Ari Sauer: The Immigration Answer Man

You've heard him on Greg Siskind's national teleconference series. Now Ari Sauer, the "Immigration Answer Man" of Siskind Susser, has created a blog where he takes your questions on immigration law and answers them here. Have a question for Ari? Ask him at immigrationanswerman@gmail.com!

Ari Sauer is an associate attorney with Siskind Susser, PC. For Ari’s full bio, visit http://www.visalaw.com/ari.html. You can schedule a consultation with Ari or with one of Siskind Susser’s other attorneys at http://www.visalaw.com/intake.html or by calling 1-800-343-4890 or 901-682-6455.

On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney client relationship. Immigration laws and regulations are constantly changing. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney.

Friday, November 20, 2009

There is a mistake on my I-94 card. How do I fix it?

Question: I am working in the U.S. on an H-1B visa. I have traveled abroad several times. I was looking at my I-94 card recently and saw that even though I came into the U.S. in May of this year, the expiration date on my I-94 says it expires in 2008. How do I have this corrected?

Answer: With the large number of I-94 Entry Exit Documents issued each year, sometimes Customs and Border Protection officers do write down the wrong expiration date on an I-94. It is important to correct these errors, as the I-94 is the document that controls a person's status within the U.S.

Luckily, it is fairly simple to have an error corrected on an I-94 card issued at a port of entry. You can do this at your local CBP office. You do not have to go back to the port of entry that issued the I-94. Any CBP office can make the correction. I recommend that you call the CBP office first as most offices will only allow you to come on certain days or by appointment only. You can find you local CBP office at http://bit.ly/4mA03c.

# posted by Ari Sauer the Immigratio Answer Man @ 8:58 AM

Ari J Sauer

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Wednesday, November 18, 2009

If a woman who is a U.S. Permanent Resident has a child while outside the U.S. is the child a Permanent Resident?

Question: My wife and I are U.S. Permanent Residents. I have been spending a lot of time outside the U.S. due to work. My wife and I recently had a baby girl while outside the U.S. What is the baby's status? Is she a Permanent Resident like us, or do we have to file a petition for her to become a Permanent Resident?

Answer: This is a important question, because depending on whether or not this is handled correctly, this could be a very simple process, or it could have tragic results.

There is a little-known rule in the immigration regulations that says that where a Permanent Resident woman gives birth abroad, the child is eligible to be admitted to the U.S. as a Permanent Resident, but only if the mother is 1) returning to the U.S. as a Permanent Resident and 2) brings the child with her on her first trip back to the U.S. after the child is born and 3) this trip is before the child's 2nd birthday.

Unfortunately many Permanent Residents do not know this rule and they either take a trip back to the U.S. without the child or they wait until after the child's 2nd birthday to bring the child to the U.S. Where this happens, the child is not eligible to enter the U.S. as a permanent resident under this rule, and the parent must file a petition for the child to enter the U.S. as a Permanent Resident. This can result in hardship for the family, as it can take many years for a visa to become available for a petition for the child of a Permanent Resident.

# posted by Ari Sauer the Immigratio Answer Man @ 1:19 PM

Ari J Sauer

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Monday, November 16, 2009

Can a spouse or child benefit from an approve immigrant petition where the primary beneficiary has died?

Question: My uncle, a U.S. citizen, filed an I-130 immigrant visa petition on behalf of my father. The petition was approved, but then my father passed away. The priority date for the petition has been reached on the Visa Bulletin. Can my mother now get an immigrant visa based on the petition?

Answer: Unfortunately your mother cannot benefit from the petition filed by your uncle. When the primary beneficiary dies, the I-130 petition automatically becomes revoked. Any derivative beneficiaries to that petition are not eligible to receive visas based upon the revoked petition.

Unlike situations where the petitioner dies, there is no process to request a reinstatement of the petition for humanitarian reasons where the beneficiary dies.

The only remaining benefit of the petition is that is can still grandfather the derivative beneficiary under the INA 245(i) "amnesty" where the petition was filed by April 30, 2001.

# posted by Ari Sauer the Immigratio Answer Man @ 6:41 PM

Ari J Sauer

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The Immigration Answer Man's Facebook Page

Friday, November 20, 2009

There is a mistake on my I-94 card. How do I fix it?

Wednesday, November 18, 2009

If a woman who is a U.S. Permanent Resident has a child while outside the U.S. is the child a Permanent Resident?

Monday, November 16, 2009

Can a spouse or child benefit from an approve immigrant petition where the primary beneficiary has died?

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