Attorney Gail S. Seeram, [email protected]Through this “Question & Answer” column, our goal is to answer your immigration questions. We appreciate your comments and questions. If you have a question that you would like answered in this column, please email: [email protected]Question #1: I tried to enter USA with a fake USA passport 23 years ago. I was caught and was sent back to Guyana. Soon after I decided to come to UK. I am a law abiding UK citizen with a British passport. I applied to visit my parents who are US citizens and was denied a visitor visa due to my violation. How can you help?Answer #1: In general, United Kingdom (UK) citizens are eligible for a visa waiver so not required to apply for visa, just register using the Electronic System for Travel Authorization (ESTA) program and automatically get to visit and stay in U.S. for 90 days. So, your ESTA application was probably denied. You may seek an INA 212(d) (3) waiver from the U.S. Embassy and show your parents in U.S., reason for travel to U.S. and your strong ties to the U.K.Question #2: I tried to enter the United States illegally six years ago. I was caught up in Aruba. I was using a US citizen’s passport that was reported as stolen. They took my photos and my biographic data and I was sent back to Guyana. I was not formally charged with anything by the US government. Recently I tried to obtain a visa legally and was denied. My question is will I ever be allowed to enter the US?Answer #2: The U.S. Immigration system probably has you noted as making a false claim to U.S. citizenship since you used a stolen U.S. passport to try to enter the U.S. Most likely, you will not be allowed to enter the U.S. since you do not qualify for a waiver for a false claim to U.S. citizenship. A waiver does exist for false claim to U.S. citizenship but you do not qualify for the waiver.Question #3: My husband is a permanent resident in the USA. He filed for me and my children in June 2011. We received the DS-3032 paper. How much longer do we have to wait to get the other papers? How much longer do we have to wait to get the interview paper?Answer #3: Once your husband submits the DS-3032 (now required to be submitted on-line as DS-261) along with DS-260 on-line (formerly Form DS-230) and the affidavit of support, then you should have an interview at any time.Question #4: My father’s brother who is a citizen put in for us in Nov 2002. How much longer do we have to wait to come to the US? However me and brother will be over age, but we came 7 years ago to the US with a visitor visa and stayed. We went to school and college. Will that affect my parents when they go to get the visa to come?Answer #4: Your overstay will not affect your parents petition. Currently, for sibling petitions,Barry Larkin Jersey, visas available for petitions filed on or before August 2001. So, your parents have about a one-year wait. Unfortunately, since you and your brother over stayed in U.S. and are over age 21, you both will not be eligible to gain legal status through your parents’ petitions.
