Felicia PersaudU.S. Immigration korner
Felicia Persaud
This is a column created especially for
immigrants concerned or unsure of issues pertaining to the US
Immigration Law. The column will answer some of our readers frequently
asked questions and provide answers from qualified immigration
attorneys and advocates lobbying for the US immigration cause.
Q: My daughter is a permanent citizen of the United States. She petitioned for her dad and myself on December, 24 2001. It has been 15 months and we have not heard anything from the embassy. I would like to know what is taking them so long and how long will we have to wait?
A: Legal permanent resident daughters or sons cannot apply for their parents, says Attorney Andre Pierre, so it is not clear what papers your daughter filed. There is no such category in the preferences/sub-ceilings. However, if your daughter becomes a US citizen, she can apply for both of you. Parents are considered immediate relatives and they are exempt from the numerical restrictions, says Pierre. They do not have to wait for a visa to become available to them. Once the US citizen daughter files the petition with the Bureau of Citizenship & Immigration, a visa immediately becomes available to the parent. However, it takes BCIS some time to adjudicate the petition about 12-18 months for BCIS to adjudicate the petition and refer it to the Visa Center for processing. Once the visa center has completed its job, then the package will be sent to the US Consulate abroad.
Q: My boyfriend, an American citizen, wants to come to the Caribbean and marry me and adopt my 14-year-old son. My son has his father's surname but his father's whereabouts are unknown. He has his own passport. What can my boyfriend do, if anything at all, from Georgia, USA. before he comes here to adopt him?
A: He cannot do very much from Georgia, says Attorney Stan Mark of the Asian American Legal Defense Fund. There maybe some rules or regulations in your country which may define what and how an adoption takes place under their laws. As far as the US immigration law is concerned, your boyfriend must live with his adopted child for two years in order for the boy to get US immigration benefits to bring him as his son. However, once you marry your boyfriend, your son automatically becomes his stepson and since your boyfriend is a US citizen, he can petition for you as his wife and your son as his stepson since the child is still under 18 and is considered an immediate relative, says Mark.
About the writer: Felicia Persaud is a New York-based journalist and head of Hard Beat Communications. If you or someone you know has an immigration question, then email Felicia directly at hardbeatinc@aol.com. Individuals can keep their anonymity if preferred, since questions will not be answered personally!