Q&A’s published on Lawyers.com and the Epoch Times – 8/10/2018 1. How to Sponsor My Nephew for Visiting Visa? 2. Is There Any Way For Me to Get Back Into America If I Am Under a 10-Year Bar? 3. Citizenship Through Marriage

1. How to Sponsor My Nephew for Visiting Visa?

My brother, who I have sponsored and has been granted a visa to the US, wants me to sponsor his 4 yr old child too.  Both my brother & sister-in-law, have visiting visas to the US, but now they would like me to be a sponsor to my nephew, who is 3.5 yrs old. Plus, they want me to sponsor the mother-in-law, who cares for the boy. What forms do I need to complete? What is required from me?

Mr. Lee answers:
The assistance that your brother is asking from you does not appear to have much success potential. It would take a very sympathetic US consular officer to grant a visiting visa to a small child and for someone who is not a parent to take care of him while in the States. This would especially not look good since your brother and his wife have visiting visas to the United States also.  Questions would be why they did not present the child to begin with when they applied for their visas, and also why they need the mother-in-law to take care of the child if they are here in the US on visiting visas. Would the answer be because they are planning to stay and illegally work in the States?  I suggest that you might ask your brother to reconsider his request to you if this is the case. 

2. Is There Any Way For Me to Get Back Into America If I Am Under a 10-Year Bar?

My parents took me to America when I was 9 months old. We stayed for my entire life up until 3 years ago. I am currently in Korea and I would like to go back for college. But I heard that I cannot because I’m under a 10 year bar. I really need to go back to study. I’m ok with living on my own. Is there any way I can go back before 10 years?

Mr. Lee answers:
Assuming that you left the US after you turned 18 (10 year bar only applies to those in US at 18 who were illegal for a year or more), you can apply for an F-1 visa at the American consulate or embassy and apply for a waiver of the 10 year bar. The procedure will vary from Consulate to Consulate, and you may wish to communicate beforehand with the American consulate or embassy in Korea as to whether it wishes you to bring in waiver papers at the time of the F-1 visa interview. It will then be up to the consular officer of whether to recommend a waiver to the Admissibililty Review Office (ARO) of DHS which makes a final decision as to whether a waiver can be approved.

3. Citizenship Through Marriage

I need to apply for citizenship through marriage based green card. My wife traveled for six month to INDIA. Am I still eligible for 3 years?

Mr. Lee Answers:
In applying for citizenship based upon the three-year rule involving marriage to a US citizen, U.S.C.I.S. expects that the alien will be constantly with the US citizen spouse. Whether you can do it on the basis of three years where the wife traveled to India for six months may depend upon whether your wife had more than one trip, e.g. three trips of two months each, the timing in between the trips, or whether you accompanied her when she traveled to India. If your wife traveled to India one time for six months without you, it is questionable that U.S.C.I.S. would allow you to take advantage of the three-year rule.