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Migration or Immigration
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Sudhir Shah
A Member of American Immigration Lawyers Association of USA and a practicing Lawyer of Mumbai. He is an expert on USA Immigration Laws. He provides guidance on how to prepare, apply and obtain a visa to travel to the USA upon marrying someone residing there.
Have a question? Click here...
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Green Card
Dr Metha asks,
What's the easiest way for me to obtain a green card in the US. I have a company that is willing to sponsor me. I would like to get my green card through employment. How soon can I obtain the green card in this manner?
Dear Dr Metha,
There are 4 Employment Based Preference categories under which a US company can sponsor a foreign employee for a green card. Besides this, if you have travelled to USA on an Intra-company Transferee L-1 visa or as a speciality occupation worker on H-1B visa then too your US employer can sponsor you for a green card. As regards the time to receive the green card, it would depend upon what preference category you are sponsored for.
False Case
Vishaal Gupta asks,
My wife tortured my mother when she came to the USA. She even threw my mother out of the house when I was at work. After that she went back to India and filed a false dowry case against me. She is demanding 20 lakhs to close the case, they are trying to impound my passport and cancel my visa as well as my mom's visa, if I don't pay them. How can I handle this false and fabricated case? My mother is also weak and not keeping well.
Dear Vishaal,
Is there any record by way of lodging a police complaint of your wife's conduct? You should engage a competent lawyer in India to defend the false dowry case filed by your wife against you. If the case is false then the court will dismiss the same.
Sham Marriage
Ben Tandy asks,
I married a girl in India in Dec. 2005. We are going through the immigration process. The American embassy in New Delhi denied the first interview, subsequent to that they requested and I provided additional subjective documentation showing phone records, wedding photos etc.
Then they granted the second interview. Then the consular official who talked with my wife refused to believe our marriage and provide her the US visa. The embassy called me and interviewed me for 40 minutes; the officer who interviewed me said they would give us a decision within 30 days. What do we do if they deny her?
We have been married now for 19 months and are still living apart. The embassy doesn't have one shred of credible evidence to indicate this is a "sham" marriage. This process has been long and drawn out. I love my wife and want her here in America, can you help me?
Dear Ben Tandy,
Why does the consular officer believe that your marriage is a "Sham marriage?" What is the reason that the consular officer is not prepared to believe that your marriage is a valid marriage? Is this your first marriage? Is this your wife's first marriage? How you met each other?
You must consult an immigration attorney well versed in USA immigration laws.
Indian Citizenship
Starr asks,
I am a US citizen and currently in India with a 10-year tourist visa that allows for a 180-days continuous stay. I recently married an Indian man here in India and we wish to remain in India indefinitely. Is there some process by which I can do this?
Dear Starr,
Yes. Based upon your relationship of marriage with an Indian citizen, you can apply for Indian citizenship. Consult an advocate well versed in the laws of citizenship of India.
Visa Issues
Ajay asks,
My wife is in USA on F1 visa, I got rejected twice on F2 (dependant visa). Now I'm planning to re-appear for a F2 visa the third time. Some one suggested me to try for a USA sponsor and that it is a strong point in getting the visa. Please guide me how I can get this visa easily.
Dear Ajay,
An applicant of a dependant F-2 visa has to satisfy to the consular officer that his/her spouse who is in USA on F-1 visa has sufficient funds to maintain him/her in USA. That applicant is also required to show that he /she has no intention of permanently residing in USA and has strong family and financial ties in his /her home country. A US sponsor may not be a good idea. On the contrary it may act against you.
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