there is no waiver available.Question #4

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Attorney Gail S. SeeramThrough 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 have been scheduled for a Visa appointment but to my understanding all paper work and payments were done for my son who they now claimed have aged out. Can you please explain to me how this works or if there is any alternative?Answer #1:      If the visa is available then an analysis under the Child Status Protection Act (CSPA) would need to be conducted to determine if your son age can be recomputed based on the wait time between when the I-130 was submitted and when it was approved.  Note, this analysis and claiming eligibility for a visa under CSPA must be done within one year of the visa becoming available.Question #2:     This year October my sister will be in her 4th year as a permanent resident and a green card holder.  Can she sponsor my two younger sisters before the end of the year (2013)?Answer #2:    Your sister would have to apply for U.S. citizenship and become a U.S. citizen before she is eligible to petition for a sister or brother.Question #3:    I tried to enter the U.S. with a fake USA passport 23 years ago.  I was caught and was sent back to Guyana.  Soon after, I decided to come to the United Kingdom.  I am a law abiding U.K. citizen with a British passport.  I applied to visit my parents who are U.S. citizen and was denied a visitor visa due to my violation.  How can you help?Answer #3:    It seems that the U.S. is denying you a visitor visa based on past fraudulent misrepresentation to gain entry into the U.S. (using a fake or photo switch passport to enter the U.S.) and false claim to U.S. citizenship (by using a fake U.S. passport).  These are grounds to deny a visitor visa and immigrant visa.  Unfortunately, there is no waiver available.Question #4:    I tried to enter the United States illegally six years ago. I was caught up in Aruba. I was using a US citizen’s passport, which was reported as stolen. They took my photos and my biographic data and I was sent back to Guyana. I was not formally charged with anything by the US government. Recently I tried to obtain a visa legally and was denied. My question is, if I will ever be allowed to enter the US?Answer #4:    Same answer as Question #3.Question #5:    My husband is a permanent resident in the USA. He filed for my children and me in June 2011. We now receive the DS-3032 paper. How long more do we have to wait to get the other papers? How much longer do we have to wait to get the interview paper?Answer #5:    Currently a visa is available according to this month’s bulletin.  Once the required documents are submitted to the National Visa Center, then the interview will be scheduled.  It can take 3-6 months to get the interview from this point if all required documents are submitted.