We have compiled all the questions sent by people from all over the world that have been answered by our attorneys via the Ask Kidambi feature on the site. Please browse through them and if you don't find your answers, ask us a question and it will be answered by one of our attorneys within 48 hours.
I will be going for my US Naturalization oath ceremony soon. I would like to bring my fiance to US after our marriage. What visa do I need to apply for her and what paper work needs to be completed?
I am a U.S. citizen. I want to apply for a Green Card for my parents. How long do they have to remain here to maintain their GC status?
Permanent residents are required to maintain a permanent residence in the U.S. Any absence abroad that extends beyond six months raises the presumption that the Green Card holder has abandoned his or her permanent residence in the U.S. The Green Card holder then has the burden of overcoming this presumption when they attempt to re enter the United States after a long absence. I foresee problems when your parents attempt to return at the end of each absence, unless they obtain permission [in the form of a re entry permit] prior to departure.
I filed a Green Card petition for my mother. The Service wants additional information. How do I find out what is happening with my application and how long will it take?
The Service does send out requests for additional evidence in immediate relative cases. Please acknowledge receipt and respond to these requests within the time allotted. This is normal. If you want additional information on your case schedule an appointment using InfoPass and visit the district office for additional information.
What is "Follow to Join"? Who can qualify for it?
"Follow to Join" is a term of art. Your spouse and children are eligible for "derivative status" - visas given to spouse and children who accompany the principal beneficiary, or enter the U.S. If the entry is within 4 months of the principal beneficiary's entry or appearance at a consulate abroad, then they are supposed to be following to join the principal beneficiary in the U.S.
I have a sister living in Peru. I want to sponsor her. What are my options?
There are three options available. 1) Marriage to a U.S. citizen, or 2) An Employment based petition to sponsor her as an immigrant and finally 3) A petition for immediate relative. For more on the process go to the visa section of this Website.
Are children under the age of 15 applying for a green card required to pass an HIV test as part of their obligatory physical examination?
All visa applicants are required to complete a medical examination. HIV testing is now required of all applicants. Infection with the HIV virus is a ground for exclusion from the U.S., although a waiver may be available.
Delay in filing application to remove condition - Family based application
As long as it is receipted prior to the date of expiration of green card, your wife should not have any issues. Not filing a removal of condition application could lead to an automatic revocation.
What Happens if Spouse is not Included in I-485 Adjustment? Will Filing an I-130 Grant Status to Remain in the US?
The I-485 for the spouse can and will be adjudicated only if dates are current, which would immediately allow the principal to file a dependent application to adjust status. Also, the spouse would be able to accompany/join the principal if her name was included in the I-140, or the marriage happened prior to adjudication. Filing an I-130 would certainly be possible if this is being done after the fact. However, this does not grant the H-4 spouse status to remain in the U.S. Other options may be available. Please contact our Office for an appointment to discuss this matter in greater detail.
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