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April, 1999
Volume 5, Number 4

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IMMIGRATION

Dear Mr. Rai:
I have a question regarding Immigrant Visa Postponement. The priority date of my brother, who is in India, for the immigrant visa under the Family Preference 3rd Category has become current and he has been asked to come for the interview. But he does not want to immigrate now, and would like to wait for 10Ð12 years before applying for the immigrant visa. I would like to know how long could he postpone applying for the immigrant visa?
An IndZine Reader (Santa Clara, CA)

Dear Mr. Reader:
Before scheduling an immigrant visa interview you brother will get a Packet 3 from the American Consulate or Embassy listing the documents required to qualify for immigrant visa. In Packet 3 there is an Optional Form 169, Instructions For Immigrant Visa Applicants. After obtaining all the required documents like, Passport, Birth Certificate, Police Certificate (if required), Military, Prison Records (if applicable), Marriage Certificate and Evidence of support from Petitioner, etc. After obtaining all the required documents if your brother signs and return the Optional Form 169 to Embassy or Consulate then his name will be in the list of applicants eligible for a visa interview. Your brother can delay interview by not submitting the Optional Form 169. Your brother must acknowledge receipt of Packet 3 and inform Embassy that he is not ready yet to immigrate to the United States. Since your brother has been asked to come for the Immigrant visa interview, I would suggest that your brother should notify Consular Office that he is not ready to immigrate at this time and will ask for the interview at late date. Also he should contact the Embassy to keep his case active for a longer period.


Dear Mr. Rai:
I sponsored my mother for a visitor visa to help me in the United States to take care of my two minor children for few months. She has been denied visa under Section 214(b) of the Immigration Act. I have a house and adequate income to support my mother during her stay in the United States. I would like to know how my mother could get a visitor visa?
An IndZine Reader (Hayward, CA)


Dear IndZiner Reader:
Your mother has been denied a visa under Section 214(b), which prohibits the issuance of a temporary visa to anyone who is presumed to be an immigrant. The visitor visa is like a tourist visa to visit friends and relatives and tour the country to visit tourist places and not to baby sit for children. To qualify for a visitor visa one has to show strong social and financial ties in their own country, which will compel her to return to India. You mother can re-apply again with additional documents to prove that she has compelling reasons to come back to her own country and she has no intention to stay permanently in the United States.


Dear Mr. Rai:
Can an American Citizen living abroad start a small business in the United States? Can he register a company in his name? Is there any age restriction to start a business in the U.S.A.?
An Indzine Reader (Sunnyvale, CA)


Dear IndZine Reader:
I suggest you contact your City Office or Commercial Section at the U.S. Consulate abroad to start a business in the United States.


April 1999 Visa Availability for India Born

The bulletin issued by the Visa Office of the Bureau of Consular Affairs of the U.S. Department of States gives the following availability position for the issuance of immigrant visa during the month of April 1999.

PREFERENCE CATEGORY DATES
1st Unmarried Sons and Daughters of U.S. Citizens Nov 15, 1997
2nd 2-A: Spouses & Children (<21) of Green Card Holders
2-B: Unmarried Sons & Daughters (> 21)of Green Card Holders
Sep22, 1994

May 22, 1992
3rd Married Sons and Daughters of U.S. Citizens Jul 15, 1995
4th Brothers and Sisters of Adult U.S. Citizens Jul 1, 1986

The author Mr. Kirpal Rai is a former visa specialist, Department of State. Readers can write their questions on immigration matters to K.S. Rai at IndZine.


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