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February 2008 Archives


If you go home without giving your Arrival-Departure record to an Immigration Officer, you could be regarded as having overstayed in the U.S. You must be able to manifest that you have left the U.S. in a timely manner; otherwise you may be barred from returning. For example, if you return to the U.S. on a visa waiver, an immigration officer could refuse to admit you. Unless you have proof of timely departure, the officer could presume you overstayed. If you didn’t turn in the I-94 when you last left, it is prudent to correct the record. This may be done by belatedly validating your departure with such proof as a copy of the original boarding pass; a copy of an entry stamp in a foreign country in your passport, or copies of other supporting documentation. A letter of explanation with the documentation should be sent to the Immigration Service and you should keep a copy for an Immigration Officer when you return to the U.S. You may also be excused for an unavoidable overstay such as for a medical emergency or a delay in departure beyond your control. If you go to contiguous territories as Canada, Mexico or the Caribbean Islands, retain your I-94 form to return to the U.S. and only surrender it when you leave at the end of your trip ,If you need help or advise, call us at 212-944-9420.


A Spouse, parent, or child of a U.S. CITIZEN, who served honorably in the U.S. armed forces and who died as a result of injury or disease incurred or aggravated by combat may petition for permanent residence within two years of the U.S. citizen’s death. A spouse may apply as long as s(he) is not legally separated at the time of death and does not remarry before the petition is completed. A child may apply even if s(he) becomes 21 or marries after the death of the U.S. citizen. And a parent may apply even if the deceased U.S. citizen was under 21 years of age. The public charge provision is waived for such spouse child or parent. If you need help or advise, call us at 212-944-9420.


A natural born child may petition for a parent when the child is 21 years of age or older. A stepchild, whether legitimate or illegitimate who lived with and was cared for as the child of the step parent or for whom the step parent engaged in an active parental interest in the support and welfare of the child and where the step parent-child relationship was formed before the child was 18, may also petition for a parent. Even if the step child is over 21, if step relation continues it is valid even if a divorce occurs of the step parent. There is no numerical limitation for the number of visas issued for parents or step parents of U.S. citizens, natural or step. If you need help or advise, call us at 212-944-9420.
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