Ask an INS Insider, No. 2

In this column, Charlotte, who was an INS officer for 12 years and is now a private immigration consultant, answers reader questions about agency procedures or policies. If you'd like your question to be answered in her column, send it to your editors at immigration.guide@about.com.

Here are this week's featured Q&As:

Question 1: When I filed for one of my sisters in 1993, I listed her 3 kids but did not list her husband even though she was married at the time.  I am afraid of messing up the priority if I write a letter to INS? Could you let me know what I am supposed to do?

Charlotte: Sailaja-- You should contact the INS office that approved the I-130, via mail and send them a copy of the I-130 approval, a letter explaining why you did not include her husband at the time of filing the original I-130 and a copy of their marriage license with the translation if needed. Await their response, to see what happens, but they should have no problem including him in the I-130.  Let's wait and see what happens and then we can go from there. Have a great day!

Question 2: My youngest sister lived in India and was not married when I filed in 1993. Now she is married and have a 2 year old and lives in Canada with family as a legal immigrant. Should I write a letter to change her married status? Since they are living in Canada, what should I do to change the country from India to Canada?

Charlotte: Actually, whenever the visa number becomes available and she is ready to immigrate, she can bring her spouse and child with her at that time, she has to show proof of marriage and the child's birth certificate. As far as changing the  country, they will need to contact the National Visa Center at 32 Rochester Avenue, Portsmouth, NH, and if you'll contact me by email, I will give you the phone number, so that they can make the changes to the appropriate applications.
I hope that these answers have helped you and lead you in the right direction, if you have any further questions, please feel free to email me. Have a great day!

Question 3: Can you please help me. A friend of mine married a US permanent resident. She went there on fake passport in 1999. She came back voluntarily after 2 yrs. She overstayed her visa. She has a son. Now her husband is US citizen. He wants to file a petition for her. What are the chances, if she is barred for 10 yrs. What are the chances after 10 yrs. will this effect his son? If his son wants to apply late in future, for example, for student visa or if he marries a US citizen? Will he be refused? She is very disturbed. Can you please answer the question a.s.a.p. Thanks.

Charlotte: Omar--From what I can understand, it seems to me that your friend has illegally exited and then re-entered illegally with a fraudulent passport, so her husband should not file for her as entering the US legally, if he does that means that he would be trying to evade the immigration laws by knowingly filing for her as a legal entry, and eventually, either at the time of filing or at the time of interview, the officer will ask to see the passport and will be able to tell if the passport is fraudulent, you did not indicate in what way it was fraudulently used, but either way, it will be found out, more likely than not. I could go on forever with different explanations and situations, but it wouldn't change the facts.  Did the son go with her and then re-enter with her, or was he here?  Please email me and we can discuss the situation further. Thank you and I await your email.

Question 4: Our nanny is pregnant and we are helping her with the paperwork to get her mother a B-2 visa to come into the states and be here when./after her baby is born (from Nicaragua). The question is whether an old Affidavit of Support (Form I-134) is required for a tourist visa? Thanks, Jake.

Charlotte: Jake--The old Affidavit of Support (I-134) is the correct one to use for this type of visa, but make sure it is completed correctly and you have all of the required documentation to submit with it.  Also, you must submit a letter of invitation with the I-134 also. You then forward everything to your nanny's mother and she in turn goes to the US Embassy or Consulate in Nicaragua with the documentation and passport to see  an Officer, who will determine the outcome of the invitation. I wish you the best of luck, and if you have any further questions, please feel free to email me.  Have a Great Day!

Question 5: HI, I entered the United States in tourists visa and I changed my visa status to F-1. I would like to go visit my parents back home in Lebanon. My question is if I go to American embassy in Canada to get a visa and they did not issue it for me will I still be able to enter the United States in my I-94? Or if you have any idea in how to get a student visa in the passport. Thank you very much your help is appreciated in advance. Sincerely, Toni Moussa.

Charlotte: Toni--First, you will need to get permission from your Student Advisor to travel abroad, he /she will indicate that on the back of your I-20, then with all the new Non-Immigrant Visa Rules, and the only place for you to get a F-1 visa in your passport is out of the US, I could not say whether the Inspector would allow you into the country, just with your I-20 and your current I-94. It is up to the Inspector, and with all of the new security in effect and new rules, I don't know whether you would want to chance the situation not turning out like you would want it to. If  I can help you any further, please feel free to email me.  Have A Great Day!

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