| By Attorney Gail S. SeeramThrough this “Question & Answer” column, 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, please email: [email protected]Question #1: My ambition is to migrate to the USA. This is because most of my relatives reside there. The majority migrated in 1994. This was through my paternal aunt sponsoring her siblings. Unfortunately,Cheap NFL Jerseys Wholesale, my father did not accept the sponsorship. I am now 35 years of age; can you please advise if it is possible that I can immigrate to the United States? What options are available? Seeing that I have my relatives there can anyone sponsor me?Answer #1: Unfortunately, aunts, uncles, cousins and grandparents cannot file a family-based sponsorship petition. However,Cheap NFL Jerseys Wholesale, U.S. citizen siblings (brother & sisters), children, spouses and parents are qualified to file a family-based petition for you. Alternatively, you can seek a green card through employer sponsorship if you have a highly skilled background or investment in the U.S.Question #2: I have never been to the United States and would like to do so. I have family living in the States. What documents do I need to supply and when would be a good time to apply to the embassy?Answer #2: It is a four-step process to apply for a non-immigrant visa in Guyana: first, complete the application; second, schedule an appointment; third, assemble the required documents; fourth, attend the interview. Visit http://georgetown.usembassy.gov/niv-interview-preparation.html for more information.******FAMILY SPONSORSHIP FOR RELATIVES LIVING OUTSIDE THE U.S.The most common question I get from readers is about the timing of the sponsorship process. There is no generic answer because the timing depends on the U.S. immigration status of the person filing,Cheap NBA Store, the age and marital status of the beneficiary and the Department of State monthly visa bulletin.In general, when the beneficiary resides outside the U.S., the petition is handled by three different agencies as it is processed.First,wholesale jerseys, the family-based petition is reviewed by U.S. Citizenship and Immigration Services (USCIS),Cheap NFL jerseys China, where they determine that the relationship is legitimate and petition meets the requirements under the law. Once approved, the person filing will receive an approval notice, but this does not mean a visa is available to be issued. Many people get confused when they receive an approval notice and think that the approval notice means a visa will be issued soon.At this point,Wholesale NHL Jerseys, if a visa is not immediately available (such as for spouse or child under age 21 of a U.S. citizen) then the petition will be held in storage until a visa is available under relevant preference category. This wait can range from 3-10 years. Unfortunately, USCIS will not notify you in writing when a visa is available. When a visa is available or near to being available, the person filing will receive a letter from the second agency that will process the petition, the National Visa Center.The National Visa Center (NVC) will request visa fees be paid for all the beneficiaries and will ask for certain documents. Once the NVC completes processing, then the file is sent to the U.S. Embassy. The U.S. Embassy is the third and last agency to review the petition. Upon approval from the U.S. Embassy, then an immigrant visa will be issued in the beneficiary’s passport.Filing for Spouse or Child under age 21 of U.S. Citizen:In the situation where the person filing is a U.S. citizen and the beneficiary is a spouse or child under age 21 living outside the U.S., the visa processing time can be 9-12 months. Where the spouse or child under age 21 resides in the U.S., the visa processing time can be 3-6 months. A visa is available immediately because a spouse or child under age 21 are considered immediate relatives of a U.S. citizen and have the highest preference in visa processing.Preference Category Beneficiaries:The following beneficiaries are considered preference category and a visa is NOT available immediately and there is a backlog on processing and visa issuance: (1) child over age 21 of a U.S. citizen; (2A) spouse and child under age 21 of a permanent resident; (2B) unmarried child over age 21 of a permanent resident; (3) married child of a U.S. citizen; (4) brother/sister of a U.S. citizen.To view the most current visa bulletin or visa priority dates every month,NCAA Hockey Jerseys, visit www.GailLaw.com. |
