1. Tourist Visa While Awaiting for Green Card
I am an Indian my wife is USA citizen. We married in India 4 years ago. She has Indian overseas Citizenship. She is staying in India on and off. My immigrant visa is already in progress. Is it possible for me to get tourist visa to go and visit my wife?
Mr. Lee answers:
Whether you are allowed to obtain a tourist visa to visit your wife is a decision of the US consular officer when you make an application. The question is whether you would be trustworthy enough upon your assurance that you would return to India once the period of visit is over. If you decide to apply for a visitor’s visa, you should certainly put down on the visa application that your wife is in the US and has applied for you on a visa petition.
2. Can I Apply for a Green Card Without Being Sponsored?
I recently got my PhD from a university in the US and is starting my OPT soon. Will I be able to apply for a green card without having an employer to sponsor me?
Mr. Lee answers:
Other than the family based cases, asylum, visa lottery, and EB-5 immigrant investor, I assume that your question is more attuned to whether you can self-sponsor yourself through employment. Presently individuals are able to do so only if they are extraordinary in the field of endeavor or their immigration would advance the national interest. It is good to have a PhD, but under present law, it would not entitle you to an automatic green card. I do note that the Trump administration keeps attempting to change the immigration system to allow educated individuals like you to self-sponsor upon the attainment of a certain number of factors related to education and experience. Whether any such legislation will be enacted is questionable as the proposals have unfavorable aspects to Democrats and other immigration proponents. But we will be keeping our eyes on them the same as you, I imagine.
3. My Immigrant Visa Case Was Filed in 2005, Was Given a 221g At The Time of Interview.
The case been updated in 2018 and now has returned to NVC. What to do now?
Mr. Lee answers:
When a case is returned to the NVC, it is usually thereafter transmitted to U.S.C.I.S. which looks over the basis for rejection at the US Embassy or Consulate. If it believes that the reason was wrong, it could reaffirm the approval and send the case back to the US Embassy or consulate for further processing. If it believes that the post may be or is correct, it will send the petitioner a notice of intent to revoke the petition. Since you are complaining of an NVC return in 2018, you may wish to check with the petitioner to see if anything was received. If nothing was received, the petitioner or you should check on the case with the NVC to see what happened.
