Dear Atty. Lou,
I petitioned my youngest brother and sister way back in 1991. Now, my brother said he received in Pasig city (residence) a mail regarding the petition for my sister Rosa who is now based in Melbourne Australia as a nurse. What does she need to do if she’s still interested in migrating here in the US? Will she be able to retain her Australian citizenship and go back there just in case she finds that she’s not comfortable here? What about her present status and address? She’s married now with 3 children.
About my brother Jerry, he’s still single and has a live in girlfriend that he loves very much. Can he marry her now and take her along if his visa comes after my sister? They both got their approval around the same time before. I’m thinking that his visa notice got delayed in the mail in the Philippines. He is the one who’s been waiting for that visa to come and I do wish he can really come over here in California. Also, he overstayed his visitor’s visa in Sydney before, but went home on his own free will 6 years ago. Will this have an effect on his US application?
Sister Vi
Dear Sister Vi,
The fourth preference petitions which are the petitions filed by US citizens on behalf of their brothers and sisters have priority dates that had advanced significantly in the last few months. There is a big jump of three years from 1988 to 1991 this year. This means that many beneficiaries of this fourth preference petitions by US citizens are now ready to process for their visas if their priority dates are earlier than April 1, 1991 which is the priority date for the month of November 2010.
Regarding your sister who is now an Australian citizen, she can process for her visa at the US Embassy in Australia where she is a citizen and a resident. Her Australian citizenship will not be revoked just because she is applying for a US permanent resident visa based on your petition. During the visa process, she may notify the National Visa Center that she is a resident of Australia and that her marital status had changed. If her children are less than 21 years old, they may join her in applying for the visa. After going through the process of obtaining her visa, she needs to come to the US and the green card will be mailed to her. As soon as she has her green card, she can weigh on whether she desires to work and live in the US as opposed to living and working in Australia. Should she decide to return to Australia temporarily, she may want to consider obtaining a re-entry permit from the USCIS in order that her immigrant visa will not be considered abandoned.
Regarding your brother Jerry, he may marry his girlfriend and notify the National Visa Center of this marriage. Once married, Jerry is entitled to have his spouse go with him to the US based on your fourth preference petition. Unlike other visa categories, the petitioned siblings are not prevented from marrying to receive their visas. The fact that he overstayed in Australia is a violation of Australian immigration law not US laws. Hence, this will not have an adverse effect on his application for US immigrant visa unless he has a criminal case.
I hope that this information is helpful.
Atty. Lou
(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com)
