Immigration Law: Highlights from Your Attorney on Radio’s June 19 Broadcast

Visa applications for siblings, spouses and parents

On June 19, Your Attorney on Radio Madan Ahluwalia answered a variety of immigration visa questions and discussed the petition procedures.

Q. A wife is brought to the United States by her husband. Soon after she arrives, he files for divorce. What are her rights?

The wife does not have the right to a public defender. However, she may file a request with the court seeking spousal support and an order requiring her husband to pay her attorney’s fees.

Q. A man’s parents were issued green cards. The son is a U.S. citizen. In 2007 his parents returned to India for a visit. Both parents became ill with bronchitis, and his mother was hospitalized for 15 days, in India. Once she was released, she cared for her husband, who later died in India. The mother would like to return to the United States.

If you are absent from the U.S. for more than a year, you must submit evidence of an intention to remain in the U.S. to obtain a waiver. That evidence typically consists of filing tax returns, maintaining bank accounts in the U.S. and not establishing new ties in your home country.

If a waiver of your mother’s status cannot be obtained, the second alternative is to start over and file the petition to apply for the green card.

Q. May a U.S. citizen apply in India to bring his wife, a citizen of India, into the U.S.?

The only time you may apply in India is if you have a job in the country, you know you’re going to live there and and show other indications of living in India, like a bank account or a house rental. Otherwise, you’ll need to apply in the U.S.

Q. How much time does it take to obtain a visa?

The visa application process involves two steps. It requires filing of the visa petition first. Once that is approved, the application goes to the national visa center. They collect the visa fees and other biographical information and documentation such as the birth certificate.

The first step takes four or five months. The National Visa Center is very efficient — they typically take three to five months, and most of the delay is caused by the applicant. Overall, you can expect to wait eight to 11 months.

Q. A U.S. citizen would like to sponsor her brothers. How long does it take to sponsor siblings? During the wait, may the citizen apply for a tourist visa for her siblings?

The waiting period right now is 12 or 13 years.

When someone files a visa petition, the applicant has shown an intention to immigrate to that country, and if the applicant then seeks a nonimmigrant visa, such as a work or travel visa, it is typically held against him. However, if the brother has strong ties to the country — for example, five properties and children in school — then the consulate can look at his whole situation and has the discretion to grant the application.

Q. A U.S. citizen filed a visa petition on his brother’s behalf in 2004. The citizen has now moved to another state. What does he need to do?

The move doesn’t affect the petition, but the citizen needs to inform immigration authorities of the new address. It is recommended that a letter be sent by way of certified return receipt.

Mark Your Calendars

On July 17 the consul general of India will be on the show to answer your questions.

For more information about immigration law, contact Madan Ahluwalia at Ahluwalia Law P.C. by calling 650-331-1968 or e-mailing madan.ahluwalia@ahluwalia-law.com.

Based in Redwood, Calif., Ahluwalia Law is a general practice law firm assisting clients with a variety of cases, including but not limited to immigration law, business services, civil litigation, estate management, loan modification and bankruptcy, family law and personal injury.

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