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 to [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: My wife is a Permanent resident and would like to petition for me. I’m in the US right now. Can she also petition for step-children ages 20 and 22 (both children un-married, both out of US)?
ANSWER: If you married your wife before your child’s 18th birthday then USCIS will consider your wife to be the child’s parent for this purpose, and she can petition for the child as if she were their natural mother. If the relationships were created after the age of 18, the children would likely need to be petitioned by you after you obtain permanent residency in green card categories for children of permanent residents.
2) QUESTION: I am from India. My priority date is 1 February 2002 and my preference category is F4. Suddenly, the years changed and they now start at 2000. How does this affect my notification date for my visa application?
ANSWER: There is no way to accurately predict visa notification dates. The DOS expects the F4 category to keep moving forward 2 or 3 weeks at a time, at least for the near future. So if it continues to move at that pace then you could have a visa available for your petition in about a year, maybe less. But it is hard to tell how the retrogression in the EB2 and EB3 categories for India will affect what people do. If a lot of people from India begin having F4 petitions filed for them as a backup to the EB categories, then that could cause the F4 numbers for India to freeze or even retrogress.
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.