“An applicant for naturalization under INA 316 departs the United States on January 1, 2010, and returns January 2, 2011. The USCIS provides the following example for your situation: It appears you could apply after 4 years and one day after returning, or easier, 4 years and 6 months after returning. An absence from the United States for a continuous period of 1 year or more (365 days or more) will automatically break the continuity of residence. It appears that the continuity of your stay required for naturalization has been broken by an absence of one year. You will have to apply for her tourist visa again.
The consulates usually issue a B-1/B-2 visa or a B-1 visa for medical issues and attending family members. I am not sure what type of visa your daughter has, but your choice appears to be the same as for any other foreign national, a B visa. Also, the US consulates have started waiving some nonimmigrant visa interviews, which should streamline their operations for green cards as well. But consulates have indicated that give preference to families of immediate relatives, like parents, of US citizens. So, when your wife obtains an H-1B status, or you can qualify for an L-1 visa, you should not have the section 214(b) denials impede your visa.īecause of the resurgence of the pandemic and a huge backlog of cases, it is unlikely we will see an immediate resolution of the delays. Note that visas like H-1, H-4 (if your spouse gets an H-1), and L-1 are immune from this problem. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. When your spouse is already in the US, your ties to your home country are difficult to demonstrate. Such ties are seen as a reason you will not be tempted to exceed your allowed stay in the USA. If you are refused a visa under section 214(b), it means that you did not overcome the presumption of immigrant intent required by law by sufficiently demonstrating that you have strong ties to your home country. This law applies only to nonimmigrant visa categories. You seem to be referring to a visa denial under Immigration and Nationality Act, section 214(b). * Please note that the queries have been put together and edited by the Economic Times to address similar questions at once and that the answers are clear and relevant to the audience. Am I eligible for naturalization? I came to the USA in August 2016. I stayed outside of the US for more than two years because of COVID-19. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?ĥ. Her last US tourist visa expired eight years ago. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration.
How can I get a visa now to be with her in the US?Ĥ. As a father, I want to be there during her medical urgency. My daughter is in Dallas, US, and under medical treatment. Do you have any information on how we get the date or how much time it will take?ģ. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. My brother is a US citizen, and he applied for our mother's green card. I'm an Indian taxpayer and an IT employee.Ģ. I also tried to travel on a tourist visa and F1 Visa. Kindly suggest to me the way forward to meet my son and wife. Due to the Covid19 pandemic, I couldn't meet my son for two years. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT.
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