What if any relief is available for those of us that are in the states under the family reunification laws(?). Can we adjust status??. I was told that we could not. Do we just keep renewing work permits??

Dear Anonymous:

You will only be able to file for permanent residence when your priority date becomes current. Until then, you can continue to obtain extensions of your work permit. Good luck.

hi my name is bing,
i did received alot of good advice from your office thanks alot!
im married now and have children ,my husband and two kids in the philippines.iam recently with my mom here in u.s as b2 visa.
i was petetioned and approved last 1992 when i was single over age thou.
my father died last march he was a citizen and my mom too.
my question is can i be qualified to file form 817 for family benefits?
please give me some advise thanks alot!

Dear Bing:

To be eligible to file form I-817, Application for Family Unity Benefits, you must meet one of the eligibility grounds.

Since there are many different grounds, and we do not have enough information about your case, we would suggest that you download a copy of the form and instructions. Pay particular attention to Step 1 to see if you meet any of the eligibility grounds. Good luck.

Hi,I am a US citizen who married on Ascension Island and had a son. I now work in Florida and I filed an I-130 in June but want to bring my wife and son here on her visitor visa because I'm missing my son's life (first words, steps, etc.) Will she get stopped and will we have trouble with the INS? I can't wait a whole year to see my family again but don't want to leave my country either. I am losing weight and my mind. Help!

Dear Mr. Cobb:

First of all, it may be possible to apply for the child's naturalization as a US citizen. However, if you do not meet the qualifications, you must file a separate I-130 petition for the child. Otherwise, when the petition for your wife is approved and she receives her immigrant visa, only she will be able to come to the US; not the child.

From the information in your e-mail, we do not see how the child will be able to enter the US. Even if your wife has a visa, the child does not. Assuming that the child does have a visa, there is still the problem of your wife and child being able to enter the US as visitors. If they can convince the immigration inspector at the port of entry that they truly intend to enter only as visitors, and will return to their country prior to the expiration of their authorized stay, they may be permitted to enter.
On the other hand, if the officer believes that they intend to remain in the US and file for adjustment of status, they could be denied entry.

Because of the many issues and potential complications in your case, we would suggest that you speak with an immigration law attorney before you take any definitive action. Good luck.

Hello,

Is there any hope that in lights of the INS reforms the waiting lines will be getting shorter?

Thank you.

Dear Wonderer:

There is always hope, but we really don't see much happening within the next year at least. Good luck.

Dear Immigrationlink,
I filed a K3 peition for my husband on Jan 2002.My service center is San Antonio, TX. Till now, there's no word from the INS. How long does it usually take to process a k3? Is there any site on the web which provides the present status of a K3 petition? Please advice.

Hi,
i married a greencard holder in america by the end of last year and then as my status expired i came back to pakistan .. things didnt work out so i had to give her a divorce from pakistan after 4 months .. i was on my H1 visa in USA.. and currently in pakistan.
now that i hav mailed INS for the cancellation of my greencard case filed in the strt of this year along with the divorce deed. so i need to know when INS will cancel my case and when will they notify me or how long would it take for me to recieve the final documents.. if any..

my second question is..
my former coworker in america has proposed me for the marriage.. she used to work with me in america as she is an american, as i hav no proof in the forms of pictures of us both together only that she used to work with me in the same office while i was on my H1.
so would you please answer my query that what will b the procedure for the cancellation of my case, and if i go for remarry...

Thanking you.

I am a benificiary of the 245i. I will soon receive my green card. When can I apply for petition for my kid, and how long would it take him to receive it and get here?

Dear Anonymous:

Technically, your first wife was the petitioner with Immigration, therefore, she is the one who would have to cancel the pending petition.

In reality, however, it does not make a difference since the petition is automatically considered terminated upon your divorce.

That means that you are free to marry and have your new wife file a petition for you. Keep in mind that you must establish the validity of your marriage. The fact that you were just recently married to a permanent resident, who filed a petition for you, could raise issues as to whether this is a genuine marriage or not. For that reason, you should have good proof of your relationship to both your first and current wives. Good luck.

Dear Anonymous:

In order to better answer your question, please tell us how you are receiving permanent residence. Is it through an offer of employment, or through a family member?

It may be that your child can come as a following-to-join alien, which will be much faster than if you have to file a petition on his behalf. We will await your reply. Good luck.

Please help. My wife and I hac our interview on 8/14/01 after waiting 3 years since filing. The AO told my wife that she needed more time to review the case. 2 weeks later we were notified that all we are missing are valid fingerprints. We went at the appointed time last november and have heard nothing since. My wife's mother was put into the hospital for a medical emergency and since my wife is the only child we had to go. We were able to get an advance parole and was assured by the officer that it would not jeopardize our case. Well you guessed it. It did. We filed an inquiry into our case in person this week and the officer told us that since my wife left the country she is now considered to be unlawfully present in the U.S. and has to file a form 601. What exactly is this and how should I fill it out? Sorry for the length, but this whole affair has been a nightmare.

Hello,

I'm applying for a TN Visa (NAFTA agreement) and my epmloyer is waiting for the approval, he told me that the border crossing will be notified when INS approved the Visa, since I'm outside the US I'm wondering if still should I have to go to the consul at my country and apply for another kind of visa, or if I just could cross the border with the approved paper...
Also I would like to know when your web site for checking case status online will be working...

Thanks for your attention

I am a USA citizen since 1992, I am from Argentina. My daughter is 14 and she is getting comfirm 9/5/02 in St. Joseph Church in Dexter, MI. We invited my sister (she leaves in Arg.) to come for the ceremony but her visa has been denied under section 214(b) twice. She owns a business there and her family is not coming with her. I am the owner of a rehabilitation facility and my husband is a pilot for Northwest airlines. We are willing to be completely responsible for her expenses here and guaranty that she returns within a month to Argentina. Please give me advice

Dear Anonymous:

It appears that your wife was given incorrect advice when she was told that her leaving the US on an advance parole would not cause a problem with her case.

The I-601 is a form requesting a waiver of the 3 or 10-year bar. The Attorney General has sole discretion to waive the unlawful presence in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien.

If you are the principal applicant for permanent residence, then your wife could show the hardship to you if she is not granted the waiver. She should also state in the application that the sole reason she needs the waiver is because she was given incorrect advice by an INS employee.

It is vitally important that the waiver application be completed properly. Therefore, we would suggest that you speak with an immigration law attorney who has experience with that type of case. Good luck.

what else should i submit with my waiver for grounds of excludability. a supporting letter from my petitioning spouse or from me to prove extreme hardship. thank you!

Dear Mrs. Herlinger:

Unfortunately, US consuls abroad have virtually unlimited discretion in deciding who will be issued visitor visas to enter the US. Their decisions cannot be appealed to any higher authority.

The best thing you can do in your sister's case is for you and/or your husband to write a detailed letter explaining all of your sister's equities in Argentina, as well as your desire that she attend your daughter's confirmation. You should attach documentation of your sister's ties to Argentina, and you can also show your assets in the US. You can even offer to post a bond to guarantee her timely departure from the US. Your sister will present this letter when she makes another application at the consulate.

While this method is no guarantee, it does give her one additional shot at getting the visa to visit with you and your daughter. Good luck.

Dear Anonymous:

You should submit a detailed affidavit explaining how you will suffer extreme hardship if your wife is not permitted to re-unite with you in the US.

You should also submit any evidence of the extreme hardship that you will suffer. This can include doctor's reports of any physical or psychological suffering, joint ownership of property together, economic hardship that may be caused to you, hardship caused to any other US citizen or permanent resident family members, etc. You should back up the above statements, with physical documentation. Good luck.

hello i m from india name is tarak shah my father went to usa before 10 months on blood relation basis now they have greencard too

i m above 21 yrs .i know that as i have completed 21 yrs i cant go to us. but president bush has passed a new law where such children can meet there parents in us quickly

if some one can give me good advice i m thankful to him my email id is nehal_5000@yahoo.com

Dear helper,

My grandfather (a US citizen) has filed a petition for my mother in F3 (married sons and daughters) category in November 1999. At that time my age was 16 years. The visa call is expected none earlier than 3 years. So, according to rule I won’t be able to go with my mother as my age will exceed 21 years.

I heard of “Child Status Protection Act” and checked it on some website (it was like thomas.loc.gov) and other sites but I could get no important information.

I want to know whether I will be able to go with them (according to this child act) irrespective of my age exceeding 21 years OR they will deny my visa.

Please tell me if u need any further information for giving solutions.

Thank you,

Kunal D Mistry

Hi,
Here is my situation. My uncle filed pettition for my mother 14 years ago for Immigration to U.S..A. (for green card). Now after 14 year she got her papers asking her to submit affidavit of Support(I-864). I myself am Permenant resident and systems engineer. My aunt is a U.S. citizen and she is a doctor. We both filed affidavit of support for my parent. but American Embassy rejected it by saying that they need Affidavit of Support from "Original pettitionar" i.e. my uncle. My uncle is refusing to file it due to reasons of his own.
My question is that the purpose of Affidavit of support is to ensure U.S. Government that my parent will not goto welfare if anything goes wrong. Which myself and my aunt are giving that assurance, so is there a way to convince U.S. embassy on that argument?? Also is there any law/procedure through which we can use mine or my aunts Affidavit of support in my parents case?
My parents have waited 14 years for this opportunity and now they are desperate to come over here and live with me. Please help me.

Thanks!!

Kashif
bawany_misc@yahoo.com

hi,
my name is al a citizen and married to a lady in nigeria in 1997. i filed form 1-30 for her and step son. she was denied visa and was charged with smuggling. does this constitue smuggling in immigration law. can you tell me my options to get my wife here. this in fact is very annoying and frustrating.

Hi,
For My father family visa(F-4) is under processing(since 1993)! As you know it takes a long time to get that Visa!
Meanwhile can I(Citizen) sponsor him for Visitor visa! My father want's to attend a marriage in USA(In jun 2003).
I heard that Visitor's Visa applicant shouldn't have the intention of statying in USA permanently! Will that above F-4 Visa complicate in getting Visitor's visa? He is ready to cancel F-4 Visa processing because he doesn't have any intention to immigrate!
I appreciate your reply!

Thanks
Anand

Hi
I am a US Citizen, my mother, step-father and my 14 years old brother live in Ukraine. I filed I130 petitions for them. My mother and step-father already recieved their approvals. Can my brother come over through my mother.

Hi, I'm Lyra. My husband is a US citizen and we got married in US in 2001.
I'm now residing in the Philippines. I have a 10-year B1/B2 visa. Is it possible to go to US on my B1/B2 visa then change my status there instead of going through consul processing here in the Phils?

Hi,

I am a US citizen sponsoring a wife in China. My wife does not want to get pregnant because she worries about delays in her K-3 application. Is it true or not? She thinks that if she gets pregnant right now, she can only be approved for her K-3 after the baby is born.

Thanks in advance!

Hello,

I am a US citizen married for 5 years to a foreign national. We currently reside outside the united states. Her son 12 years of age is severely handicapped (requires 24hr care)due to a brain hemmorage and is in therapy/treatment in our country of residence. I travel internationally frequently due to my job, and we couldn't possibly live in the US because we don't want to interrupt his treatment here, and my wife requires the help of her extended family here to take care of him. I have heard that a green card can still be issued and the requirement to actually reside in the US can be waived in certain cases.(Due to employment overseas). I dearly wish for them both to eventually have the benefits of a US citizenship. Do you think the requirement could be waived in our case?

Thank You

To Whom It May Concern,

I would like to procure green cards for my alien wife of 4 years and her daughter age 13. The problem I face is that although I am not her biological father, I appear on her birth certificate as her father. I did know her when the child was born. I have never signed the birth certificate. In my wife's country with the birth certificate unsigned by the father, she is considered the only legal guardian. How can this affect my petition?

Thank you for your advice.

To Whom It May Concern,

I would like to procure green cards for my alien wife of 4 years and her daughter age 13. The problem I face is that although I am not her biological father, I appear on her birth certificate as her father. I did know her when the child was born. I have never signed the birth certificate. In my wife's country with the birth certificate unsigned by the father, she is considered the only legal guardian. How can this affect my petition?

Thank you for your advice.

Hello,
I have a question about the situation that I am in. I am married and living in US and have a green card. My wife is in pakistan with my daughter. Both my wife and daughter are Candian Immigrants. I have not filed anything for them on my green card as I am going to be US citizen soon (1st July 2003 I have the interview appointment for citizenship).

So I am planing for my wife to get the US visit Visa from Canada by telling them that I am here in USA and onece she comes here in Augest time frame and at that time I be citizen I will apply for the change of status for her and my daughter from US. So question is can I do that??? As they will be here on Visit visa and I be citizen...

Or should I have them wait in Pakistan and get the US citizenship and apply for them for the K3 visa. but i am not sure how much time that takes...Can I apply for this before I get the passport or do I need to wait to become the citizen first and then apply the form (I-129 or I-130)?

So what I need from you to tell me what is the best course of action and how much is going to cost me if I do that process from you.

Thanks.
Mouzam Khan

My wife and I are at the end (hopfully) of the long process of Permanent Residence in the US. I would like to have our Children to join us as soon as posible. You said somthing about "following to join" is that the same as filing I-824? Thank you.

Dear Helper,
I am in the US on a student visa [f2] (but I'm out of school but my visa expires in 2005)and have a wife and a kid. However, my sister will be obtaining her citizenship in July and she wishes to sponsor me to residence status. My question is will I be granted that status; how long will it take; will I be required to leave the US; will I be granted the opportunity to apply for work permit while waiting? Appreciate your response.

Wanted to know the status of Mekuria's application
for Reda, Etenish and children.

My daughter is 16. She has a baby and is pregnant again to the man she wants to marry. He is an illegal immigrant and is in jail for statetory rape of my daughter. He is innocent. They want to get married but can't seem to get any help. I am willing to sign her marriage papers. He is a great guy and I am honored to call him my son. How can we get them married and get him out of trouble? Please HELP.

My daughter is 16. She has a baby and is pregnant again to the man she wants to marry. He is an illegal immigrant and is in jail for statetory rape of my daughter. He is innocent. They want to get married but can't seem to get any help. I am willing to sign her marriage papers. He is a great guy and I am honored to call him my son. How can we get them married and get him out of trouble? Please HELP. We are running out of time.

This CSPA thing is unfair and confusing....... I'm born Feb. 28 1978

My Timiline: (F-4)

- Feb 1989: I-130 Submitted
- March 1989: I-30 Approved
- July 1998: Father Passed Away
- July 2000: Date Current
- March 2001: Recieved Approval
- May 2001: Graduated From a College in US
- Summer 2001: My Mom Got Cancer

Currently (Feb/March 2004) Mom Is fine, now she contacted the embassy
to continue on with paperwork. They said everything is ok, with no
problem. We changed countries in this period, so we're transfering
the file. My mom asked if i'm eligible for CSPA, they said it's
difficuilt, but we'll take it one step at a time.

Do they do exceptions??? I'm in the UAE, can the consulates do
exceptions for CSPA? Do I apply, or no? I was just 17 months above 20
when our date became current, looking back at the visa bulletine our date became current at june 2000, recieved things in old country march 2002. Finally my mim is ok, now she wants to proceed, but doesn't want to travel without me, any exceptions? Do they do anything if the husband (my father) died? Please Advice!

Ziad

hi sir im zain im asking again form u for our case our case category is f-3 plz tell us that how long does it take to proceed and when v'll be in u.s.
thanks

Hello,

My father is US permanent resident.He left us 3 years ago.Here is my current case status :
Your I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN was received on April 2, 2003. We mailed you a receipt with information about processing. It is taking between 610 and 640 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
How long will it really take to process this kind of case? At first it was 410-490 days and now 610-640
I have graduated from school this year.I wonder if I can apply for student visa.I want to enter university in USA and live with my father.