Inside the Mind of an Immigrant
Q. 1. I have a green card. Can my wife and children join me? If they can, how long will it take?
A. 1. Yes they can. How long it actually takes would depend on several factors. First, if your children are unmarried and under 21 years of age, then they with your wife fall into the family preference category of 2A, or F2A. If they are over 21, they fall into the F2B category, whilst your wife remains at F2A. This would be significant because the F2A category moves quicker than the F2B category.
The next two factors that would determine how long it takes would be the priority date and the visa availability. The priority date is the date the green card holder properly files the petition for alien relative (form I-130), and this information would be contained in the notice of action (form I-797) which you will receive after having properly filed your petition for alien relative. Because there are a limited number of visas available for the F2A and/or the F2B category, how soon a visa becomes available then becomes dependent on each country’s limits, and the number of visas allocated for each category. For example, for a Nigerian green card holder, visas would be available as of January 2010 in the F2A category, for petitions properly filed by 01/01/2006. If the children are over 21, they slide to the F2B category, and their visas would be available as of January 2010, for petitions properly filed by 12/01/2001.
Q.2. As a follow up from Q.1 above, if my children are under 21 when I filed for them but would turn 21 by the following year, how is that calculated?
A.2. If the Child Status Protection Act is applicable, (CSPA) it would enable the age of the children to be frozen at the time of the application, otherwise the age of the children would continue to run. In practical terms, sometimes that could make a difference of five years or even more before adjudication/visa availability (the difference between F2A and F2B). To determine whether, or how the CSPA may be applicable in your own situation, please feel free to consult a competent immigration attorney of your choice.
Q.3. I am a green card holder. Can I file for my parents?
A.4. Unfortunately no. There is no legally recognized visa category for the parent of a green card holder. They may of course apply for nonimmigrant visas.
Q.4. I am a green card holder. I want to travel and stay outside the United States for 14 months. Do I need to do anything before I leave?
A.4.Yes. A green card holder generally needs to apply for a reentry permit if they are going to stay outside the United States longer than one year.
Q.5. I have been in the United States for two years. Can I still apply for asylum?
A.5. But for few exceptions, you must apply for asylum within 1 year of your arrival in the USA.
Q.6.What is TPS? Is it available to everyone?
A.6. TPS is Temporary protected status. It is a humanitarian relief usually granted to nationals of a particular country by virtue of a designation by the Secretary of the Department of Homeland Security. That designation usually comes when there are circumstances such as war, or natural disaster making it unsafe for nationals of such country to safely return.
Q.7. I am a Haitian national. I arrived in the the United States without inspection. Am I still eligible for TPS?
A.7. One of the key eligibility criteria for the Haitian TPS is that the Haitian national in question must have arrived in the United States since 01/12/2010. If that is the case, then you may still be eligible even though you arrived without inspection. You will need to apply for a waiver of a ground of inadmissibility by filing form I-601, with your TPS application. Certain grounds of inadmissibility may not be waived, for example, convictions relating to some drug offenses. Also, certain nationals are ineligible by statute, such as one who has been convicted of any felony in the United States. Once a particular national of a designated TPS country begins to fall within these fringes, such person is definitely better served by consulting an immigration attorney before proceeding.
Q.8. I own a small business and I am wondering if I can file for my brother who is a national of Cameroon through the H2-B visa.
A.8. First of all, you need to realize that if you are a U.S. citizen up to 21, then you can file for your brother. That would be the fourth preference family category and although this may take time, it would probably be better than most of the job categories because of the current state of the United States economy.
Specifically to your question, you cannot utilize the H2-B visa category (which is a category that covers nonimmigrant temporary workers) for your brother because only specific countries are eligible to do so and Cameroon is not one of those countries.
The H1-B you could, but you would generally have to apply for and obtain a labor certification from the United States department of labor, then file your petition for nonimmigrant worker (form I-129). The H1-B visas are generally good for an initial period of 3 years. Here again, sound counsel and guidance from an immigration attorney would be key.
Q.9. A friend told me that for an immigrant, a notice to appear before an immigration court always ends in deportation. Is this true?
A.9. Nothing can be farther from the truth. Depending on the facts of a particular situation, sometimes an appearance before the immigration court is what finally resolves an immigrant’s situation to his favor. Sometimes, it may lead to removal. But there are still legally protected reliefs available before the immigration courts. Everything is dependent on the particular situation and again this is one of those areas where you need a hardworking and competent immigration attorney working for you.
Q.10. I am HIV positive. Am I still eligible to apply for TPS or any other immigration relief?
A.10.Yes. Also effective 01/04/2010, you no longer need to apply for a waiver due to the fact that infection with HIV is no longer a ground for inadmissibility known to law.
Categories:
Immigration, Green cards, tps for haiti, visa, family preference category, CSPA, asylum, removal, immigration court, HIV, H-1B/H-2B