Q1. I am running small business in Mumbai. My annual turnover runs into 4 Cr. And I employ 10 people in my company. I want to expand my business in USA. Would it be possible for me to establish a business in USA. On which visa I can travel to USA and start my business in USA?          -- Anil Chabaria, Chandigadh.

Ans You may establish a wholly owned subsidiary of your Mumbai business in USA. The US Company then would be in a position to sponsor you to work with it on an Intra Company Transferee L-1 visa. Consult an Advocate well versed in USA Immigration Laws.

Q2. In May 2008 I married a USA student visa holder. I want to travel to USA and be with my husband. My Visa was rejected once before my marriage. Would it create difficulty for me to obtain F-2 visa?    -- Rakhi Sampat, Banglore.

Ans Your earlier denial will certainly raise a question in the mind of the Consular Officer as to for what purpose you intended to travel and why your visa was denied. However if you would be in a position to satisfy the Officer that your marriage is bonafide and your husband is in valid F-1 status in USA, having no intention of permanently residing there and capable enough to provide you lodging and boarding, then you may receive the dependent F-2 visa. You also will have to show your non immigrant intention.

Q3. Last year my student visas were denied twice. I am planning to apply again this year . What preparations should I make this time so that my application is not rejected?                                                                         – Yash Patel, Ahmedabad.

Ans. An applicant of a student visa is required to satisfy the Consular Officer that he is a bonafide student and has no intention of permanently residing in US. He should also prove his financial capability and strong family and financial ties in his home country. This year when you would go for your interview, the officer is likely to ask you why your visa were denied earlier  and what is new on this occasion ? prepare yourself to provide satisfactory answers to these questions.

Q4. My father had filled green card petition for me and my wife and my children. Last year he died due to heart stroke. What will happen to my green card petition?                                                                               – Rahil Savla, Mumbai.

Ans If you have any other near relative such as your mother or brother  or sister in USA who is either a citizen or a green card holder they can in certain circumstances apply for substitution. If such an application is allowed, then you may be eligible to receive the benefit under the petition filed by your late father.

Q5. Where one should file Naturalization application to become an American citizen?                                                                         ---Mohammed Ali Patel, Kanpur

Ans. Form N-400, Application for Naturalization, has to be filed with the Service Center having jurisdiction over the place of residence of the Applicant. However, U.S. Citizenship and Immigration Services has now centralized initial processing of all applications for naturalization at its National Benefits Center in Missouri.  This is with a view to increase the efficiency of Case Management and improve Customer services.

Q6)   Is it true that in Iowa hundred’s of illegal immigrants were recently arrested and sent to prison?                                          --Gaurang Mehta, Mumbai

Ans. Yes. Last month in a largest raid ever at a Meat packaging Plant in Iowa,illegal immigrants were arrested and sent to prison. They had complained that they were treated as criminals.  However the company who had hired them and exploiting them has faced no charges. Lately US Govt. has become extremely sensitive concerning illegal immigrants in America.

Q7. I am US citizen. Few years ago my mother had visited me on a tourist visa. She was granted 6 month’ time to stay in USA but she stayed for about 8 month’s.  Now the petition filed by me for her Green Card has become current. When she applied for the immigrant visa, the Consular officer asked her to bring documents to show that she had applied for extension of her stay and the same was granted.  As she had not applied for any such extension. She does not have any paper in that behalf. In these circumstances, what should she do?                                                                                                               -- A Reader

Ans. Although 3 – 10 Year Bar is not applicable in your mothers case as she has overstayed even for two months it will necessary for her to explain as to why in the first instance she was required to stay for 6 months and in the second instance why she overstayed for 2 more months. She will have to seek a waiver by giving proper explanation for her overstay.

Q8. Do all J-1 visas have the condition of returning to home country for 2 years?                                                                    ---   Dr. Ashish Banerjee, Kolkatta

Ans. No. All J-1 visas do not have 2 year’s Home Residency Requirement.  Even those who have such requirement can obtain a Waiver from the same.

Email: sudhir.shah@airtelbroadband.in