Biometrics Are Now Required For All Naturalization Applicants
On July 26, 2017 the USCIS announced a change in policy regarding the requirement for Biometrics (fingerprints & digital photos) to be taken from Naturalization Applicants. Until now, the USCIS has waived Biometrics for Residents who are age 75 or older. Under this recent change, all Residents, regardless of age, will be required to have them taken. Residents with certain medical conditions, may still be eligible for a waiver and special accommodation will still be made for Residents with disabilities, those who are homebound or hospitalized.
THIS WEEK’S IMMIGRATION QUESTIONS & ANSWERS
Question: Hi, I’m from Trinidad and came to the U.S. in 2015. I met my fiancé in 2016. I overstayed my visa by 2 months last year to be in Florida with her for the Christmas holidays. I then returned to Trinidad to get things settled before coming back to America to get married and file my immigration papers. When I tried to return to the US in March of this year, the officer at the airport cancelled my visa and told me I had to get a new one at the Embassy because I overstayed the last time. I explained I overstayed only 2 months, but he said even a day is too long! When I reapplied at the embassy they denied me. My fiancé and I are devastated, and don’t know what to do. She plans to come to Trinidad in August so we can get married here. My question is, will I be able to accompany her back to Florida once we get married. What is the immigration process from there?
Answer: This is very common. Unfortunately, under Immigration regulations, once you overstay your period of authorized stay in the U.S. – by even one day – when you leave the U.S., your U.S. visa is automatically canceled. You are not allowed to re-enter on your Visa Waiver (or B1/B2). You are instead required to apply for a new B1/B2 Tourist visa at the U.S. Consulate in your home country. Once an individual overstays in the U.S. and then applies for a visa at the U.S. Consulate abroad, the Consular officers are very unlikely to issue a B1/B2 tourist or any other type of Non-immigrant visa. This effectively closes all possibilities for legally traveling to the U.S. again.
The exceptions are Visas, such as a Fiancée Visa and Spousal Visa (for foreign Fiancées & Spouses of U.S. Citizens). However, foreign Fiancées and Spouses are not issued the Visa which allows them to travel to the U.S. until all the technical processing is complete, which takes 6-8 months or more.
In your cases, since your fiancée is going to fly to Trinidad to marry you, once she returns, a Spousal Immigrant petition can be filed to initiate the process of bringing you to the U.S. as a U.S. Resident. You won’t be allowed to return to the U.S. along with your new wife, instead, you have to wait in Trinidad for consular processing.
Question: I am from the Bahamas. I was sponsored for a green card in 2014 by my sister in the United States. My family here at home has passed and I don’t have anyone left but my sister in America. I need to know any possible way to cut down this long waiting time to immigrate to America sooner or if I can just be allowed to go to the U.S. and stay with my sister there while I am waiting?
Answer: Sorry to hear that you are alone there. Unfortunately, there is no way to expedite the immigration process for siblings of U.S. Citizens (F4 immigration category). It will likely take 12-14 years for an Immigrant Visa to be available in that category. The law does not allow siblings to stay inside the U.S. while waiting to immigrate unless they are in the U.S. in another legal visa category like an F-1 student visa or some other work visa.
