can I Do If I Had a Job Change While My I-140 and I-485 Were Pending?

1
Question:
My job filed for me under the 245i Visa Waiver. My employer sold the business and the new owner brought his own family to work with him and fired me and all of the former workers. The Form I-140 Worker Petition, filed by my former employer, and my Form I-485 Adjustment package is still pending. What can I do?
Answer:
Under the American Competitiveness in the 21st Century Act (AC21), if you are the beneficiary of an approved Form I-140 and your Form I-485 has been pending for more than 180 days, you are eligible to change to a same or similar position without having to begin the process all over again.If you have a new employer and s(he) is willing, they may file for a new labor certification under PERM for your new position. You will be allowed to use the priority date of the application that was filed by your first employer. This is also true if you now file for your green card through other legal means.Of course, you will be required to pay the additional $1,000.00 fee.

What Can I Do If My Spouse Is Abusing Me And Will Not File For My Green Card?

1
Question:
My husband promised that he would file for me to get a green card, but he refuses to sign the papers. Instead, he and his father verbally abuse me and take my money. I cannot sleep, I am afraid, and I am desperate. What do you think I should do?
Answer:
This sounds like a case of abuse. Remember, abuse takes several forms which include: physical, mental and/or emotional abuse. It is possible that you may be able to file for a green card as a Special Immigrant Abused Spouse. Under this section of the law, any illegal entry or overstay of your visa is waived.

What Happens After an I-130 Form Is Approved?

1
Question:
My Form I-130 was approved for my husband. What is the next step?
Answer:
USCIS will send the approved petition to the National Visa Center, which is under the U.S. Department of State (NVC). The NVC collects the fees, the support affidavits, the visa application, all necessary civil documents, photos, police certificates, etc. They review all the forms, schedule the appointment at the U.S. Embassy or Consulate, and mail out the appointment letter. Most of the NVC’s correspondence is now being done by email.

What Is a T Visa?

1
Question:
On the subway the other day, I overheard two people discussing someone who had obtained a T Visa from Immigration. What is this? How can I qualify for this visa?
Answer:
The T Visa provides immigration protection to you if you are a victim of a severe form of human trafficking. Non-immigrant individuals under a T Visa status are required to have three years of continuous presence in the U.S. or a continuous period of an investigation or prosecution of the acts of trafficking before they can adjust to permanent residency status. Adjustment of status cap is 5,000 per year.

What is AC21 Portability?

1
Question:
What is AC21 Portability?
Answer:
The term “AC21” is short for American Competitiveness in the 21st Century Act. Sec. 106 permits an employment-based Adjustment of Status applicant, whose Form I-485 Adjustment of Status application has been pending for more than 180 days, and whose Form I-140 Alien Worker Petition has been approved to change jobs, or employers, anywhere in U.S. to a same or similar job classification as described in the approved Form I-140 Alien Worker Petition.

What Is An Extreme Hardship Waiver?

1
Question:
My husband left the U.S. and went home to process his visa. The Embassy has informed him that since he worked here without permission, he will need to file a waiver for “extreme hardship”. What is “extreme hardship”?
Answer:
“Extreme hardship” is hardship that is, “greater than the hardship normally expected when a person is involuntarily separated from the US citizen or permanent resident spouse or parent (Relative).” Each case is different, but a few examples would be:
  • The relative may have a major medical condition
  • Is unable to move abroad due to ongoing treatment scheduled in the U.S.
  • Needs the immigrant to remain in the U.S. to care for the relative
  • The immigrant’s country is in a state of war or some kind of major political upheaval
  • Sometimes there are children and the other parent will not allow the immigrant to take the children out of the U.S.
  • The children have formed a strong emotional attachment to the immigrant
  • The immigrant has a child s(he) is about to financially put through college

What Is Optional Practical Training?

1
Question:
My cousin is here on an F-1 Student Visa and will graduate this summer. His program offers optional practical training. Do you know anything about this? What is optional practical training? Is this like a permanent employment status?
Answer:
Optional Practical Training (OPT) is temporary employment directly related to a student’s major area of study. Students are authorized to receive up to 12 months of practical training. But the maximum period of OPT was extended from 12 months to 29 months for F-1 Students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in U.S. Citizenship and Immigration Services‘ (USCIS) E-Verify employment verification program.
  • Pre-completion OPT: Student may be authorized to participate after being enrolled for one full academic year.
    • Must be directly related to the student’s major area of study.
    • Must work part-time while school is in session.
    • May work full time when school is not in session.
  • Post-completion OPT: Student may be authorized to participate upon completion of studies.
    • All periods of pre-completion OPT is deducted from the available period of OPT.
    • Must be directly related to the student’s major area of study.

What Is The H-1B Program?

1
Question:
I keep hearing talk about the H-1B cap. What is that, and how does the H-1B Program work?
Answer:
U.S. employers use the H-1B program to hire, on a temporary basis, highly specialized employees such as doctors, engineers, teachers, researchers in a wide variety of fields, accountants, medical personnel, and computer scientists. These unique skills and knowledge are said to be in short supply in this country, thus U.S. businesses use the program to alleviate temporary shortages in these specific occupations, and to acquire special expertise in overseas economic trends and issues, thereby allowing them to compete in global markets.U.S. employers also turn to H-1B professionals when they recruit post-graduates from U.S. universities. Foreign students represent half of all U.S. graduate enrollments in STEM subjects (science, technology, engineering, and mathematics). There still are not enough U.S. students graduating with advanced degrees in these fields to fill highly specialized positions, and according to the Bureau of Labor Statistics (BLS), the demand for such graduates will increase substantially in the next ten years.

What Medical Conditions Would Render Me Inadmissible?

1
Question:
What medical conditions would render me inadmissible anyway?
Answer:
There are four categories of conditions that may render a person inadmissible. The four categories are:
  • Communicable disease of public health significance such as Chancroid, Gonorrhea, Granuloma Inguinale, Infectious Leprosy, Infectious Stage Syphilis, HIV, Active TB, etc.
  • Failure to show proof of required vaccinations
  • Mental or physical disorder with associated harmful behavior
  • Drug Abuse or Drug Addiction

What Relatives Can a Citizen File For?

1
Question:
I am a United States citizen, my parents have passed and my aunt raised me. Can I file for my Aunt and cousins?
Answer:
Currently, the law does not allow you to file for your aunts, uncles, or cousins. You may, however, file for your spouse, your children, your natural parents or adopted parents (if you were adopted before age 16), your married or unmarried sons and daughters, and your married or unmarried brothers and sisters.

What Should a Citizen Do If His Fiancé Leaves Him For Another Man?

1
Question:
I am a U.S. citizen. I filed for my fiancé of two years to come to the U.S. so that we could marry. When I visited her overseas, I got along very well with her and her family members. When she arrived at Kennedy, I was there to meet her and everything seems fine. I left for work the next day, but when I returned home she was gone. I heard that she is staying with her old boyfriend. I still love her and want to get married. What should I do?
Answer:
I am so sorry to hear of your situation. This happens sometimes. This does not ease the pain in your heart, but rest assured that under current law, your ex-fiancée will not be allowed to change her status to permanent resident on this trip. For example, if she should marry the love of her life, he will have to re-file for her, and she will have to return to her country to get her permanent resident visa.

Who and When Can I File For After Becoming a Citizen?

1
Question:
I will be sworn in as a United States citizen this month. How soon can I file for my parents? Can I also file for my aunt who raised me?
Answer:
You can file for your parents as soon as you are sworn in as a US Citizen. You may file for your spouse, parents, children, sons and daughters, brothers and sisters. However, you may not file for aunts or uncles.

Why Did I Receive a Request For Evidence On My Case?

1
Question:
Why did I get a Request for Evidence on my case?
Answer:
Requests for Evidence are becoming more and more common in all types of cases. Sometimes they may ask for items which you have already submitted or which may not even be legally required for your case. This is not an indication that your case will be rejected; they are merely requesting further documentation.

Why Is There a Discrepancy Between The Length of Time Listed on my B1/B2 Visa and How Long I Was Told I Could Stay For a Visit?

1
Question:
I am visiting my sister here in the United States. My B1/B2 Visa distinctly says that I have five years, but the Inspector at Kennedy Airport only gave me three months. How can I get him to correct this error?
Answer:
Actually, the visa is only the authorization for the transportation company to take you to the U.S. The five-years written on your visa indicates that within that five-year period, the transportation line may bring you to the shores of the U.S. without any detriment to themselves.The visa does not guarantee your admissibility at the U.S. port-of-entry. The U.S. Customs and Border Protection (CBP) officers are the ones who decide if you will be admitted and for how long, depending on your stated reason for coming here.When you were admitted into the U.S., you were given an I-94 (small white card). On the I-94, the USCIS marked your date of admission and your maximum period of stay, usually a date up to 6 months. You may apply for an extension of that date or you may apply for a change to another visa category.