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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3941
Experience:  Private practice in several areas, including immigration
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I and my family have applied to SUV sepcial immigrant

Customer Question

JA: Hello. How can we be of help?
Customer: I and my family have applied to SUV sepcial immigrant visa.... I and my chidern have got our visas issued on August 2016
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: my wife is in Administrative processing since May 2016
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thats all
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 8 months ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith Ludwic replied 8 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I understand how distressing this is for you because you have full responsibility for the care of your children because their mother is held back under AP.

It is an unusually long time for AP.

What country is she a citizen of and what country is she living in?

Which consulate has her application?


Customer: replied 8 months ago.
She is an Iraqi Citizen and she currently living in Iraq.
She has applied in US Consulate in Ankara - Turkey. The interview was on 23rd May 2016
Note my visa (and my children) will expire 25th January 2017 (6 months after the medical exam)
Expert:  Judith Ludwic replied 8 months ago.

You and your children MUST enter the US before your immigrant visa expires even if without your wife. You may leave the US and stay another 6 months with her and hopefully she will have had her AP issues resolved.

There is simply nothing you can do, nothing she can do when there is AP. The US has national security priorities and they have to go through their process and will not be persuaded by any outside influence to issue her visa until the AP is completed.

If you fail to at least enter the US you are risking you and your children's visas because it could take a very long time for the Embassy in Ankara to re-issue your visas.

So it is better to use it and enter the US.

Once you enter you can even file form I-131 for a re-entry permit which would allow you to stay outside the US for up to 2 years and stay with your wife until her visa is issued.

Don't throw away your opportunity and fail to enter before your visas expire.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.