sir,

My brother who was a US citizen filled a petition for me and my wife for Permanent Residence in 1982. There after he died, but we recieved a letter from American Embassy New Delhi (India )in 1991, stating that you are required to submit, few documents like billigraphic visa forms, bate of birth cert. ect ect for your immigration visa purpose, but as my brother expired and as i lost contacts with my brother's wife. I could not persue my case.

Kindly, guide me weather i am still elligible for my green card, under this new 245(i), if yes what i have to do all, please guide at the earliest, i would be greatfull to you.

Please do reply

Dear Deepak:

You, your wife, and all of your children who were under the age of 21 when your brother filed the petition are already grandfathered under section 245(i) because of the previously-filed petition.

However, you still need to find a way to obtain permanent residence since you cannot proceed through your brother's petition any more. Good luck.

Hi, what if i entered U.S. after December 21, 2000 with a valid visa for three months; my mother is a permanent resident; she filed a petition for me in 1995; i am over the age of 21; unmarried; am i grandfathered under the new 245(i) and can i remain staying in U.S. until the visa number my mother filed for me becomes current or i have to go back to my own country for immigrant visa?
Your help is greatly appreciated.

Dear Anonymous:

You are grandfathered because a petition was filed for you on or before 1/14/98, the old 245(i) deadline.

Since you may have the problem of visa fraud if you remain in the US unlawfully, and then try to adjust under the old petition, you may wish to speak with an immigration law attorney before you make any final plans. Good luck.

My four children were approved their immigrant visa in 1996 at the american embassy in the philippines. At that time, only 3 of them came to the u.s. and at the port of entry they had their passport stamped with a red seal and then received their card in the mail. My question is with my younger son who decided to stay in the philippines and did not travel with the rest of my children. He was also granted his visa but because he was still young, he stayed and now wishes to come to the u.s. My question is if he still has his permanent residence and can come with the immigrant visa granted to him in 1996 or am i required to file a new petition for him. Note: on the passport that they took to the embassy the day of the interview was stamped stating an immigrant visa was granted.

Please advise on what to do.
Thank You.

Dear Julian:

The pertinent provision in the State Department Foreign Affairs Manual reads as follows:

"9 FAM 42.53 N8.1 After Visa Issuance but Before Admission to United States (TL:VISA-61; 6-5-92)
An alien issued an immigrant visa who fails to enter the United States would be entitled to the priority date previously established by the petition. However, since the visa has expired, the alien must apply for a new visa. If all the circumstances remain the same, the consular officer may proceed with issuing the visa. If, however, the same circumstances do not exist, the consul should refer the case to the Department (CA/VO/L/A) for an advisory opinion. [See 22 CFR 42.74(b).]"

Therefore, if your child still meets all of the qualifications for the visa, he should contact the consul and request the proper forms so that he can apply for a new visa. The regulation does not require that a new petition be filed. Good luck.

dear sir i m in troble
because im married in ukraine i have all the certificate when i apply the visa for my wife the matla police imagration refuse her visa i dont now way i have all good even the certificate in malta