10 questions, 10 short answers

This week, let us try to give short answers to most commonly asked questions:

Q1: I am a greencard holder and my application for naturalization is still pending. I just gave birth and I need my mother to help me take care of my newborn. Can I file a petition for her?

A1: No. A greencard holder cannot file a petition for a parent. There is no visa category for such. Wait until you become a US citizen.

Q2: I have an American boyfriend. He wants me to visit the US. Can I apply for a tourist visa then get married in the US?

A2: No. If your intention is to get married in the US after arriving on a tourist visa, you can be interpreted as having committed visa fraud and misrepresentation. You have to take the appropriate visa, in this case a fiancée visa.

Q3: I arrived in the US on a fiancée visa but my boyfriend and I broke up a month after I stayed with him. I met a new guy and we decided to get married so that I can file for a greencard. Can I do that?

A3: No. if you arrived in the US under a fiancée visa, you have to get married to your fiancée petitioner. If this doesn’t happen, you have to leave the US.

Q4: I have a few medical conditions such as diabetes, hypertension, and cataracts. Can I be approved for an immigrant visa?

A4: Yes, these medical conditions are not communicable.

Q5: I am a US citizen petitioning my parents. Our youngest sibling is 18 years old. Can he be included in my petition?

A5: No, in immediate relative petitions such as this case, minor children of a beneficiary are not included as derivative beneficiaries. The parent, once becoming a US permanent resident can then file a petition for his minor child.

Q6: I am a single woman and have desired to have children of my own. I took care of the two-year-old daughter of my cousin who died in a car accident. There was no formal adoption but the child has been using my last name and have been identified as my own daughter in her school and other records. I was hired to work as a nurse in the US. Can I bring my “daughter” to the US?

A6: No, the child is not your biological nor adopted child. There are special rules for adopted children but you have to go to Intercountry Adoption Board for specific guidance.

Q7: I was married several years ago but my wife and I separated. We didn’t file for annulment as the costs are very prohibitive. I don’t even know where she is now or if she is still alive. When I apply for a tourist visa, can I declare myself as single? I heard that if you have long been separated and that you don’t know your spouse’s whereabouts, you can declare yourself as unmarried.

A7: No, under Philippine law, you are still married regardless how many years you have been separated and whether you know her whereabouts or not. There must be a court order declaring your marriage as void, annulled, or legally separated. You cannot declare yourself as single on your own accord.

Q8: I have a tourist visa and planning to go to the US this year. I have family and friends in Canada. Can I go and visit them when I’m in the US?

A8: Yes, as long as the period that you are away from the US does not exceed 30 days. You can still come back to the US without getting a new visa. However, you may want to check with Canada regarding their own visa rules.

Q9: I am a greencard holder but have been away from the US for more than one year because I had to take care of my sick father in the Philippines. He has since died and now I would like to come back to the US. What shall I do?

A9: You may qualify for a returning resident visa if your circumstances qualify.

Q10: I have been faithfully reading your immigration column every Sunday, can I apply what I read here if I have the same problem?

A10: No, you have to consult an experienced immigration attorney. The cases and stories presented in this column are not meant as a legal advice and should not be taken as such.