Can I get my visa if I have already been interviewed? 3 Answers as of May 16, 2011

I have been interviewed for my F2b (sponsored by my Mom). They didn't gave me the visa, since they want some documents to prove that my mom is Domicile in the US. Is there any chance that I still get my visa? Does domicile apply only to Citizens? My mom only a PR.

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
It depends on the evidence. A permanent resident must spend more than half the time in the U.S.
Answer Applies to: New York
Replied: 5/16/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Domicile applies to USC and LPR alike but in different ways. In your case, your Mom is supposed to live in the US for the majority of each year, hence PERMANENT resident. This is a period of time exceeding 6 months at the minimum. So, if it is found out that your mother does not reside in the US, you may not get your green card and she may lose hers. I don't have that information but it sounds like you need to prove this to get your green card. Good luck!
Answer Applies to: California
Replied: 5/13/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
A Permanent Resident can lose their status if they do not live in the U.S. for extended periods of time. If that is the case, any petition filed by them would be cancelled. Also, your mother, as the petitioner, must submit an I-864 (Affidavit of Support) and that form requires that the person be domiciled in the US.
Answer Applies to: California
Replied: 5/13/2011
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