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
was under 18 years old when my parents became
A - You
would file the N-600 to document your citizenship or instead file for a passport
from the State Department.
*****
Q - I
have a couple of questions related to an I-130 family-based 3rd preference
immigration application.
My
father, a naturalized U.S citizen, filed an I-130 for my brother based on family
third preference. My brother is married with a wife and son (12 years old). The
I130 was received by USCIS on March 15, 2007.
USCIS
sent out notice I-797 on March 21, 2007 (notice date). However, the priority
date on the notice is empty. My
first question is: Does my father
need to file additional form to establish priority date for the case? Or the
priority date is assumed to be date that USCIS received the I-130.
My 2nd
questions is: the visa number won't be current for possibly another 8 years, and
probably my nephew's age will exceed 21 when the visa number become available.
Will CSPA be applicable to him to prevent him (derivative beneficiary) to age
out? After I read the original CSPA and various comments, I am still confused
about what is the effective age for the derivative child (for immigration
purpose) if the I-130 becomes current after the child's 21 birthday.
My third
question is: If my nephew applies for F-1 or B-2 visa before the I-130 visa
become current, how should he answer to the question: is there immigration
petition filed on his behalf? If my bother want to apply for B-2 visa before
I130 visa is current, how should he answer the same question?
A - 1)
The priority date for the I-130 is the Receipt Date on the Notice of Receipt.
2) You
will not be able to make a determination of whether the CSPA will protect your
nephew's status until you know when the visa will become available, which will
not happen until the priority date is reached on the DOS Visa Bulletin. You
cannot make that determination at this time. The best you could do is making an
estimated guess once the I-130 is approved.
3) The
I-130 filed on behalf of your brother would not obligate your nephew to answer
yes to this question. Your brother WOULD be required to answer yes to this
question.
*****
Q - I am
a holder of B1/B2 Multiple visa which is valid up to June 5, 2017.
Last July 8, 2007 I travelled to
My query -
Is there a prescribe interval of travel per year for holder of multiple visa? I
am planning to travel again to
For
information, I am a retired overseas worker, sixty seven (67) years old.
A -
There is no prescribed limit, but I usually suggest waiting a few months between
trips in order to demonstrate that you don’t have a job in the US (a quick
return to the US might indicate that) and that you have an overseas residence
you are maintaining. So the four months you’re staying outside the