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YOUR QUESTIONS ANSWERED
By K.S. Rai

Dear Mr. Rai:

In 1996 I filed a petition for my unmarried daughter as a Green Card holder. The petition has been approved and the current priority date is July 1992. I will become a Naturalized Citizen soon. Should I file a new petition after becoming a Naturalized Citizen? What are the implications if my daughter gets married and how long it will take to get a visa as a married daughter of a Naturalized Citizen?

An IndZine Reader, Hayward, CA

Dear Mr. IndZine Reader:

Currently your daughter is the beneficiary of an approved petition under the Second Preference (2A) category. After becoming a Naturalized Citizen there is no need to file another petition. The category of the same petition can be changed from Second Preference to First Preference. Under the First Preference the visa numbers are available for the petitions filed on or after February 15, 1998.

If your daughter gets married before you became a Naturalized Citizen, then the petition filed for her as an unmarried daughter is automatically revoked. After becoming a Naturalized Citizen you have to file a new petition under the Third Preference Category. Under this category the current cut off date is August 1, 1995.

I will suggest that your daughter should get married after you become a Naturalized Citizen. In doing so there is no need to file another petition and she will get the benefit of the old petition filed under the Second Preference Category. Your daughter and her husband can get the visas at the same time under the Third Preference Category.

Dear Mr. Rai:

I am an American Citizen and I have filed a petition for my married sister. The petition has been returned to me by INS for additional documents to prove brother/sister relationship. What kind of documents I can submit to prove the relationship?

Gurdev Singh, San Jose, CA

Dear Mr. Singh:

You have not mentioned what kind of documents you have submitted with your petition. However, you may submit the following documents to prove brother/sister relationship.

Birth Certificates showing parents names issued by the office of the Local Registrar of Births and Deaths.

If birth was not registered then a Not Found Certificate from the office of the Local Registrar of Births and Deaths. Along with Not Found Certificate provide Birth Affidavits from two individuals who have the personal knowledge of birth. Each affidavit should contain the information regarding person making the affidavit; his or her full name, address, date and place of birth, and his her relationship to you, if any and how he or she acquired knowledge of your birth.

School Certificate, Marriage Certificate, Family photographs or any other document you may have to prove the relationship.

June 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 June 1999.