Surrendered Green Card due to being out of the country

[Daniela M_______ 410]

5 minutes ago, Tomachi7 said:

No disrespect intended Daniela.  Are you waiting in Mexico?  In Japan where I have received two spousal visas over the past decade, they absolutely prioritize parents of Japanese citizens.

I'm Venezuelan but I have permanent residence here in Mexico since 2 years ago. I don't know how it works in any other countries but in US it doesn't work that way so it won't matter how they do it elsewhere. Things in Venezuela are way more different than here in Mexico, some good different and others bad different, but I'm not there anymore so I don't compare because those rules no longer apply to me.

[C&AH 104]

19 minutes ago, Tomachi7 said:

No disrespect intended Daniela.  Are you waiting in Mexico?  In Japan where I have received two spousal visas over the past decade, they absolutely prioritize parents of Japanese citizens.

You are not talking about applying for Japan. Different country. Different laws.

Edited August 12, 2018 by C&AH

[Tomachi7 1]

9 minutes ago, Daniela M_______ said:

I'm Venezuelan but I have permanent residence here in Mexico since 2 years ago. I don't know how it works in any other countries but in US it doesn't work that way so it won't matter how they do it elsewhere. Things in Venezuela are way more different than here in Mexico, some good different and others bad different, but I'm not there anymore so I don't compare because those rules no longer apply to me.

Ok good luck to you.  Yes each country has its own rules,  but I am hopeful that common sense will move along the application of a parent of young USC along promtly. 

[Crazy Cat 41,888]

1 minute ago, Tomachi7 said:

Ok good luck to you.  Yes each country has its own rules,  but I am hopeful that common sense will move along the application of a parent of young USC along promtly. 

Common sense would dictate that we, as American citizens, are treated equally under the law.....

[Daniela M_______ 410]

1 minute ago, Tomachi7 said:

Ok good luck to you.  Yes each country has its own rules,  but I am hopeful that common sense will move along the application of a parent of young USC along promtly. 

Thing is that they don't follow common sense because well is not that common... also I don't see how having children will be an special situation, I'm sorry but I don't.

 

There are people with emergency reasons like humanitarian reasons, and they don't get approval faster either, so go figure about having children.

 

They follow rules who apply for everyone. They make the rules, they own them, rules are already defined. You can hope for it but it won't happen, if you ask an expedite based on just having children they will tell you it doesn't proceed. You already made your mind, all I can say and good luck trying.

 

 

[Tomachi7 1]

3 minutes ago, C&AH said:

You are not talking about applying for Japan. Different country. Different laws.

that's true of course, but in general I'd guess that each country looks out for its own citizens ahead of non citizens.  So a beneficiary applicant with 3 USC (1 spouse and two dependent children) moves faster than  a beneficiary applicant with 1 USC (1 fiance or spouse.)  I don't see it as discrimination.  Maybe I have been in Japan a long time, children are treated very well by the government, which as the USA also knows are the main future payees of the massive social security obligations. 

[mushroomspore 3,044]

7 minutes ago, Tomachi7 said:

that's true of course, but in general I'd guess that each country looks out for its own citizens ahead of non citizens.  So a beneficiary applicant with 3 USC (1 spouse and two dependent children) moves faster than  a beneficiary applicant with 1 USC (1 fiance or spouse.)  I don't see it as discrimination.  Maybe I have been in Japan a long time, children are treated very well by the government, which as the USA also knows are the main future payees of the massive social security obligations. 

I'm not sure why you think it's a good idea to continue to argue about this. Parents of USC children do not get prioritized over childless applicants/petitioners. That is not USCIS' way. To do so IS discrimination, in American society at least. I'm Asian (never lived in Asia) and grew up with native Asian parents who told me all about how it's different over there (legally and culturally). But that is a completely moot point. You are not dealing with the Japanese government; you're dealing with the American government. They basically tell all of us, "Apply. Get in line. Wait. None of you are special. All of you will be adjudicated according to when WE get to your case. You have no say in this process. Don't bother us."

[C&AH 104]

15 minutes ago, Tomachi7 said:

that's true of course, but in general I'd guess that each country looks out for its own citizens ahead of non citizens.  So a beneficiary applicant with 3 USC (1 spouse and two dependent children) moves faster than  a beneficiary applicant with 1 USC (1 fiance or spouse.)  I don't see it as discrimination.  Maybe I have been in Japan a long time, children are treated very well by the government, which as the USA also knows are the main future payees of the massive social security obligations. 

We need to understand that we don't make the laws. We follow them. I'm a teacher and I see that children are treated quite well by the government.  Your options are come to the US and follow the laws or stay in Japan where the laws seem to line up with what you define as "common sense." No offense intended. Just pointing out the obvious. 

Edited August 12, 2018 by C&AH

[JFH 12,190]

3 hours ago, Tomachi7 said:

Thanks,
VWP.  I don't know if is discriminating or not.  But I am counting on USCIS viewing the application for a parent of 2 young USC children differently than applicants that do not have USC children

You’re kidding, right? I’m also the spouse of a USC but I don’t have children and never will have. I had one pregnancy that ended in a medical emergency and surgery to remove the organs necessary to carry a pregnancy. So are you saying I’m “less deserving” or should wait longer than others whose reproductive organs are in order?   I wonder if you’d still feel the same way if your wife were unable to bear children? 

Edited August 12, 2018 by JFH

[SusieQQQ 11,586]

34 minutes ago, Tomachi7 said:

Ok good luck to you.  Yes each country has its own rules,  but I am hopeful that common sense will move along the application of a parent of young USC along promtly. 

I’m starting to think you’re just trolling us now. Apart from anything else, can you imagine what a slowdown it would put into the entire system if uscis officers had to start scrutinizing each of the million or so applications per year they receive to list dozens of factors and try to figure out whether citizen A with baby twins of 6 months old and spouse of 2 years should take priority over citizen B with a child of 10 but with spouse of 20 years? Not to mention citizen C who has 4 kids (FOUR USCs waiting!!) but they are all older and citizen D who has an 18 year old that needs to enter by August to start college .... etc.  

you do realize that principally it doesn’t matter because your kids can in fact enter the US any time they want with no delay, right!

 

You can “hope” all you want but at some point you’re going to have to face up to the fact that (1) US immigration rules are not the same as Japanese and (2) take responsibility for the fact that you should have been doing all this a year ago, and having kids isn’t a get-out-of-jail-free card for your lack of research.

Edited August 12, 2018 by SusieQQQ

[geowrian 22,337]

I see no policy or law as to why applicants with USC children would process any faster than those without said children. Your decision to have kids or not (or ability to do so) is not a criteria for consideration of a visa.

 

To have such a policy would be discriminatory. Note that discrimination is not always illegal or even wrong...just discrimination based on protected classes is illegal at least. Anyway, such a policy may encourage people to have children, and punish those who choose not to or are unable to do so. The US does not have a shortage of children, so I don’t see the policy changing anytime soon. Japan is free to have their own rules and laws for their circumstances.

 

Anyway, USCIS does not take any of those factors into consideration. The petition sits in a pile until assigned to an officer. The officer reviews the petition and approves it, denies it, or issues an RFE (or NOID). They don’t look at ones toes to the US or not...just if they meet the requirements to petition based on the law.

[mcdull 474]

2 hours ago, Tomachi7 said:

yes, that makes sense, I would put the odds on the UK applicant.

And why is that?! 

 

You are really messed up with your self serving Assumptions 

[JFH 12,190]

2 hours ago, Tomachi7 said:

ok so a first time applicant, newly married from let's say Afghanistan, files in January year 0

UK applicant with USC kids, long married, files in July of year 0

who finishes faster? 

OP, I think it’s great that you joined the forum here and posted your questions because throughout this thread you have repeatedly demonstrated how little you know about the process and you are in complete confusion. We have cleared up the AOS part, and now we are dealing with how petitions are adjudicated. It’s important that we all understand the whole process when we go through this otherwise we get frustrated and confused. 

 

Firstly, the I-130 (which is the part handled by USCIS) is a petition and is all about the USC and his/her eligibility to petition for a relative. It’s irrelevant, at that stage, where the relative is from. If there are any delays, it’s probably because the background check or documents pertaining to the USC have thrown up a red flag or a concern. 

 

I am from the UK. If you look at timelines and stats from the members on this forum who filed in my month (February 2016), you will see that my petition was the penultimate one to be approved. We were a close group with our own filers thread and we all updated this daily. With the exception of one person, everyone else from all over the world had their petition approved before ours. Why? My husband has a felony from the 1990s (20 years before I even met him) and this caused a delay whilst USCIS ran the background checks. I was told as much at the interview. So my UK citizenship had no bearing whatsoever on the approval time. 

 

Now, my medical and interview phase went faster than others because there are fewer applicants wishing to immigrate from London and the embassy has a low case-load. That’s purely a question of mathematics. Embassies with a heavy case-load have longer waits for interview appointments. 

Edited August 12, 2018 by JFH

[Daniela M_______ 410]

37 minutes ago, SusieQQQ said:

I’m starting to think you’re just trolling us now.

I don't see any other explanation.

[Rocko20 159]

It’s fine for the OP to be passionate about his unfortunate situation but I believe the issue is why did you leave America for 5 years? You might as well do the DCF and stay in Japan. 

 

Not even American ex-pat retirees living abroad do something that would have them surrendering their passports or renouncing their citizenship. What America provides to it citizens more than anything is options: options for schools, housing, jobs, location, etc.

 

So I don’t understand why leaving the country to Japan for 5 years, in a way that make a your wife’s green card invalid, was ever an option. What was so important during that time? 

Edited August 12, 2018 by Rocko20