R Visa

 No Nonimmigrant Visa for Applicant with Pending Immigrant Petition  

Q.  Dear Sir: Please, a cousin of mine is inviting some family members for his new baby’s naming ceremony in the USA. I want to know if my wife can be invited too, because I filed a case for her under immigration DV lottery since 2006 as my spouse and this case is still pending with USCIS. I came with the lottery in 2006. A.  Thanks for your mail. I want to assume that you filed an I-130 Petition for Alien Relative for your wife in 2006. You did not disclose what you filed. If you actually filed form I-130, you have done the right thing, but your wife will need to wait for 5years before migrating to the United States. If you did not use a lawyer in filing the petition, please consult with an immigration lawyer on this matter. Now, regarding your intention to ask your cousin to invite your spouse to the U.S., the law is very clear. If she tells the truth at the U.S. Embassy, she will be denied a visa. Anyone with pending immigrant visa can no longer obtain nonimmigrant visa. The filing for immigrant visa is a direct expression of intention to reside in the U.S. whereas with nonimmigrant visa you are saying you want to visit the U.S. temporarily. Please tell your wife not to lie in the application form or lie at the Embassy, if she does, they will find out, she will not get visa and when your petition is ripe for her to get green card, she will be denied as having committed visa fraud. It is a serious offense that could prevent her from coming to the U.S. for life. If I were you, I will wait and not waste my money.   Marriage is the Solution to Deportation  Q.  Hey,

My brother has a similar situation to the one described in the article "From Permanent Resident Status to Deportation ". He had been married to his first wife for about 8years and they have a daughter. Because they had a very low income, and moved a lot, he didn't get a green card with his first American wife. A year ago, his wife wanted a divorce and ran away with another guy, and left him with their 3-year-old daughter. He has full custody of his daughter now. After the divorce he has also found someone else. Few weeks ago, they got married. He hasn't put in an application for permanent residence status yet. But today, people from the USCIS just took him and want to deport him. What should he do?
He's the nicest person you will ever know, never done anything illegal. Please help him and help his daughter too!!! Thank you

Sincerely,

A.  Sorry about your brother’s plight. He can still beat deportation since he is presently married to a U.S. citizen. You gave me an incomplete story about your brother’s case but I will assume that he was arrested by Immigration and Custom Enforcement because he overstayed his visa not because of any criminal conviction or activities since you described him as the “nicest person”. What your brother needs to do is get a good immigration attorney to get him out of detention on bond. Let his wife file both petitions for alien relative and application for adjustment of status for him before the immigration Judge. Your brother will be referred by the Judge to a Stokes Interview with the USCIS to be sure that the marriage was not entered into for immigration purposes only. The two will be interviewed separately, if they pass, your brother will be on his way to getting green card, but if they fail, he may still end up being deported.   Let the 10years Journey Begin Now Q.

Hello,
        I entered the U.S. with a valid visa, but it expired several years ago. My brother just got his U.S. citizenship. Is it possible for him to sponsor me for adjustment of status?  Will I be able to stay in the U.S. in the course of the application?  Please let me know what my options are. Thank you

A. There is a wise saying that the journey of a mile begins with a step. Yes, your brother could file an application for adjustment of status for you. Let him do so now. You do not need to depart the United States for him to commence the filing. I am a loud advocate of brothers filing for brothers regardless of how long it takes for the petition to become a green card. Likewise sisters should file for their siblings. The law could change anytime after the November election. Once the law changes, you will no longer be able to petition for your siblings. I can predict that since it was suggested in 2006. Now, your brother’s petition will take about 10years before it becomes a green card, but as you might know anything can happen with immigration. So, please file and forget it for now. It is possible for your brother to have more than one immigration applications pending with immigration at the same time. Do not go abroad since you have already overstayed otherwise you will not be able to come back for 10years. Be wise.  Regular Trips Abroad will Alleviate your Marital Pains Q. Hello, I read the USI Newspaper, thanks for the way you answer questions of immigrants and your wonderful explanations.  I am a green card holder. I came into the U.S. via the visa lottery.  In my visa application process, I included my wife and we did our marriage before I came to the US. I did not know both of us could have come at once, and now she is abroad and our young marriage is in pain and under God’s mercy. Now is there any way she can come here? I had filed a form 1824 Application for Action on an Approved Application or Petition. I PAID $340.00, I also received a receipt.  Since then, I have not heard from them. Please I want you to give me any alternative for her to come as to save our marriage and the pressure on her from her family. You talked about H1-B Visa how can you do it for us or can she apply, what if I get someone to invite her to come, would she get visa? Please I look forward to hear from you as I am always looking to see her here with me.  Yours sincerely A.Thanks for your mail. I can understand your pain. My number one advice is that regular trips abroad to be with your wife while trying to solve this problem will alleviate your marital pains. I will recommend every 6months if you can afford it. Unfortunately, you wasted your time, money and prolonged the pain by not consulting with an immigration attorney before filing your form I-824. Whoever gave you the advice misguided you. Form I-824 is meant to forward a duplicate copy of an applicant’s file or approval to the Embassy. The form is usually used for “follow to join” cases. In your case, your file originated from the U.S. Embassy abroad; there was no need for I-824. What you need to file is form I-130, petition for alien relative. It will take 5years to ripe unless you become a citizen in the process and your wife will come to the U.S. as a green card holder. As per getting someone to invite her read my answer above. Please do not make any mistake. H1-B is also a nonimmigrant visa, so my answer above is also applicable to your question about H1-B.