Published on the World Journal Weekly on November 12, 2017

Q&A 1 2

What To Do About Our Son Who Was Born After We Started the Immigration Case?


My sister applied for me in 2005 and the waiting time is just about over. We have been given papers (DS-260) to fill out and send back to the National Visa Center. But the papers are only for me and my wife since our son was born in 2009. What do we do?

Dear reader,

You may wish to back up a step and notify the National Visa Center (NVC) that you have had a child since the I-130 petition was filed and request the NVC to add him to your immigration case. When that is successfully done, the NVC will send a separate fee bill for your son and after your payment of it, you will be able to also submit a DS-260 form for him so that your family can all immigrate at the same time.

Q&A 2

Five-year Bar on Coming To The U. S. Since August 2012, Can I Get a Traveling Visa Now?

In August 2012, I tried to come to the U. S. on my visitor’s visa after spending most of the past 3 years since 2009 in the U. S. and just going out occasionally. But then I was told that I no longer qualified for the visitor’s visa because of all the time that I had been spending in the U. S., and I was given papers and told not to come back for 5 years. Now 5 years is over. Can I apply again for a U. S. visitors visa?

Dear reader,

I note that even after the five-year bar, US consular officers will interview to determine whether a B1/B2 visa can be given in the discretion of the officer. Your having been declared inadmissible previously will be a negative, and it is strongly recommended that you bring as much evidence as you can of your ties and bonds with your home country to the interview.


Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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