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Am a eligible for a U.S. green card once my U.S. citizen sister or son petitions for me?

New York, NY |

I have had immigration viz a viz U.S visa issues in my home country. I have been placed on a visa ban - I believe under refusal category 6E based on false allegations. I have fought these allegations from day one and have proof of all the correspondences. I have since been unable to acquire a visitor's visa.

Attorney Answers 3


  1. Best answer

    It is difficult to say for sure. One thing you can try to do in the meantime is a FOIA request to the State Department to see if you can find out the exact reason for the refusal. If they do charge you with fraud later down the road, you will need a waiver and a qualifying relative (U.S. citizen or LPR parent or spouse), which you don't appear to have at this time. Talk to an immigration lawyer now who can look at your case in more detail and give you a better idea of your options.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.


  2. You need to provide more detailed information. Misstating the facts on an application is a violation if law and can affect your ability to get a visa. Do consult with an experienced immigration lawyer with knowledge if US immigration law.


  3. It depends on what the laws are when your priority date finally becomes current. No one can predict what the laws will be 10 + years from now.

    The movement of priority dates cannot be predicted.

    For the latest visa bulletin see http://www.engnishimura.com/priority-dates/current

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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