Skip to main content
Sarah E. Blackwell

Sarah Blackwell’s Answers

291 total


  • Do I need an attorney for whole NVC or Just Affidavit of support packet ?

    I have completed ds261 (agent form) and paid AOS fee. Now I am in process of preparing Affidavit of support packet. My spouse(petitioner) don't have enough income so my uncle is going to co-sponsor with my spouse. In preparing just affidavit of su...

    Sarah’s Answer

    This is a personal financial decision, not an immigration law question. Hiring an attorney will ensure everything is properly filed with the NVC without delays caused by requests for additional evidence. If you value the NVC process being completed as quickly as possible, you will hire the attorney for the whole NVC process.

    See question 
  • L have b1/b2 visa how can extention the period more than 6month

    lhave 1 son and 1 daughter have citizens

    Sarah’s Answer

    When you enter the country on a B1/B2 visa, the border officer can give you a stay for up to 6 months. If you want to stay longer than what the border officer gave you, then close to the expiration date of your stay, you can request an extension by filing Form I-539. The I-539 is filed with USCIS.

    Even if USCIS gives you extra time, you will not be given more than a year from the time you entered. For example, if the border officer gave you 6 months, then USCIS will not give you more than an extra 6 months. After a year has lapsed since your entry, the US government expects you to leave the country.

    As you have a son and a daughter who are US citizens, you may want to consult with an immigration attorney about how they can sponsor you for a green card.

    See question 
  • Hello, Am a permanent resident (green card holder) and just married to an f1 student.Can I get her a work permit

    Hello, Am a permanent resident (green card holder) and just married to an f1 student.Can I get her a work permit ?or can I only go through a status change? Looking forward to reading back from you. Best regards ...

    Sarah’s Answer

    As an F1 student, your wife already has work authorization for on-campus jobs.

    See question 
  • What is the faster way to get my sister in USA

    My sis is 24 years old and is married and has a 5 months old daughter. I am a us citizen and have have sponsored my mom for green card visa and it almost close to the interview date now. My question is, what is the faster way to bring my sister he...

    Sarah’s Answer

    • Selected as best answer

    After your mother becomes a resident, she will not be able to sponsor your sister because your sister is married. A lawful permanent resident cannot sponsor a married adult daughter.. Once your mother is a U.S. citizen, then she can sponsor your sister even if your sister is married. Your mother would be eligible to naturalize in 5 years. Whether she succeeds will depend a lot upon her fluency in English. If knows little or no English at this point, she may struggle to gain sufficient fluency.

    In the meantime, you are a U.S. so can sponsor your sister now. Her child and her husband will be automatically included.

    The problem with either route is the long waiting list. Your sister will not emigrate quickly based on family sponsorship. Expect at least 10 years.

    See question 
  • I -130 Approval

    My dad's I 130 was approved last week, he entered USA in 1990 ( on a tourist visa) and overstayed for 2 years and left the country (USA) in year 1992 ( He Never came back to USA since) it has been over 20 years since he left USA. My question is, d...

    Sarah’s Answer

    There will be no problem at interview. He just needs to remember to disclose the stay on the DS-260 form and at interview if asked.

    As mentioned, at the time he overstayed his tourist visa, there was no penalty attached for living unlawfully in the U.S. for more than a year. If he had overstayed after 9/30/1997, he would not have been allowed to emigrate for 10 years.

    In your father's case, even if the law had existed in 1992, he has not been to the U.S. for more than 20 years, so he is well-past the 10 year penalty period.

    See question 
  • US Permanent Resident Parents and UK Citizen New Born - Travel

    Me and my wife are US Legal Permanent Residents ( Green Card Holders) . Our new born baby is UK Citizen as he was born in London 2 months back. I wanted to know if we can travel to US and stay together. If so, how long we can stay in US toge...

    Sarah’s Answer

    Because you and your wife are both lawful permanent residents, your child will automatically be a lawful permanent resident without filing any I-130 petition as long as you do the following: the child MUST accompany you on YOUR first trip back to the U.S. after the child's birth. You cannot secure automatic LPR status for your child if you travel back to the U.S. without the child with intent to bring the child on your second trip after his birth. It must be your first trip to the US after his birth.

    You also must make certain the border officer who inspects you (and your child) knows your child is entitled to automatic LPR status and initiates the required paperwork to trigger production of the child's green card. If you have any doubt about whether the officer knows what s/he is doing, request a supervisor. I once had a client whose life got thoroughly disrupted because the border officer did not do what he was supposed to do and the parents had no idea the border didn't know what to do because they didn't know what to do either.

    See question 
  • What adversely or positively affects spousal I-130 processing times? Is it just luck of the draw?

    My Canadian spouse and I were married 5/15/15. I want to submit my I-130 ASAP. 1) We were married in Ontario which states marriage certificates take up to 12 weeks to receive. Is it wise to submit the Record of Solemnization and other proof o...

    Sarah’s Answer

    Submitting applications that don't have all the required evidence adversely affects I-130 processing times because USCIS does no work on an application while an RFE is pending.

    You also should be aware that RFEs have deadlines. Usually USCIS gives 87 days to provide missing evidence. If you miss the deadline, your application gets denied and you've just wasted filing fees.

    You are better off waiting until you have the marriage certificate.

    If he overstayed a visitor visa by 4 months his chances of being admitted on a visitor visa while the I-130 petition is pending are probably reduced.

    See question 
  • Can my US citizen baby re-enter U.S with their grand parents, if the grand parents have VISA?

    The grand parents have VISA I am studying in U.S/. with F1 visa and my baby is US citizen by born

    Sarah’s Answer

    The only information to add is your parents will need written permission from you and the baby's father to escort the baby. Without that written permission, they be given a difficult time at the airport. The written permission is to protect your parents from false allegations of international child abduction.

    See question 
  • Hi there: My I-130 F4 for my sister has been approved in April 2015. How long does it take for having visa interview ?

    the priority date is June 2011. After receiving the approval letterin April 2015 , still I have not received the NVC number.

    Sarah’s Answer

    • Selected as best answer

    You need to regularly check the U.S. Department of State Visa Bulletin. The Bulletin is published every month.

    The NVC won't communicate until she is much closer to the priority date, that is why you do not yet have an NVC number.

    The F4 class is very backlogged. Depending on your sister's nationality, the government is dealing with F4 petitions filed between 8 November 1991 and 8 September 2002. In other words, your sister is in for a very long wait given her priority date is 2011.

    You can get a rough idea of the waiting time by comparing priority dates between 2 Visa Bulletins. I choose the current Visa Bulletin and then a Visa Bulletin from 2 years earlier. That lets me see how far the waiting list has moved in 2 years and gives me some basis for projecting how much longer until the desired priority date. I don't use a time frame less than 2 years because sometimes the list jumps forward by a large amount only to later retrogress by a large amount, so using a shorter time frame gives less reliable results.

    It's very difficult to predict exactly how long it will be until interview.

    See question 
  • Affidavit of support

    I'm a USC through naturalization. I want to sponsor my parents for Green Card. I'm married and have 2 kids. we have been in USA since 2005 , and I have not been employed until December 2014 ( I first stated work on the 10th December 2014) I filed...

    Sarah’s Answer

    As long as your current income combined with your husband's current income meets the income requirements you are fine. Because you did not earn income last year, you must use Form I-864, not I-864EZ. If you have to combine your income with your husband's income to qualify, then you must use both the I-864 AND the I-864A.

    See question