Question:  My dad, a US citizen, filed an I-130 petition for my 23-year-old sister (his daughter) about 2 years ago. She is in Jamaica and the USCIS said the waiting time is 4 to 5 years. She just got married. Does this mean everything is lost because she got married?  
Answer:   No, nothing is lost and the petition will remain active. But his daughter will now be in the slower Family 3rd preference category line, which is now processing cases filed in Dec. of 1998. So she must now wait approximately 6-7 more years. The good thing is that her husband and children will be included once it is time to immigrate, so they can immigrate to the U.S. all together.

Question:  I am an American citizen planning to get married to a Jamaican. I have been living in the U.S. since 1986.  I have an embarrassing question, but I really need an answer.  I've known my fiancé for over 10 years and she is infected with herpes, but we still love each other.  When we get married, would she still be eligible to immigrate to the U.S. and get her green card?  
Answer:   There is no problem. Herpes is not one of the communicable diseases that would bar someone's admission to the US.  

Question: I have a Travel Permit valid for 1 year and I want to go back home to Trinidad to visit for Christmas, then again in April of 2007. How many continuous days can one be outside the U.S.? How many times can I go outside the U.S.?
Answer:  There is no specific limit on the number of trips or duration, except, you must return prior to the expiration of the travel permit (advance parole document). Therefore, if your Form I-512 Advance Parole expiration date is 12/15/2007, you must enter the US on or before 12/14/2007. Remember that adjustment-based residency applications require that you live in the U.S., therefore, it might not help your adjustment case if you remain outside during much of time you are waiting for adjustment, unless it is for business purposes.

Question: I am currently in the U.S. on an H-1 B work visa in Miami and I would like to travel back to Jamaica to visit my family for a few weeks after New Years.  Will I need to apply for a visa once I exit the US? A friend of mine said I can just use my I-797 approval letter, a letter from my employer  and my I-94 to re-enter the US? If I need to get a visa, are there any risks of that visa being denied and jeopardizing my work situation? Is there a way I can apply for a visa from the US or go have my passport stamped before I leave the country?
 Answer: That is a great question and one that comes up often in my consultations. The rule is, unless you have a valid (unexpired) H-1B visa stamp already in your passport, you will need to obtain a visa stamp from the U.S. consulate in your home country (Jamaica) or from one of the U.S. consulates in Canada or in Mexico. However, a word of caution, consular officers are notorious for re-adjudicating cases, so be sure you have a strong case before considering leaving the U.S. and applying for a visa at the consulate abroad. If you decide to leave the U.S., you will need to obtain a visa in your passport before you will be allowed to re-enter the U.S. You will need the original Approval Notice (Form I-797), a full copy of the immigration petition package filed with the USCIS in the U.S., and completed DS form 156 and if you are male, 157, along with photos. It is also a good idea to have a current job offer letter from the U.S. company and copies of paystubs to show you are working for the H-1B sponsor. If you want to apply for the visa in Canada or Mexico, you must first make an appointment using www.amcits.com. Be aware though, that it may be several months before an appointment becomes available at one of the U.S. consulates, so you must schedule your consular appointment far in advance and make your travel plans accordingly.

Question:  My wife and have been permanent residents since 2002 and will apply for citizenship in early 2007. My eldest daughter lives in Jamaica and wants to come up here and immigrate to the U.S. to be closer to us. We would like to petition for her and her husband, can we do it now before we get our citizenship to save some time? Do we need to file a separate petition for our son in law?
Answer:  Under immigration regulations, you cannot apply for married children to get green cards until you have become citizens. Permanent residents can only file petitions for their spouses, minor children and unmarried adult children. Once you are granted your citizenship (approx. 8 months after filing), you can file the I-130 for your daughter, which will cover her husband and children. The waiting time for a married child of a U.S. citizen will probably take 6-7 years or more, since the Immigration is currently processing Dec. 1998 at the present time. The spouse and any minor children of your daughter will be included in her petition. There is no need to file separate petitions for them.