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By Attorney Gail S. Seeram, [email protected]Through this “Question & Answer” column,Boston Red Sox Throwback Jersey, 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,Barry Sanders Lions Throwback Jersey, please email: [email protected]Question #1: I’m ¹ permanent resident in the USA. I want my sister and my brother in law to come visit me here! Is there anything I can do to help them in terms of paper work? Or should they just go into the Embassy? They have never traveled to any foreign country before.Answer #1: They just need to apply at the Embassy. Besides showing the reason for the trip, they have to show strong family,Orlando Cepeda Braves Throwback Jersey, financial,NHL Throwback Jerseys, property and job ties in Guyana. More important,Detroit Lions Throwback Jersey, they will need to demonstrate an intent to return to Guyana.Question #2: Someone from outside of the U.S.A with a visitor’s visa went to the U.S.A and got married to a U.S citizen. Can she stay in the U.S.A until her permanent comes through or will she have to return to her country? Also, while the papers are in process can she travel to and from with her visitor’s visa?Answer #2: She can stay in the U.S. while paperwork is processed if she is the immediate relative of a U.S. citizen,MLB Throwback Jerseys, such as a spouse of a U.S. citizen or a parent of a U.S. citizen child over age 21. But,Dan Marino Dolphins Throwback Jersey, she should not leave the U.S. while the paperwork is pending. So, no,Fran Tarkenton Vikings Throwback Jersey, she cannot travel to and from with visitor visa while paperwork pending in the U.S.Question #3: My parents have their green card since 2005. They are both in their 70s and live in Guyana. In order to upkeep the green card, they have to enter the U.S. every six months. At their age traveling becomes difficult. Could they attempt to give up the green card and apply for a ten-year multiply visa through the Embassy.Answer #3: Yes, eventually the green card will be taken away from them by U.S. immigration authorities if they are not living in the U.S. So, they can surrender the green card to the U.S. Embassy and apply for a visitor visa. In reality, it sounds like they are just visiting the U.S. every six months rather than living in the U.S. – the visitor visa may be the best option for them.Question #4: If a mom who is a US citizen petitioned for her child over 21 and that child came to the US with a non-immigrant visa and stayed before the petition comes through; when the petition eventually comes through,Kurt Warner Cardinals Throwback Jersey, will this affect the child from becoming a permanent resident?Answer #4: Yes. If the petition was filed after April 30, 2001, the child was over age 21 (considered a F-1 preference) and the child overstayed in the U.S., then the child would not be eligible for adjustment of status in the U.S. and not eligible for green card in the U.S. through the mother’s petition. Child can obtain green card through marriage to a U.S. citizen. |
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