Immigration: Birth certificate not available for immigration petition?

Ramesh Rawal

Question: My maternal uncle filed F-4 petition in 2005 for three members of our family. As I was 25 years old at his interview, my immigrant visa was rejected due to age. My mom was the main applicant. Visas have been given to my mom and dad. Give your opinion on this matter? – Viral Joshi, Ahmedabad Answer: As you say your file has been processed in 2021 and if it has taken many years for the approval date, then since your mother is the main applicant i.e. the principal applicant, she should file an appeal with an aging out schedule and documents before the interview. was necessary, as many over 25s have received visas benefiting from the relevant legislation. Now your parents can file a petition for you in the F-2-B category after getting a green card, only for unmarried. Question: My parents are US citizens and they have filed a petition for green card for me in 2019. Apart from this my sister has also filed a petition for me in 2016. Secondly, all my family members are in America. Since we got our visitor visa in 2015, my wife and I have been to the US twice. I want to point out that our daughter was born in America the second time we went to America so she is a citizen. Then a son was born in India in 2019, for which he applied for a visitor visa, which was rejected. So what to do now?- Rahul Joshi Answer : Birth certificate of your son should be entered in both your petitions by giving one application. Now trying for a visitor visa for him is unlikely to get approved. Your visitor visa can be reapplied before it expires. The petition filed by your sister will be opened earlier than the petition of your parents. So get your son's name entered in that petition immediately. Question: What to do if you do not get the birth certificate to petition for immigration?- Rambhai Patel, Mehsana Answer: If you do not get the birth certificate, you can prove the date and place of birth through secondary evidence. Like, school record, affidavit, photos, residence proof etc. are many ways. Question: I and my wife are 77 and 73 years old respectively. We are staying in USA from 13-5-2022 to 1-11-2022 after we both got US green card. We don't want to stay in America forever. We want 10 years visitor visa by surrendering PR ie green card, so visa or not? What procedure has to be done for that? The agent says it takes 20 months for the visa. If the interview date is not found in one year, then the visa fee is cancelled, should the visa fee be paid now?- Jethalal R. Kesaria, Rajkot Answer : You have not gone to America for two years so your green card is not valid. However, it is imperative that you prepare both the green card surrender forms and apply for the visa as soon as possible. By trying, many get an interview date soon, because as announced by the American Embassy, ​​America will give 250,000 visas to Indians. As per the announcement the waiting period has been significantly reduced. So should apply. An agent is not a lawyer. Question: My Nanand has filed our petition. The screen shot of the reply received while checking its status is attached with this email. So guide what he says?- D. M. Patel Wab: As per the attachment you have sent, you have been sent the approval notice of your petition being approved before and if you have not received the notice, you have been asked to request for it on the website mentioned therein and if your address and email address have changed, you should inform the department. Also, the department reviews your petition so if they find any need, they will send you a notice. There is nothing else except this. Question: I am doing an internship in a dental college and hospital and I want to go to America to pursue a masters degree. So on what basis can I go there? – Nita Patel, Anand Answer : You should apply for F-1 student visa to a top ranking college or university in America. If your CV and performance are top, you can get admission in the dental college there. According to a news, America has given student visas to lakhs of Indian students in record number last year and will give many visas in the future as well. So should apply. If necessary, fill the form and send it to me. (The author is an immigration expert advocate and licensed legal consultant in the US.)