Don't delay entering the US with your immigrant visa

Dear Attorney Gurfinkel:

I was petitioned by my US citizen father, and after waiting for over 15 years, I was finally interviewed and just received my immigrant visa, which was delivered to me by the Embassy’s courier.

I see that the immigrant visa is valid for several months. Would there be a problem if I remain in the Philippines for a few more months, to wind up my affairs, before I finally go the US?

 Very truly yours,

TC

Dear SC:

I always advise people that whenever a visa has been issued, you should not delay, and you should get to the US as soon as possible. The reason is that you never know if circumstances or the law may change, affecting the validity of your immigrant visa. For example, even if a beneficiary is issued an immigrant visa, if the petitioner dies before the beneficiary enters the US, then the visa is considered automatically void. (Although “humanitarian revalidation” may be available in such circumstances, it is very difficult to obtain and may not be granted.)

I had a case where a child was refused an immigrant visa about five years ago because he had aged out. The family recently retained my office, and we were able to convince the US Embassy that their son benefited from the Child Status Protection Act (CSPA). The son was called back for an interview, and was issued his immigrant visa. After waiting all that time, the son stated that he wanted to put off coming to America until the end of the year. I strongly advised the mother to get him to the US as soon as possible, and if he wanted to finish up matters in the Philippines, he could always go right back, with his green card in hand. Right now, there are new State Department and USCIS memos, cables, and possible regulations in circulation concerning the CSPA. New court decisions are also being published. What if new policy interpretations result in him no longer being eligible for his immigrant visa? Then all that time and effort were wasted.

I also remember that in the late ’90s, Congress changed the law for nurses with respect to Visa Screen. Many nurses had already been issued their immigrant visas in Manila, but some nurses decided to delay their entry into the US. In the meantime, the law changed, and the Embassy sent telegrams to the nurses, instructing them to return to the Embassy with their immigrant visas (as well as notifying the Aquino Airport authorities that those nurses should not board their flights). Well, the nurses who went right away to the US, were able to get in before the law changed. However, those who decided to wait could no longer use that immigrant visa, and had to wait over two years before new regulations came out, and they had to take new tests and obtain a new visa screen.

My point is that you should not delay coming to the US because you never know if the laws or circumstances will change before you enter. You should come to the US, obtain your green card, and you can literally go right back to the Philippines (as a green card holder) and finish up your affairs. If you expect to be out of the US for a long time (such as to finish studies), you can come to America, get your green card, and apply for a re-entry permit, which would allow you to stay outside the US for almost two years at a time. At least you have your green card, and don’t have to worry that laws and circumstances could change, which would possibly void your visa.

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