I-130 December 2016 Filers

[stephanie918 46]

10 hours ago, ashular said:

Just got approval by email!!  (No text message yet.)

 

Priority date Dec 21 at Nebraska, approval date Sept 11.  I'm a little bummed out now though, since they're going to send our approval letter to our home in Brazil, but we leave this Saturday for a month-long holiday... which means we won't be able to take any next steps until we get back in mid-October, so we're looking at a couple weeks of lost time.

 

Is it possible to fill out/submit forms/pay fees remotely without having the letter in hand?  I could also ask my in-laws to check our mail periodically and then scan/email when it arrives.

i just got told when I called USCIS that they don't send letters outside of the US...?! I live in Australia and have never received any mail from them, only email.  

[stephanie918 46]

10 hours ago, MrHanky said:

You won't have any lost time, maybe that'll actually help to keep your mind off of things.

It'll be at least a month till you can do anything, and the NOA2 doesn't have anything you'll need.

For instance, I'm on week 4 now I think and still waiting till I can get my case number.

I'm hoping by the end of this week.

 

You'll get another notice when it goes to the department of state, maybe in 2 weeks, then another week or 2 till they'll have it and it takes them time to process it still.

thanks. I called NVC this morning to confirm I have an email on file and they advised it can take 6 weeks for NVC to even receive it from USCIS...that wouldn't include processing times.  

[Brendas 2]

Hey guys,  we are new here and have a few questions, hopefully someone could guide us.

I'm petitioning my Husband , our PD is Dec 8th 2016, we are over 9 months waiting for our NOA2. We submitted our application to Chicago, but in most of the replies here are talking about Nebraska and Texas processing center. Does this mean Chicago transfer cases to those two locations? our NOA1 letter at the bottom says Nebraska service center, so we are assuming we are being processed there, just want to make sure. We will be calling by the end of the week, waiting to see if we might get approved this week :/

Thank you.

[MrHanky 1,377]

12 minutes ago, Brendas said:

Hey guys,  we are new here and have a few questions, hopefully someone could guide us.

I'm petitioning my Husband , our PD is Dec 8th 2016, we are over 9 months waiting for our NOA2. We submitted our application to Chicago, but in most of the replies here are talking about Nebraska and Texas processing center. Does this mean Chicago transfer cases to those two locations? our NOA1 letter at the bottom says Nebraska service center, so we are assuming we are being processed there, just want to make sure. We will be calling by the end of the week, waiting to see if we might get approved this week :/

Thank you.

That's because Chicago is a lockbox and not a processing center, your petition will be forward to a processing center, Nebraska is the main hub.

They're still processing December although towards the end, however they may tell your you're still in normal processing time, especially since they haven't update processing times yet, which they should do Friday.

Some times background checks take longer.

 

What would be helpful is if you filled out your timeline, then people could maybe give more advice.

[Brendas 2]

25 minutes ago, MrHanky said:

That's because Chicago is a lockbox and not a processing center, your petition will be forward to a processing center, Nebraska is the main hub.

They're still processing December although towards the end, however they may tell your you're still in normal processing time, especially since they haven't update processing times yet, which they should do Friday.

Some times background checks take longer.

 

What would be helpful is if you filled out your timeline, then people could maybe give more advice.

Thank you, Hopefully we'll get good news this week, if not we'll keep an eye on Friday for the update processing times.

[ashular 0]

11 hours ago, stephanie918 said:

i just got told when I called USCIS that they don't send letters outside of the US...?! I live in Australia and have never received any mail from them, only email.  

Odd... I got my NOA1 letter here by mail in Brazil.  PD Dec 21, got an email on Jan 3, and I received the paper letter (dated Dec 31) at my apt in Rio de Janeiro sometime in the second week of January (don't remember exactly when).

 

I included my US cell number and my Brazil cell number on my G-1145 but they've never sent me a text message.

[pamequez 22]

Hi Everyone!! Congrats to those approved! I yearn for that day

I just add my two cents! My NOA1 arrived at my mailbox in Quito, Ecuador like 3 weeks after I received the email confirmation. lol Mail is snail mail and unreliable in Quito, but I received it. 

As for travelling with a tourist visa, my husband came in June for a month. Super easy entrance, they just asked him how long he was staying. He said one month.  Done.

 

Also, found about this new memo from President Trump regarding changing adjustment of status while on a non-immigrant visa.  ISH just got way harder.  Any feedback on this, do you guys have any news regarding this? A source told me that family based petitions went back like 6 months on the priority dates.  I asked to specifiy if this included petitions already sent or new ones being sent it.  But the source said it was another department and was unsure.  UGH SOO lets just hope our approvals are around the corner and pray that we don't have to deal with all these new laws changing everyday:

 

On September 1, 2017, the U.S. Department of State (“DOS”) updated 9 FAM 302.9-4(B)(3) to provide U.S. consular officers with new guidance relating to the term “misrepresentation” as it relates to aliens in the U.S. “who conduct themselves in a manner inconsistent with representations they made to consular officers concerning their intentions at the time of visa application or to DHS when applying for admission or for an immigration benefit.”

The Field Adjudicators Manual (“FAM”) now has an updated subsection titled “Inconsistent Conduct Within 90 Days of Entry” which states:

If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, as described in subparagraph (2)(b) below, you may presume that the applicant’s representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry.

In the event that a U.S. consular officer “becomes aware of derogatory information indicating that an alien in the United States who has a valid visa, may have misrepresented his or her intentions to you at the time of visa application, or to DHS at the port of entry or in a filing for an immigration benefit”, they are directed to “bring the derogatory information to the attention of the Department for potential revocation.”

There are potentially devastating consequences to this new guidance.  Section 212(a)(6)(C) of the Immigration and Nationality Act states that any alien who, by willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other immigration benefit is inadmissible and may be barred for life from entering the U.S.  Accordingly, this new FAM guidance is extremely important for immigration attorneys and foreign nationals to understand.

Here are five things to know about this updated FAM guidance:

1. Inconsistent Conduct. For purposes of applying this new 90-day rule, conduct that violates or is otherwise inconsistent with an alien’s nonimmigrant status includes:

• Engaging in unauthorized employment;
• Enrolling in a course of academic study, if such study is not authorized (e.g. B Visitor status);
• Marrying a U.S. citizen or LPR and taking up residence in the U.S., after entering on nonimmigrant B (Visitor) or F (Student) status, or any other status prohibiting immigrant intent; and
• Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

2. Presumption of Willful Misrepresentation Based on Timing of Conduct. The FAM indicates there will be a presumption of willful misrepresentation based on an alien’s activity within 90 days after entry to the U.S.  In such a case, the burden of proof falls on the alien “to establish that his or her true intent at the time of the presumptive willful misrepresentation was permissible in his or her nonimmigrant status.”  Consular officers are directed to give an alien “the opportunity to rebut the presumption of willful misrepresentation by presentation of evidence to overcome it.”  On the other hand, if an alien violates or engages in conduct inconsistent with his or her non-immigrant status more than 90 days after entry into the U.S., there is no presumption of willful misrepresentation, though U.S. consular officers may still seek to revoke the visa if there is “reasonable belief that the alien misrepresented his or her purpose of travel at the time of the visa application or application for admission.”

3. What Happened to the 30/60 Day Rule? Is the FAM Retroactive? The updated FAM appears to have discarded the prior “30/60 day rule” with regards to adjustment of status after entry on a nonimmigrant visa.  The 30/60 day rule can be summarized as follows:

• If an alien files for adjustment within 30 days of entry, the government can presume the person misrepresented his or her intention in seeking a visa or entry. A finding of misrepresentation or fraud can result in a drastic lifetime bar to entering the U.S.
• If the act occurs more than 30 days but less than 60 days after entry, no presumption of misrepresentation arises. However, if facts show the reasonable belief that intent was misrepresented, then the alien must present countervailing evidence.
• If the act occurs more than 60 days after admission into the United States, there is generally no basis for a misrepresentation or inadmissibility finding.

USCIS’ Policy Manual has not been updated the 30/60 day rule, but this may happen in the near future.  The FAM makes no mention of retroactive application of this new guidance, but also indicates that it is effective as of September 1, 2017.  Aliens who relied on the old 30/60 day rule and have pending adjustment of status applications should speak with experienced immigration counsel to strategize their cases effectively.

4. Be Careful Filing for Adjustment of Status. The new language suggests that DOS is targeting aliens who enter through the Visa Waiver Program (which authorizes travel for tourism or business for stays of 90 days or less without first obtaining a visa) or on a B-1/B-2 visitor visa and adjust to LPR status.  It should be noted that USCIS’ Adjudicator’s Field Manual has not been updated to be consistent with the new FAM guidance.  Moreover, the Board of Immigration Appeals have established that in the case of adjustment of status of immediate relatives, the adverse factor of “preconceived intent,” by itself, is outweighed by the equity of the immediate relative relationship itself.  See Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980) and Matter of Ibrahim, 18 I. & N. Dec. 55 (BIA 1981).  Nonetheless, aliens who have entered the U.S. on a B or F visa, or any other nonimmigrant visa that does not allow immigrant intent, or the VWP should be cautioned regarding the risks of filing an adjustment of status, extension of status, or change of status within 90 days after entry.  Furthermore, even if such filings occur after 90 days after entry, the alien may need to demonstrate that an event occurred, which caused them to change plans and desire to change U.S. immigration status.

5. Is Immigrant Visa/Consular Processing a More Attractive Option?   Even though we do not know if USCIS will adapt this new DOS rule, it is becoming more and more attractive to obtain LPR status through consular processing abroad than to file for adjustment of status in many cases, especially with the anticipated delays likely to result from USCIS expanding in-person interviews for adjustment of status applications.  Depending on the circumstances of the case, it may be advisable to withdraw an adjustment of status application and file a Form I-824 to request that the approval notice of the underlying immigrant visa petition be sent to a U.S. consular post.

[nyokie 572]

21 hours ago, Binna Binna said:

@MrHanky, I think you may also have the wrong date on your timeline for NOA2. Your NOA2 (VJ approval date) should be 2017-08-18 for both you and @arsalk

 

See a screenshot part of the timeline entry page and on the right side click on "help finding your NOA date" link that will help you on how to obtain the right date to enter (highlight in yellow).

 

I made same mistake with my NOA1 by entering the PD date, but I corrected it to enter the Notice date.

 

Question did you got 2 REF? never mind I see there is no date on there so yeah you didn't get any RFE. MY BAD.

Edited September 12, 2017 by nyokie

[Sarah & Alex 0]

On 8/12/2017 at 8:44 AM, Elshayt said:

It seems NSC is going backward 😂, no progress and each couple of days add to historical time line go back again 

 

i hope all officers in Neberasaka is OK 🤒

I am becoming beyond frustrated with NSC.  I am seeing others after me get approved, and I am still waiting.  They said nothing is wrong with our case that they are working on cases from 11/28/16.  I love how they can cash our check/money orders within days but they sure can't get approvals out in a timely manner

[stephanie918 46]

20 hours ago, ashular said:

Odd... I got my NOA1 letter here by mail in Brazil.  PD Dec 21, got an email on Jan 3, and I received the paper letter (dated Dec 31) at my apt in Rio de Janeiro sometime in the second week of January (don't remember exactly when).

 

I included my US cell number and my Brazil cell number on my G-1145 but they've never sent me a text message.

that is so strange! they told me they wouldn't send them overseas! that's great for you, but that's so irritating that they don't have a standard response

[From Tx 6]

272 days in Nebraska and still waiting tomorow will be 9 months to be exact.. I cant believe how Nebraska slow down so much! 

[S and A 5]

1 hour ago, From Tx said:

272 days in Nebraska and still waiting tomorow will be 9 months to be exact.. I cant believe how Nebraska slow down so much! 

283 days .... i have just lost words. It seems to me 8 to 9 more months of wait for us. And this thought is killing me.

[From Tx 6]

1 minute ago, S and A said:

283 days .... i have just lost words. It seems to me 8 to 9 more months of wait for us. And this thought is killing me.

Have you try calling Uscis? i am planning in calling tomorrow when i am 9mnths exact.

[S and A 5]

1 hour ago, From Tx said:

272 days in Nebraska and still waiting tomorow will be 9 months to be exact.. I cant believe how Nebraska slow down so much! 

Tx i was just wondering, is it possible that my i129F visa applivatoon is effecting my i130? Have you applied for i129f along with i130?

[From Tx 6]

1 minute ago, S and A said:

Tx i was just wondering, is it possible that my i129F visa applivatoon is effecting my i130? Have you applied for i129f along with i130?

No i am sorry our lawyer submited just the I130 for now. i think we might need a waiver after all. thats why he didn't submit anything else.