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August 16, 2004 Exiting the U.S. I hope i was able to get the essence of the question accross in the most clarified manner. Your reply is appreciated in advance. K. To paraphrase your question in English for readers who do not speak Farsi, you are asking about the consequences of exiting the U.S. for someone whose student visa has expired and who has stayed beyond the date of expiry of the visa. You also ask if there would be consequences for obtaining a transit visa for the countries that person may have to pass through in order to return to their own country of nationality. Taking one issue at a time, there are many adverse legal consequences for someone who has overstayed their nonimmigrant visas (student visa is also considered as nonimmigrant visa) especially if they decide to return to the United States in the future. Since the implementation of the special registration program for nationals of certain countries like Iran who are in nonimmigrant visa status in the United States, there is a requirement to check in with the immigration authorities upon entry and exit to the United States as well as during your stay. Should the immigration authorities at the border find out there was an overstay in the past, they may refuse you entry and put you in temporary detention until they can arrange for a carrier to take you back to your port of departure. Then, you may be barred for many years from applying for another visa to the United States. There are other adverse legal consequences to being an overstay even if you decide not to depart the United States, some of which should be discussed with an attorney in a more detailed and personalized consultation. As for the requirements of transit visas, this will depend on the specific country that you are going to be passing through. Each country will have a different requirement and you should check with their local embassies, consular sections in the United States before obtaining your airline ticket. U.S. immigration like Canada? Is it like that here in U.S to become an immigrant just because
you're rich and educated? Or you either must have a work visa, student
visa or refugee and then apply for Green Card?
I am not familiar with the Canadian immigration system so I have a little difficulty understanding what you mean by “rich and educated” as it pertains to the immigration process. Wealth and education by themselves do not automatically make one eligible for immigrant visa to the United States. I would need more information. For example what category you are applying under, family, employment, or marriage for example, before I could explain if these factors are material to the success of your application. Bringing my wife to U.S. Sincerely, R I cannot give you a definite time period only an approximation of the time it would take to process both the immigrant marriage petition (which takes place here in the United States) and how long the consulate abroad will take to process the visa for your wife.
The time processing for marriage petitions can be found at the U.S. Citizenship and Immigration Services official website (www.uscis.gov) by clicking on the link to processing dates here. For example, if you are living in the Los Angeles area, right now they are processing marriage petitions filed by U.S. citizens in November 2003. This means if you were to file today, it may approximately take 10-12 months just for the U.S.C.I.S. to approve the petition. At that point they would forward the file to the consulate abroad, and this may take months if not years due to the backlog. Another option, if you have not yet married your wife but are engaged is to file for a fiancee visa for her. Right now in the Los Angeles area, they are processing such petitions that were filed in March 2004, thus giving you a significant time advantage. Whether you file for a fiancée petition or a marriage petition, you will definitely need to file an affidavit of support. This process is complex and I would advise you to consult with an attorney before filing it with the immigration authorities.
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I
would like to ask my question in farsi and i really hope that it would
not cause a problem for you and your staff: dar bareyeh khoorooj az
aamrica baraye kasani ke dar haleh hazer ejaze eghamat nadarand (gheyre
ghanooni) hastan (dar in mored ba tamdid nakardaneh visaye daneshjooyi).
mamoolan chenin afradi ba che eshkalati movajeh khahand bood? (bazdasht
shodan, zendan , etc...) va ya inkeh marahele khoorooj az amrica chist
(baraye chenin afradi) va aya masaleye gereftane visaye transit baray
vorood be keshvare sales matrah hast ya kheyr?
Dear
K.
