Is there a way to get my pregnant daughter and his husband a US visa?

I'm writing to you because in the USCIS web site my case status is still in the Initial Review but how can be that possible? It was moved on because on May 4, 2010 I received the approval notice for the petition, than the NVC lost the papers, they found it after 2 months and you move back my case...why? My daughter still here because in the middle time she got pregnant and the baby was born 4 months ago, and we need something, some temporary visa or something or you can move so they can get the visa? She want go back to school can she apply for a student visa? Can we do something? I don't trust the visa bulleting because is 2 years they are like for the wife’s they now are in May 2004 before they were on 2005 but I did the petition for my wife in 2006 and in the 2007 she got her visa or green card so I don't trust the visa bulletin but my daughter and his husband need something for work.

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Answered By: Feldman Feldman & Associates, PC

Your status, whether your daughter and her spouse are in or out of the U.S. are some factors that needs to be looked into.

Answer Applies to: California
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Grinberg and Segal

Unfortunately, I do not know exactly what you are asking for. I am not sure if they are in the country or not. Based upon what you have mentioned, your daughter and her husband are likely not eligible for an temporary visa as it sounds like they are in the United States. If they are in the United States and any lawful immigration status they have had has expired, they will not be able to obtain a new temporary status. They would also most likely be denied, because they are immigrants rather than non-immigrants. USCIS will not issue non-immigrant visas to individuals who they believe are immigrants. Your daughter and her husband may have other issues as well. If they are in the United States without valid status, they will be unable to adjust their status in the U.S. They will be required to return to their native country. They will also need a hardship waiver for staying in the U.S. without status. As for your concerns about the visa bulletin, you must understand that the U.S. government only makes so many visas available each month depending upon the category and country the person is immigrating from. Essentially, a priority date is similar to a number at the deli counter. The number will be called when a visa is available. Your wife may have been able to immigrate faster due to several factors including her visa category and more visas being available. Whereas your daughter is likely in a different category and is waiting for a visa when there is a higher demand. Based upon what you have told us this far, you should consider contacting an attorney. Once the National visa Center loses a file, it often can be difficult getting the case back on track.

Answer Applies to: New York
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.