 |
| ||||
       
|
 |
< back |
|
| |
|
Ask Visalaw.com If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here. Q
-
I’m writing to you as I came across your article "The ABC's of
Immigration: C Visas for Aliens in Transit through the U.S. And D Visas for
Crewmembers". A
- With a few narrow exceptions (battered spouses, spouses of government
employees, etc.), she is not eligible to adjust her status unless she qualifies
under 245(i). She may consular process on the I-130, but since she has
overstayed her D visa for a such a significant period of time, she will probably
be subject to the 10-year bar to reentry. However, she
should be eligible to apply for a waiver of inadmissibility under INA Section
212(a)(9)(B)(v) as she is the spouse of a U.S. citizen, and as long as it can be
shown that refusal of admission would result in extreme hardship to the citizen
husband. No regulations have been issued addressing the procedure to apply
for such a waiver, but a waiver under Section 212(a)(9)(B)(v) is currently applied
for by filing Form I-601 with the consular post. ***** Q - I filed a (Petition for Alien Fiancée) form that was received by the USCIS on Feb 12th, but I am still waiting for approval within 150-180 days. Since she is my fiancée and I want her to visit me and at the same time attending my sister's wedding in July 20. My question is, can she visit me while waiting for USCIS approval? And after approve we will marry within 90 days as require by USCIS. A
- A visit to the US while the K visa application is pending is probably going to
run into trouble. Visitors are required to document that they do not intend to
immigrate to the US. Someone who has filed for a fiancée visa will have
problems showing this. You're better off trying to visit her during that time. ***** Q
- Can a Child who got her permanent green card through her (US citizen step
mother) apply for her natural mother? Her natural father is also a green card
holder and is currently not married to either her natural mother or US step
mother. A
- Once she becomes a US citizen she can file for her mother without any problem. ***** Q
- Is there a way to get my cousin to the United States from Nigeria? I think she
classifies as a refugee based on her circumstances.
The only form I have found is the I-602, but I don't think it applies to
her because she is not a felon. A
- She would need to seek refugee status. The USCIS has set up a page on its web
site at http://uscis.gov/graphics/howdoi/refapp.htm
that explains how one can apply for refugee status. ***** Q
- My
German passport is expired. I need to know a website from where I can download
some forms to get it renewed. A
- Try
www.embassy.org
which has links to all the embassies and consulates in the US. Most embassies
have downloadable passport renewal application forms on their web sites.
< Back | Index | Next >
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |
 |
 | |
|
Siskind Susser Bland Home | Immigration Bulletin | Green Card Lottery Center | ABCs of Immigration | Hiring A Lawyer |
| |
|
|
| |