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Dear Sir,
We are Canadian Landed Immigrants now residing in US on H1-B and H4 visa.
Me and my son first entered US as visitors in November 1996. When my H1B petition was approved in March 1997, I went to Canada and reentered US obtaining H1B visa at the border. But my son did not obtain his H4 visa then. He lived with me and started going to middle school. We realized late that he too needs to obtain H4 visa and he obtained it only in November 1999. I have been filing and paying my Federal and State Income taxes since April 1997, showing my son as my dependent. He has a Tax Payer Identification Number obtained from IRS since May 1997.
I am the beneficiary of Family 4th preference visa petition filed by my brother in 1988 and it has become current now. My visa file is in National Visa Center. I have their letter. I was thinking of filing for adjustment of status. Unfortunately my brother has lost the Relative Immigrant Visa Approval Notice given by INS California in June 1988. He has submitted I-864 petition to INS California on March 4, 2002 to issue a Duplicate Approval Notice. The Receipt Notice from INS says that it will take 880 days to process this petition. But my H1-B six year limit expires on April 3, 2003 and I cannot wait until we get the duplicate approval notice. I do have a copy of the Approval Notice for my sister and it has the names of all the brothers and sister (including me)petitioned for by my brother.
If I go for Consular processing in India, my wife needs to obtain PCC from Canada as she had stayed in Canada for two years before coming to US. To obtain Canadian PCC, my wife needs to get finger printing done in Canada and apply for PCC from RCMP. Is there a possibility that the Canadian Immigration officer at the border raise questions about our Landed Immigrant Visa status and deny us entry into Canada and cancel our Canadian Visa status as we have lived in US for more than six months?
I read in page 3 item (f) of Form DS-230 Part II that "An alien who after November 30, 1996, attended in student (F) visa status a U.S. public elementary school or who attended a U.S. public secondary school without reimbursing the school" is ineligible to receive a Visa. My question is, does this clause a problem at the visa interview?. He is still 16 years old. Even though he did not have H4 visa from April 1997 to October 1999, he lived with me as my dependent and went to school and I have been a legal US Resident paying taxes. We are in legal status now.
Please answer my questions and suggest what I should do to obtain permanent resident status. Whether I should go for Consular processing or Adjustment of Status?. I badly need help and suggestions.
Thank you.
We are Canadian Landed Immigrants now residing in US on H1-B and H4 visa.
Me and my son first entered US as visitors in November 1996. When my H1B petition was approved in March 1997, I went to Canada and reentered US obtaining H1B visa at the border. But my son did not obtain his H4 visa then. He lived with me and started going to middle school. We realized late that he too needs to obtain H4 visa and he obtained it only in November 1999. I have been filing and paying my Federal and State Income taxes since April 1997, showing my son as my dependent. He has a Tax Payer Identification Number obtained from IRS since May 1997.
I am the beneficiary of Family 4th preference visa petition filed by my brother in 1988 and it has become current now. My visa file is in National Visa Center. I have their letter. I was thinking of filing for adjustment of status. Unfortunately my brother has lost the Relative Immigrant Visa Approval Notice given by INS California in June 1988. He has submitted I-864 petition to INS California on March 4, 2002 to issue a Duplicate Approval Notice. The Receipt Notice from INS says that it will take 880 days to process this petition. But my H1-B six year limit expires on April 3, 2003 and I cannot wait until we get the duplicate approval notice. I do have a copy of the Approval Notice for my sister and it has the names of all the brothers and sister (including me)petitioned for by my brother.
If I go for Consular processing in India, my wife needs to obtain PCC from Canada as she had stayed in Canada for two years before coming to US. To obtain Canadian PCC, my wife needs to get finger printing done in Canada and apply for PCC from RCMP. Is there a possibility that the Canadian Immigration officer at the border raise questions about our Landed Immigrant Visa status and deny us entry into Canada and cancel our Canadian Visa status as we have lived in US for more than six months?
I read in page 3 item (f) of Form DS-230 Part II that "An alien who after November 30, 1996, attended in student (F) visa status a U.S. public elementary school or who attended a U.S. public secondary school without reimbursing the school" is ineligible to receive a Visa. My question is, does this clause a problem at the visa interview?. He is still 16 years old. Even though he did not have H4 visa from April 1997 to October 1999, he lived with me as my dependent and went to school and I have been a legal US Resident paying taxes. We are in legal status now.
Please answer my questions and suggest what I should do to obtain permanent resident status. Whether I should go for Consular processing or Adjustment of Status?. I badly need help and suggestions.
Thank you.
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