Immigration Issues/Wife's GC

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Question
QUESTION: I applied GC for me and my family in my employment (EB2) category in Apr2009.  I and my daughter (11 years old) got it Sep2014, however my wife’s GC got declined in 12/12/14 due to her medical RFE was not responded (it’s our fault).  

My wife & daughter are in India for last 2 years.. At this point, I’m unable to bring my family to US since my wife’s GC is declined.  What are the options for me to get my family to US

-- Is it possible to reopen her GC case now (Motion to reconsider). It’s already 50 days plus that we received the decision letter.

-- Or Do I need to apply for F2A for her? If so, how long would it take? And what’s the procedure?

-- Or should I need to apply for “follow to join” option? If so, what’s the procedure and how long would it take?

-- Or any other possible option?

Thank you.

ANSWER: Since you were already married when you received your GC based on employment, your wife can follow to join without the filing of an immigrant petition in the F2A category. You would need to file Form I-824 with the USCIS and follow the instructions for consular notification of your GC so that your wife will receive instructions from the National Visa Center (NVC) for issuance of an immigrant visa at a U.S. Consulate. You would need a residence in the U.S. before the Consulate issues an immigrant visa to your wife.

---------- FOLLOW-UP ----------

QUESTION: Thank you very much for your quick response.

1) I got my re-entry permit approved for 2 years and I will go to India in Apr'15 (will work for the same company in India).. Meanwhile can I apply I824 for my wife when I'm here and then follow-up from India?

2) If I apply I824 now, how long maximum would it take to get her immigrant visa?

I would like to take immigration assistance in this regard. Could your firm help me on this? May I contact you in private?

Thank you very much.

Answer
Yes, the I-824 should be filed while you have a residence in the U.S. and follow-up can be from India. IT will take at least several months for I-824 approval, and then another few months for NVC/Consular processing before actual issuance of an immigrant visa to your wife.

You can follow up with our law firm via info@h1b1.com for legal fee quote--please describe the entire situation in your email to info@h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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