NRI: NRI Helpdesk: Are you eligible to become a naturalized US citizen?

My Son was born in February 2020 within the USA, the place my spouse is on an F1 visa engaged on OPT. Because of the Covid19 pandemic, I could not meet my son for 2 years. Kindly recommend to me the way in which ahead to satisfy my son and spouse. I additionally tried to journey on a vacationer visa and F1 Visa. Sadly, I obtained each rejections. I am an Indian taxpayer and an IT worker.

You appear to be referring to a visa denial underneath Immigration and Nationality Act, part 214(b).

This regulation applies solely to nonimmigrant visa classes. In case you are refused a visa underneath part 214(b), it signifies that you didn’t overcome the presumption of immigrant intent required by regulation by sufficiently demonstrating that you’ve got robust ties to your private home nation. Such ties are seen as a motive you’ll not be tempted to exceed your allowed keep within the USA.

When your partner is already within the US, your ties to your private home nation are troublesome to display. Should you really feel there may be extra data that needs to be thought of associated to the visa choice, or there are important adjustments in your circumstances since your final utility, chances are you’ll reapply for a visa. Word that visas like H-1, H-4 (in case your partner will get an H-1), and L-1 are immune from this downside. So, when your spouse obtains an H-1B standing, or you possibly can qualify for an L-1 visa, you shouldn’t have the part 214(b) denials impede your visa.

My brother is a US citizen, and he utilized for our mom’s inexperienced card. Every thing is evident, all paperwork is finished, however as a result of pandemic, we’re ready for the interview date from March 2021. Do you have got any data on how we get the date or how a lot time it would take?
Due to the resurgence of the pandemic and an enormous backlog of circumstances, it’s unlikely we’ll see an instantaneous decision of the delays. However consulates have indicated that they’ll give desire to households of quick family, like mother and father, of US residents. Additionally, the US consulates have began waiving some nonimmigrant visa interviews, which ought to streamline their operations for inexperienced playing cards as effectively.

My daughter is in Dallas, US, and underneath medical therapy. She is there with an IN40 visa. As a father, I wish to be there throughout her medical urgency. How can I get a visa now to be along with her within the US?

I’m not certain what kind of visa your daughter has, however your selection seems to be the identical as for some other international nationwide, a B visa. The consulates normally difficulty a B-1/B-2 visa or a B-1 visa for medical points and attending members of the family.

I’m a US citizen at present in India. I’m touring again to the States in mid-February for 2 months and wish to take my Indian-citizen senior citizen mom with me for that length. Her final US vacationer visa expired eight years in the past. (She has an lively Schengen visa on her passport) Is there a means she will be able to get a short-term two-month visa to the US?

You’ll have to apply for her vacationer visa once more.

I stayed exterior of the US for greater than two years due to COVID-19. Am I eligible for naturalization? I got here to the USA in August 2016.

It seems that the continuity of your keep required for naturalization has been damaged by an absence of 1 yr. An absence from america for a steady interval of 1 yr or extra (12 months or extra) will robotically break the continuity of residence. It seems you could possibly apply after 4 years and someday after returning, or simpler, 4 years and 6 months after returning. The USCIS offers the next instance to your state of affairs:

“An applicant for naturalization underneath INA 316 departs america on January 1, 2010, and returns January 2, 2011. The applicant has been exterior america for precisely 1 yr (12 months) and has due to this fact damaged the continuity of his or her residence in america. The applicant should wait till not less than January 3, 2015, to use for naturalization, when the 5-year statutory interval instantly previous the appliance will date again to January 3, 2010. At the moment, though the applicant can have been absent from america for lower than 1 yr throughout the statutory interval, the applicant will nonetheless have been absent from america for greater than 6 months (180 days) throughout the statutory interval and could also be eligible for naturalization if she or he efficiently rebuts the presumption that she or he has damaged the continuity of her residence.

If the applicant can’t overcome the presumption of a break within the continuity of his or her residence, the applicant should wait till not less than July 6, 2015, to use for naturalization, when the 5-year statutory interval instantly previous the appliance will date again to July 6, 2010. Through the 5-year interval of July 6, 2010 to July 6, 2015, assuming the applicant didn’t make any extra journeys exterior america that may trigger USCIS to presume a break in continuity of residence, the applicant was solely absent from america between July 6, 2010 and January 2, 2011, a interval that isn’t greater than 6 months. Subsequently, no presumption of a break in steady residence applies.”

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Rajiv Khanna, Managing Legal professional, Immigration.com

The writer’s views don’t essentially signify the views of ET On-line nor do they represent authorized recommendation or illustration. Observe ideas supplied within the written supplies are based mostly on the writer’s experiences and the present state of the regulation and rules. Please you should definitely conduct authorized analysis and evaluation, or have interaction unbiased counsel to your distinctive state of affairs because the regulation and necessities change shortly and the writer’s experiences could differ from your individual.

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