US Visa: NRI Helpdesk: Can you expedite your US visa processing? – The Economic Times

Clipped from: https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-can-you-expedite-your-us-visa-processing/articleshow/91709308.cms

Synopsis

For our NRI readers, we have started an immigration helpdesk. Write to us at nri.economictimes@gmail.com and our team of experts will address the most pressing issues.

With immigration rules constantly changing, it is difficult to keep up to date with it all.

For our NRI readers, we have started an immigration helpdesk. Write to us at nri.economictimes@gmail.com and our team of experts will address the most pressing issues.

*Please note that questions have been edited and/or clubbed so that we can address similar queries at once and that the answers are clear and relevant to our audience.

I filed Form N-400 to naturalize as a U.S. Citizen but it was denied as I had been outside the U.S. for more than a year due to COVID-19. Is there a way I can appeal this denial. Also, I have a green card that is valid for 11 months can I return to the U.S. and continue residing there?
One of the mandatory criteria to naturalize as a citizen in the U.S. is continuous residence and physical presence in the United States. Extended absences would break the continuity. After an extended absence, the clock is reset, and one would need to be physically present in the U.S. for at least half of the next five years before one is eligible to naturalize.

If a green card holder stayed outside of the United States for 1 year or more and had not applied for a re-entry permit before leaving the country, it is assumed that he/she has abandoned his/her permanent resident status. In certain circumstances that, among other things, are beyond the control of the green card holder it might be possible to procure a returning resident visa from the U.S. Consulate.

I hold an Indian passport and have been in India since 2015. Now I intend to go back to the U.S. to be with my family (wife and two daughters – who are all American citizens). How can I achieve this?
In these circumstances, you could procure a tourist visa to visit the family for brief periods of time. However, if you wish to reside with them one of the qualifying family members would need to file a petition to sponsor your green card. A green card or lawful permanent resident status allows you to live in the U.S.

I’m an H-1B worker and my wife is on H4. We have a young daughter who is a U.S. citizen and is due for her MMR (Measles, Mumps, Rubella) vaccines. We are currently in India and need to return to the U.S. to take care of this. Does this qualify for an emergency dropbox (we are eligible) appointment?
Expedite requests for business, education/exchange (F, M, J visas), medical emergency are considered on a case-by-case basis. In our experience unless there is a serious medical emergency the Consulate will not grant an expedite request for non-urgent medical procedures. Also, MMR vaccines are available in India and that could work against your request for an expedite.

I’m currently on dependent Visa in the U.S. And I’m planning to make a trip to Pune in the summer. Is there a way to book an appointment before I leave for my trip?
You can book your visa appointment before you arrive in India. You also may qualify for an interview waiver (aka dropbox) appointment. Please note that currently you may book a drop box appointment for any consular post in India and you may submit your “dropbox” documents at any visa application center.

My daughter’s H-4 visa has been pending since February 18, 2022 and is under administrative processing under 221(g). Is there any way to expedite the visa processing?
When a case is pending under 221(g) you may write to the Consulate to inquire about the status. With regard to expediting the application – one cannot request an expedite for a 221(g), but if you have an appointment to address the 221(g) issue or attend an interview you may follow the instructions to book emergency appointments on the Consulate’s website if you qualify for one.

My visa application is pending with a 221(g). My OPT EAD expires On July 1, 2022 and the first appointment for the 221(g) interview I could book July 15, 2022. Is there a way to expedite this?
When a case is pending under 221(g) you may write to the Consulate to inquire about the status. With regard to expediting the application – one cannot request an expedite for a 221(g), but if you have an appointment to address the 221(g) issue or attend an interview you may follow the instructions to book emergency appointments on the Consulate’s website if you qualify for one.

I am an Indian citizen and an electrical engineer. I have a daughter who is a U.S. citizen. She was born in the U.S. because I am working there for a temporary period. My aim has always been to eventually live in India and contribute to the infrastructure and growth of the country. However, my daughter is ineligible for an OCI card as my mother who is now an Indian citizen was a Pakistani national in the past. Can she get a visa to live with me in India?
A minor child in such circumstances could apply for an ‘X’ visa that is granted to dependents of Indian nationals among others. An ‘X’ visa allows dependents to stay in India with the parent. The visa paperwork must include (among other things) proof of renunciation of Pakistani nationality and the process may be onerous and long. In addition, it might be worth considering judicial intervention in such a case. It is important to consult a qualified lawyer for further analysis to determine the best way forward.

Before moving to the U.S. to work on an H-1B visa I worked in a senior managerial position for a company in India. My immediate title in the U.S. was System Architect and now I am a Tech Manager. Will my title of System Architect impact a potential change of status to an EB-1(c) visa?
In order to qualify for an EB-1(c) Multinational Manager, it is critical that you handled managerial duties while you were working for a foreign entity (e.g. at the India office) and will handle managerial duties when in EB-1(c) status in the U.S. This has to be within a qualifying period and you should consult an attorney for further information on this and other matters related to the EB-1(c) category and a potential change of status. Also, the job duties rather than the title are important to determine eligibility for an EB-1(c). We have seen that individuals who qualify for an L-1A generally are eligible for an EB-1(c) and companies frequently file an L-1A before filing an EB-1(c).

I am a doctor from India, who has been granted an ‘observership’ in the U.S. I am unable to find a B-1 visa appointment and because I have never held a U.S. visa I do not qualify for a “dropbox” application. Would I qualify for an emergency visa appointment?
According to the information published on the U.S. Embassy, New Delhi’s website expedite requests for business, education/exchange (F, M, J visas), medical emergency are considered on a case-by-case basis. In our experience seeking a visa for the activities you describe are not likely to qualify. In any event, to request an expedite appointment you first need to have a regular visa interview appointment.

I am 80 years old and my current B-1/B-2 visa expires in September 2022. When can I apply for a new visa? Must I submit affidavits of support my daughters who are U.S. citizens?
You may apply for a new visa within six months prior to the date on which the visa expires. A visa applicant may need an affidavit of support if he/she is unable to meet the travel expenses for a visit to the U.S. However, if possible, it is best to establish that the visa applicant is financially secure and will be in a position to bear the travel and related expenses.

I am visiting the U.S. in May 22 and returning mid-July 2022. I may extend my stay in the U.S. My B-2 visa expires on October 9, 2022. Must I renew my visa before traveling to the U.S.?
One is allowed to seek admission into the country as long as the visa is valid. Hence, to travel in May 2022 you do not need a new visa. The duration of your stay in the U.S. is determined at the port of entry when you arrive in the country. The stay may be granted for a period that is beyond the validity of the visa. It is important to file an extension application if one wishes to stay beyond the granted period or one must leave the country before the granted period expires. To check how long one can stay in the U.S. please check your I-94 record.

poorvi

Poorvi Chothani, Managing partner, LawQuest

The authors’ views do not necessarily represent the views of ET Online nor do they constitute legal advice or representation. Practice tips provided in the written materials are based on the author’s experiences and the current state of the law and regulations. Please be sure to conduct legal research and analysis, or engage independent counsel for your unique situation as the law and requirements change quickly and the author’s experiences may differ from your own.

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