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Can US Visa Be Extended?
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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.
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Annulment Of Marriage
 Bindiya asks,
Can a husband residing in U.S file for divorce in U.S when his wife is residing in India. Will this be valid for both in India? Are there any recent rulings favouring such type of divorce filing? We have stayed together for 3 weeks after the marriage. We are married since past 8 months.
 Dear Bindiya,
Yes. It is possible for your husband to file a divorce in US even if you are residing in India. Validity of such divorces are questioned at times in India but there is no definite ruling. If husband and wife both are accepting the same then such divorces are valid.
Work Permit Visa
Mukesh asks,
I am a nurse in Gujarat Govt. Hospital. I want to go to the USA. One agent told me that I could go to USA-Texas without passing any examination, which is held by USA government for nurse. He told that I would get 5 years work permit, which is renewable after 5 years. Is it legal? Is there any law for this kind of immigration? Please reply.
Dear Mukesh,
If you want to travel to USA to work there as a nurse, you will have to pass the exam held by US Government. Some states have agreed that such exams may be given whilst in USA.
Filing Petition For Husband
Jackie asks,
I just got a green card and I am getting married in Feb. to my fiancé who is in the US on an F-1 visa. His F-1 visa expires in Dec. 2009. Considering that I just got a green card, can I petition for my husband? Or do I have to hold the card for a certain amount of time before I can petition for him? Is there a way to allow him to get a work permit after he completes school this year?
Dear Jackie,
You can file petition for your husband's immigrant visa. But merely filing the petition will not allow him to stay in USA. After his F-1 visa expires he will have to return to his home country and wait till the petition filed by you is approved and visa is available.
Waiver Petition
Jyothi Basrur asks,
I am a Canadian citizen, and I have 10 yrs ban placed on me to enter the US. Since the ban, I got my work authorization to work in the US. Is there anything I can do to go back to the US?
Dear Jyothi Basrur,
You may consider applying for a Waiver of the 10 year ban placed on you, which must be, on account of your overstay in USA for a year or more.
Visa Extension
John Manaloor asks,
I am 71 yrs old and my wife is 67 yrs old. We both are on visit in USA to spend time with son and family and also to visit other relatives in different states. Our 6 months permitted stay will expire in 25 days. Is it possible to get extension for another 3 months because I want to meet my relatives and need more time here? What is the procedure for applying for extension?
Dear John Manaloor,
Yes. It is possible for you to apply for an extension of your stay in USA. A visitor visa holder in aggregate is allowed to stay for a year in USA. It is possible for you to apply for an extension of stay for another 3 months. However do it immediately. It would be advisable that you consult an immigration attorney whilst doing so since you will need prescribed forms to be filled in and submit them with convincing reasons for the extension.
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