Ramesh Rawal Question: I have been living in New Zealand for the past five years. I have got a work visa here and a US visitor visa. Can you guide me if I want to settle permanently in America? – Miraj Patel, New Zealand Answer: Based on the fact that you have got a New Zealand work visa, you can try for an H-1B visa to settle in America. Apart from this, you state that your sister and parents are also settled in America, if they are citizens, then your petition can be filed for green card on family basis, then after getting green card, they will settle there. Question: We are husband and wife with two children under 18 years of age and are planning to come to America on visitor visa and settle here. So we can file Asylum? – Devrajsingh Bhati, America Answer: No, this job is not easy. Many people like you have filed. However, it is not disposed of for years. Rather, he should return to India before the visa expires. Question: In our F-4 petition, my daughter's age is 24 years. What are the documents required for aging out appeal for my daughter?- A reader, Ahmedabad Answer: You have sent only one document. A positive answer cannot be given on that basis. You should send (1) daughter's birth certificate (2) approval letter I-797 Notice of Action (3) copy of her passport (4) copy of petition and any other letters from the department to say whether the appeal can be filed or not. can be Question: My wife's passport has a different address than Aadhaar card. So will there be a problem for visa?- Jitendra Bhavsar, Surat Answer: The correct and permanent address should be the same as in the passport. Passport has nothing to do with Aadhaar card. Aadhaar card is not seen in the interview. Question: I am 65 years old and my wife is 63 years old. I have not filed the return, as there is no income to file the return. So should I apply for visitor visa to Canada or USA?- Bhaktesh Desai, Songhad, Tapi Answer : To get visitor visa Canada or USA it is necessary to show good source of income or cost of ticket and you are able to spend abroad. It should also be proved that your intention is to come to India as a tourist. Apart from income, if you have a large fixed deposit or good balance in the bank and also have immovable and movable property. Anyone can apply for a visitor visa. It would make a difference if you could visit another country before applying. You should try to apply, because there is no restriction to apply for visa. If you prepare the form yourself and send it to me, I can make the necessary changes and email it to you. Question: My wife's sister has filed a green card petition for us in March 2017. My daughter is married in April 2021 and she is 24 years old. If my daughter gets a legal divorce, will she get any benefit in our F-4 category?- A reader, Ahmedabad Answer : Taking such a paper divorce can create a questionable situation if it is not absolutely necessary to avail green card only. The current F-4 category is very slow, due to which your daughter will not be able to get the benefit of aging out if she turns 29 after five years are still open. Question: My passport is not renewed because a criminal case is pending. The passport office says that you should bring the No Objection certificate from the court.-Kirit Pathak, Gandhinagar Answer: You will not get such a certificate from the court, but you are innocent in your criminal case, that is, if you get the final order of Not Guilty and give it to the passport office, then your passport has to be renewed legally. . If your case is not pending and there is a long period of time, you can approach the Gujarat High Court and get a High Court order that the Criminal Court will give an instant judgment of your case. (The author is an immigration expert advocate and licensed legal consultant in the US.)
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Immigration: Can political asylum be sought using a visitor visa?
