In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. 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.
1) QUESTION: I am from India. My brother is a US citizen and filed an F4 visa petition for me. Can I apply in another way that will allow me to get the visa faster, or do I have to sit and wait for years to be able to apply with this petition?
ANSWER: Having an immigrant petition filed for you in a particular preference category does not lock you in to only relying on that petition. If someone is eligible to have petitions filed in other preference categories, they can have more than one petition filed for them. For example someone who has an F-4 preference I-130 immigrant petition filed for them by a US citizen sibling, they are not barred from having another relative, such as a US citizen parent or spouse, file an I-130 petition for them as well. Or the person might have an employer that would sponsor them for either an immigrant petition (i.e, an I-140) or a nonimmigrant (temporary) visa type (i.e, an H-1B). Although there are some nonimmigrant visa types, (i.e., B-2 visitor visa) that might be more difficult to obtain when someone already has a pending or approved immigrant petition.
2) QUESTION: When my daughter was 3 her father was deported to Honduras. Can she petition for him to get his citizenship?
ANSWER: A US citizen must be at least 21 years old to petition for their parent to come to the US as a Permanent Resident. So if your daughter is now 21, then she might be able to. Of course I can’t say for sure without knowing a lot more information about the situation. If your daughter is 21 or older, or even if she will turn in the next couple years, then it would be beneficial for her to consult with an immigration lawyer about her options.
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.