Immigration - Questions & Answers

If a family member overstayed outside the US and had their green card revoked, they may face difficulties in reentering the country. The person in question should consult with an immigration attorney to understand their specific situation and explore potential options. Here are a few possibilities:

1. File a Form I-407: If the family member voluntarily gave up their green card by filing a Form I-407 before leaving the US, they may be eligible to apply for a visa to return. However, this process can be complex, and they should consult with an attorney to understand their chances.

2. Apply for a Returning Resident Visa (SB-1): If the individual intended to return to the US but faced circumstances beyond their control, such as an emergency or other unavoidable reasons, they can apply for an SB-1 visa. This visa is meant for lawful permanent residents who have had their green cards revoked or expired due to protracted stays abroad.

3. Seek a waiver: Depending on the circumstances of the overstayed period or green card revocation, the family member may be eligible for waivers available under immigration law, such as the I-601 or I-212 waivers. These waivers can provide a chance to overcome certain inadmissibility issues.

4. Apply for a new immigrant visa: In some cases, the family member may need to apply for a new immigrant visa, resetting their permanent resident status. This typically involves starting the immigration process from scratch, including obtaining an approved immigrant petition and going through consular processing.

It is essential for the family member to consult with an experienced immigration attorney who can assess their situation, guide them through the options available, and advise on the best course of action based on their specific circumstances.

...Read More

There are several ways to bring your Vietnamese wife to the United States. Here are some common options:

1. Spousal Visa:

   You can apply for a spousal visa, specifically the CR-1 visa (for couples married less than two years) or the IR-1 visa (for couples married more than two years). This process involves filing a petition with the U.S. Citizenship and Immigration Services (USCIS) to establish the validity of your marriage. Once approved, your wife will be eligible to enter the U.S. as a lawful permanent resident.

2. Fiancée Visa:

   If you are not yet married, another option is applying for a fiancée visa (K-1 visa). This visa allows your fiancée to enter the U.S. for the purpose of marrying you within 90 days. Once married, she can then apply for adjustment of status to become a permanent resident.

3. Diversity Visa Lottery:

   The U.S. government runs an annual Diversity Visa (DV) Lottery program, which grants a limited number of immigrant visas to individuals from countries, including Vietnam, with historically low immigration rates to the U.S. If selected in the lottery, your wife will need to go through the visa application process.

4. Employment-Based Visa:

   If your wife has a specific skill or profession, she may be eligible for an employment-based visa, such as an H-1B or H-2B visa. This usually requires a job offer from a U.S. employer who is willing to sponsor her and demonstrate that there is a shortage of qualified U.S. workers for that particular role.

It is important to note that the visa application process can be complex and time-consuming. It is highly recommended to consult an immigration lawyer or seek assistance from the U.S. Embassy or Consulate in Vietnam to understand the specific requirements and procedures for your situation.

...Read More

Although a 17-year-old child who is a U.S. citizen by birth can petition for their parents once they turn 21, they cannot directly sponsor a green card for their parents at the age of 17. The child must be at least 21 years old to initiate the process of sponsoring their parents for a green card....Read More

In general, you need to renew your green card every 10 years if you are a lawful permanent resident of the United States. It is recommended to apply to renew your green card within six months of the expiration date to avoid any potential disruptions to your status....Read More