Post Questions to US Immigration Attorney Nadine Brown

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Hello StarGirl,

Unfortunately, I have not heard of such a thing. Usually when a US citizen has a child, the Embassy will not issue the child a visitor's visa because it is more probable the child will want to stay with the US citizen parent and the visitor's visa is discretionary. Depending on the age of the child and which parent is the US citizen, the child could be a US citizen. The US Citizen parent could register the child with the Embassy as a birth abroad. I am assuming however this is a US citizen father? If it is a US citizen father, then unless the child is still an infant or under 2 years old, then he would have to sponsor the child for residency, provided it is ok with the mother and then as a permanent resident the child can obtain US citizenship upon entry to the US as a Permanent Resident and then the child can travel back and forth between countries and between parents. I hope this response helps.

[MrsBlue]

Re: Post Questions to US Immigration Attorney Nadine Brown

<font color="blue">Hi again, Ms. Brown. If I begin a visa application for someone and then move to another state during the process, how bad would that be? I know that the application asks for my address and the address of where the person would be living. If that address changes is it a simple matter to file a change of address or would it result in lost documents, delays, all kinds of headaches?</font>

[StarGirl]

Re: Post Questions to US Immigration Attorney Nadine Brown

Yes, your answer was very helpful. And, once the child is allowed to travel back and forth between parents, does the child have a limitation on the amount of time spent in either the US or Jamaica? I was told that 6 months is the time limit to travel back and forth. Is that correct?

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Bigblue,

Anytime you move it can cause delays in that US CIS has to transfer the file and sometimes it may get lost, but not regularly. So, moving and changing addresses may cause delay, but it does not cancel the file or require you to refile. If you change address either as sponsor or beneficiary notify US CIS immediately of the new address by calling the 800 375 5283 customer service line and by mail by filing forms I-865 for sponsor and AR-11 for alien.

[jamaica_dreamin]

Re: Post Questions to US Immigration Attorney Nadine Brown

I'm posting for a coworker.

My cousin overstayed a student visa (been here 20 yrs). She has since had 2 children who are US citizens. Can she get her "straight"? How ?

[SandiF]

Re: Post Questions to US Immigration Attorney Nadine Brown

Ms. Brown, thank you for responding.

Question --- what does this mean for someone who has been undocumented since Dec 2000 and filing process submitted in 2006?

[ QUOTE ]
SandiF,

Boy, you asked a somewhat complicated question, but here goes, 245(i) is a provision of law that allowed people who came to the United States without inspection by an immigration officer to apply for permanent residency. Customarily, an applicant is only eligible to apply for a green card if they came to the US legally with a passport and US visa. 245(i) created an exception to the rule. It was in effect for a short period of time, most recently from December 2000 until April 31, 2001. Currently, it allows people to apply for a Green Card even now if and only if a qualifying sponsorship application was submitted during that time frame (between Dec. 2000 and April 30, 2001). That means all those who had someone file for them between Dec. 2000 and April 30, 2001 can apply for a Green card provided that they pay a penalty fee of $1000 in addition to the regular filing fees. Remember this is for people who came to the US and were NOT inspected by an immigration officer and who have the required immediate family member or employer eligible, who sponsored them. That is as simple as I can make it.

[/ QUOTE ]

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

StarGirl,

Usually the child should not stay longer than six months, but circumstances may change and require a longer stay, sometimes because of illness or school. With those exceptions it is necessary to understand the laws of each country and their respective requirements. For the US a visitor should not stay longer than six months unless s/he has applied for a visa extension and if the child is a US resident then s/he should not remain outside the US for longer than six months.

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

SandiF,

this means unfortunately that if you just submitted a petition in 2006 you are not eligible to change your status or apply for a Green Card under 245(i). Only people who submitted initial (I-130 or I-140) petitions between Dec 2000 and April 30, 2006 can apply for a green card if undocumented or entered illegally without inspection. Sorry.

[esquirebrown]

Re: Post Questions to US Immigration Attorney Nadine Brown

Jamaica_dreamin,

Your cousin is out of luck for now UNLESS she marries a US citizen or one of her children sponsors her WHEN one of her children become age 21. These are her only options to getting straight.

[jamaica_dreamin]

Re: Post Questions to US Immigration Attorney Nadine Brown

[ QUOTE ]
Jamaica_dreamin,

Your cousin is out of luck for now UNLESS she marries a US citizen or one of her children sponsors her WHEN one of her children become age 21. These are her only options to getting straight.

[/ QUOTE ]

Not good ! [img]/forums/images/graemlins/frown.gif[/img]
thanks [img]/forums/images/graemlins/70409-waytogo.gif[/img]

[jamaica_dreamin]

Re: Post Questions to US Immigration Attorney Nadine Brown

[ QUOTE ]
Jamaica_dreamin,

Can a child with an Immigrant visa (Permanent Resident card) leave the US to go to school abroad? Yes, and s/he can remain outside the US for up to 6 months at a time, but I would caution the person about doing this if they plan to apply for citizenship down the line. If you can't make it back within 6 months, then you could end up losing your residency and/or may not qualify for citizenship because citizenship requires physical presence in the United States for a period of at least 2 and 1/2 years of the last 5 years. Better to apply for a re-entry permit BEFORE leaving for school IF and only if you will be gone for longer than six months...

[/ QUOTE ]

Thanks [img]/forums/images/graemlins/70409-waytogo.gif[/img]

[StarGirl]

Re: Post Questions to US Immigration Attorney Nadine Brown

Thanks for all of your help and answering so many questions this afternoon. Very appreciated!!

[MrsBlue]

Re: Post Questions to US Immigration Attorney Nadine Brown

<font color="blue">Thank you Ms. Brown, for your time and your responses.

[img]/forums/images/graemlins/70458-applaud.gif[/img] [img]/forums/images/graemlins/70458-applaud.gif[/img] [img]/forums/images/graemlins/70458-applaud.gif[/img] </font>

[CeaBee]

Re: Post Questions to US Immigration Attorney Nadine Brown

[img]/forums/images/graemlins/notworthy.gif[/img] [img]/forums/images/graemlins/notworthy.gif[/img]

[Xavier]

Re: Post Questions to US Immigration Attorney Nadine Brown

Ms Brown

On behalf of Jamaicans.com thank you. We appreciate the time you spent with us today.

If anyone missed the discussion please feel free to contact Ms Brown directly through her website at www.nadinebrownpa.com . Ms Brown also writes a monthly immigration article on Jamaicans.com. Again thanks Ms Brown and also thanks to the member who participated.

PS: I will leave this thread open for users to show thier appreciation and convince Ms Brown to do this again [img]/forums/images/graemlins/grin.gif[/img]