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.
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Q - I am starting the visa application process for my husband, who is a Mexican citizen and currently lives in Mexico. Several years ago, he was in the United States illegally and was twice detained by the Border Patrol and twice removed by voluntary repatriation, or expedited removal.
He doesn't have any documents from these removals and I want to file a Freedom of Information Act request with the Border Patrol to get any information they have. We need the documents to apply for reentry permission/a waiver.
A - When you send a FOIA request in to the Customs and Border Protection you can ask to receive a copy of the entire file.
Instructions for making a FOIA request to CBP can be found at http://www.cbp.gov/xp/cgov/admin/fl/foia/making_a_request/reference_guide.xml.
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Q -People in the USA can 'sponsor’ (to show financial support) a B1/B2 non-immigrant visa applicant. Does the 'sponsorship" by a US Citizen help in any way towards a favorable decision on the B1/B2 application?
My understanding is that (1) the "sponsorship" is only to provide financial support to the Non Immigrant Visitor, whilst in the US and (2) the decision on whether to approve a B1/B2 visa is based on the applicant providing sufficient proof, to convince the consular official, so that a visa is approved.
This is for a relative (unmarried), who had filed for a green card through her parents and was denied due to "age-out" (i.e. applicant turned 21 years before parents application were approved) about three years ago.
A - An affidavit of support in a B-1/B-2 application can be helpful when a person needs to be able to document that they are not going to need to resort to illegal work in the US during their visit. The applicant will still need to demonstrate to a consular officer that he or she is not an intending immigrant and having close family members who are green card holders or citizens could be viewed as a negative factor. The applicant will need to show strong evidence that there are solid ties to the home country giving a person a good reason to go home. I would discuss the case with an immigration lawyer before seeking the visa since the first try for a visitor visa is usually the one with the best chance of success.
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Q - I'm in the process of filling out my N-400 application (I've been on a green card for almost 5 years) in which they ask for employment dates. My green card was approved in 9/04, but I was laid off at the end of 7/04 and didn't get a new job until 10/04. My attorney at the time said: no problem, your process is far enough along. But is this period of unemployment when I was, I'm guessing, out of status, going to be an issue with my naturalization?
A - Unemployment is really irrelevant in a naturalization case if you were laid off. It’s really only an issue if you were an employment-based green card holder and quit your job right after getting the green card. That was not the case with you.
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Q - Is it illegal for an F1 visa holder in the United States to buy lottery tickets? What happens if she wins a substantial sum? |
A - There is no bar to buying lottery tickets just because you are on an F-1 visa. And winning would not create an immigration problem.
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Q - Do you have any idea where my son born Dec. 1990 could get information about possibly giving up his US citizenship? He was born and raised in Germany. German father, American mother.
A - The process is outlined at http://travel.state.gov/law/citizenship/citizenship_776.html.
