DEAR Attorney Gurfinkel:
I was petitioned by my US citizen father, and after waiting for over 15 years, I was finally interviewed and just received my immigrant visa, which was delivered by the Embassy’s courier.
The immigrant visa is valid for several months. Would there be a problem if I remain in the Philippines for a few more months, to wind up my affairs, before I finally go the US?
Very truly yours,
S.C.
Dear S.C.:
If a person has been issued an immigrant visa, they should depart for the US as soon as possible. You never know if circumstances or the law may change, affecting the validity of your immigrant visa. Even if a beneficiary is issued an immigrant visa, if the petitioner dies before the beneficiary enters the US, then the visa is considered automatically void. (Although “humanitarian revalidation” may be available in such circumstances, it is very difficult and time consuming to obtain and may not be granted.)
What if new laws, cases, or policy interpretations result in a person no longer becoming eligible for his immigrant visa? Then all that time and effort were wasted.
My point is you should not delay coming to the US because you never know if the laws or circumstances will change before you enter. You should come to the US, obtain your green card, and you can literally go right back to the Philippines (as a green card holder) and finish up your affairs. If you expect to be out of the US for a long time (such as to finish studies), you can come to America, get your green card, and apply for a re-entry permit, which would allow you to stay outside the US for almost 2 years at a time. At least you have your green card, and don’t have to worry that laws and circumstances could change, which might void your visa.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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