Immigration: Should a deceased person's passport be cancelled?

Ramesh Rawal Question: My father-in-law and mother-in-law live in America. He has filed his petition when my wife was 21 years old and single. After that, I got married in 2016. Also had a baby in 2014. We have sent new profiles, all passports and documents to the consulate. It has been 8 years since our family petition was processed. Now that I am the oldest and honest employee of the USA base company and have opened a company in my name, will there be any problem in filing a family petition? Any problem if I apply for B-1 visa?- Tejas Rajyaguru, Pune, Maharashtra Answer: You have not mentioned whether the new company your company has applied for in America is an L-1 visa petition or not. There is no problem with your family's petition as you state for three types of visas. You should choose any one of the three visa types. In my opinion don't try for B-1 visa. Your wife should only give importance to the petitions she has made for you. The fact that you got married in 2016 and had a child two years ago in 2014 will have to be disclosed in the immigration interview. It doesn't matter if you apply for a visa before that and it gets rejected. Question: If my god-spouse has passed away, should her passport be canceled or not?- Umakant Patel, Ahmedabad Answer: The passport of a deceased person is not compulsorily cancelled. If there are some dates in the passport and good to keep the passport canceled then it doesn't matter. You can keep the passport with you. However, you can check at the passport office. Question: I am currently working as a data engineer in USA. I have tried twice for H-1B visa and have not received it. My Canada PR petition is on the final stage. Can I try for an F-1 visa? What to choose among all these operations? Getting L-1 Visa?- Khyati Kansagra, USA Answer: The first of the options you mentioned is to try for H-4 because your parents get H-1B visas. You are not eligible for an L-1 visa. It's great if Canada's PR is available immediately, because you can come to America through it. One can also try for F-1 visa. Question: We have filed visa form DS 160 for US visa then how long will it be valid?- Vishal Prajapati, Ahmedabad Answer: Generally valid for one year. Question: I am 43 years old and I have completed MSC, can I try for student visa for vocational course?- Prajnesh Jani, Ahmedabad Answer: There is no bar or barrier to start studies at an older age in America. Most 50-year-old men in America have earned a Master of Law (LLM) degree. I have full information about it. So can apply. Question: What to do if passport is not renewed due to criminal complaint?- Kirit Pathak, Ahmedabad Answer: Passport will be renewed only if you submit a final order that you are innocent in the criminal court. An appeal can be made to the High Court. Question: My birth certificate is not available, it has been misplaced. An example of No Record is taken from Gram Panchayat. If we want to apply for a passport, will we need a birth certificate? Applying for a Canadian visitor visa in the future. So where birth certificate is required?- Kanubhai Parmar, Ahmedabad Answer: First you have got birth certificate. So it should be obtained from where it is found. It is not mandatory to take No Record despite birth certificate. If you want to take PR in future, you have to produce birth certificate. can be applied in the appropriate court. In short, birth certificate has to be presented for immigration. Birth certificate is not required for visitor visa. Question: I want to get citizenship of a developing country for my family for the better future of my family i.e. to invest. And for that you have to meet face to face.- Doctor Tapan Shah, Ahmedabad Answer: Out of the more than 15 countries on this earth which give PR investment i.e. through investment, how many regions also give citizenship. The list is very long, we will give it again sometime. Some countries like USA, France, Germany, Grenada, Finland etc give PR. (The author is an immigration expert advocate and licensed legal consultant in the US.)

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