Once again immigration reform is currently being debated. Currently the bill that was introduced in the Senate Judiciary Committee has received enough votes to pass in the Senate. The Senate's bill has now been sent to the House of Representatives for their vote. Currently, the House is proposing and debating amendments to the bill. If the House and Senate bills are not the same, the two bills will be worked on in a â€œconference committeeâ€ to settle any differences in the bill, and the bill will be sent back to both the House and Senate for final votes. Finally, the bill will be sent to the President to be signed into law. If the President signs the bill, regulations must be written to implement the bill. While we understand that immigration reform has not yet become the law we have received numerous questions about immigration reform. Recently our firm received an inquiry about the possible effect of the proposed immigration reform on sibling petitions. We will discuss this issue in this month's article.

Immigration: Questions and Answers – Fiancé Visa: Question and Answer

This month we have received a large number of calls regarding fiancé visas. Couples are engaged and they want to know the process of obtaining immigration status for their loved one as soon as possible. Currently, the fiancé visa is the quickest way to bring to bring your fiancé to the United states if it is your intention is to get married and then start the process to obtain permanent residence for your spouse. This article will briefly answer the most frequently asked questions that we have received this month about the fiancé visa process.

Question 1: I met my fiancé about one year ago and she tried to come and visit me in the United States but the United States Embassy denied her visitor’s visa. Can I sponsor her to come to the United States without us getting married?

Answer: You certainly can. The fiancé visa is designed specifically to bring your fiancé into the United States for the sole purpose of your marriage. Your fiancé is not permitted to enter the United States on a fiancé visa to work, or just to visit and return home. Consequently, I would recommend that you only apply for the fiancé visa if both you and your fiancé are willing, ready, and able to get married once she enters the United States. Immigration requires that you and your fiancé get married within 90 days of her entry into the United States. Once you are married you can then proceed to the next step of sponsoring your spouse for her permanent residence.

Question 2: How long will take until my fiancé gets to the United States?

Answer: The processing time for a fiancé visa will vary based on the location of the United States Consulate overseas. Thefiancé visa process is a two part process. First you will need to file your fiancé petition with Immigration in the United States. Currently the processing time is approximately 5 months. Once your fiancé petition is approved the fiancé visa approval is valid for 1 year. The approved fiancé visa file is then forwarded by Immigration over to the United States Embassy in your fiancé’scountry. The U.S Embassy will then schedule an appointment once they have available time. We have found that the U.S Embassy overseas usually schedules appointments in about 3 to 4 months after they have received your fiancé’s file. Therefore the overall processing time ranges anywhere from 8-9 months. This is only an approximation.

Question 3: My fiancé has a son that she does not want to leave behind in her country. Can we get my fiancé’s son into the United States as well?

Answer: Your fiancé’s son will be able to come into the United States provided that he is a unmarried minor and your marriage to his mother will occur before his 18th birthday. His visa will be dependent on his mother’s visa so it is important that you let the U.S Embassy know that your fiancé has a minor child that will need to be processed for a visa. It is also extremely important that your fiancé minor son’s information is included on her fiancé visa application so that Immigration is aware, from the start of her immigration case, that she has a minor child.

Question 4: Will Immigration believe that there is something wrong with my case if I have an attorney on my case?

Answer: I was actually taken by surprise by this question because I did not know that this was a concern for any of my clients. The answer to this question is no. Immigration petitions are based on immigration law. I think that this belief stems from the criminal law where you hire a lawyer to defend you because you are being charged with the alleged commission of a crime. The rules that govern criminal law are completely different from Immigration. Under Immigration law the applicant is voluntarily submitting his or her request to obtain an immigration benefit or maintain his or her immigration benefits. Applicants who are applying for immigration benefits have a legal right to hire an attorney, if they choose, to represent them in every area of immigration. Moreover Immigration does not have the ability to view your case unfavorably or demand that you not utilize the services of an attorney. The good news is that Immigration has been interacting with and working with attorneys on applicants’ cases since the creation of immigration laws.

Under the immigration laws the applicant has the legal responsibility to show that he or she is eligible to receive immigration benefits. Immigration’s responsibility is to ensure that you have met your responsibility. If you have not met your responsibility they have the legal right to deny your application and then investigate into whether or not you committed fraud, misrepresentation or any other act that could legally prevent youfrom acquiring benefits in the future.

If you are interested in learning more about the fiancé visa, please contact our office at 678-736-5600 or send your email to [email protected]. At your request we will send you our “Fiancé Visa Fact Sheet and our FREE downloadon the Three Best Ways to increase your chances of receiving an approval on your fiancé visa at no cost to you.

Disclaimer: This article is a broad overview of various immigration issues. This article is not legal advice and should not be taken as legal advice. This article is provided as a public service and is not intended to establish an attorney-client relationship. Any reliance on the information contained herein is taken at your own risk. The information provided in this article should never replace informed counsel when specific immigration-related guidance is needed.

About the Writer:
Safiya Byars is the founder and senior partner of the Byars Firm, Inc. She is a native of Kingston, Jamaica. Attorney Byars shows her clients the best ways to get their cases approved the FIRST time while reducing processing times and avoiding immigration red flags that result in delays, denials, and deportation. The Byars Firm is located at 3720 Chamblee Dunwoody Road, Suite D2, Chamblee, Georgia 30341. Attorney Byars handles all immigration matters, deportation defense, family law, and criminal issues. Attorney Byars can be reached at 678-736-5600, 404-992-6506 or via email at [email protected] and www.byarslawgroup.com.

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