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My I-751 Information not available at Call Center.

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40 minutes ago, Villanelle said:

It is common knowledge on VJ that those who have ROC pending and are otherwise eligible CAN file the N400 while ROC is pending. Often they get a combo interview. It is not as much known on VJ that those filing and approved for ROC under abuse waiver are also eligible for N400 at 3 year mark if abuser was USC. 

 

From what Ive seen on VJ people applying at 3 years with abuse ROC often have a hard time filing n400. Sometimes its rejected and sent back improperly. So it is suggested to send the policy memo showing how they are eligible with their filing and to do it on paper rather then online filing. 

 

I briefly looked through the policies and cant find anything that suggests you are not eligible to file but at the same time nothing that specifically says ROC abuse can send the n400 while its pending either. 

 

@geowrian is very good at finding odd parts of the policy manuals. Perhaps he has some input?

Odd people find odd things. ;)

 

I'm unaware of any provision in the INA or USCIS policy manual that prohibits the filing for naturalization with a properly filed I-751 w/ an abuse waiver, or anything that suggests treatment other than any other case.

The best I can find implies otherwise, specifically the requirement is that one "...has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions...". Upon approval of the I-751 - regardless of the conditions for which they have done so  - one meets this requirement. None of the exceptions jump out at me either as it pertains to these circumstances (i.e. a pending order of removal or otherwise being inadmissible).

 

That said, I would defer to @Villanelle as to how the process actually occurs in practice. It sounds that some others who have were (improperly) rejected. Note that a rejection is different than a denial - a rejection should occur upon filing attempt, whereas a denial occurs after adjudication.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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  • 2 months later...
Filed: TN Visa Country: Canada
Timeline

Hello All, 

Thanks for your Feedback in advance.

Further to my case above, here are some more information.

I have 3 sons in Canada, and all of them are classified as "Person with Disability" by Government of Canada.

I left my job in Oregon in April 2019 to help one of my sons to transition from Grade School to local Community College.
Though, my employer approved my PTO for that transition period, it was later rescinded. Hence, I resigned my appointment because I had already gave my son confirmation and my landlord quit notice.

So I was in Canada since the month of April 2019, and crossed by land to US often for errands. I was able to get another job in the US and started in August, that is when I took up a new residence in U.S again.
Furthermore, I have been living in the U.S. since August 2019. However, I have been visiting my son in Canada every weekend - usually leave for Canada after work on Friday, and come back to US on Monday.

Question - would this weekend travels affect the decision on my Form I-751 in the future or affect me when it comes to renewal of my Permanent Residence status in the future?

 

Regards,
CanadaEx

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Filed: TN Visa Country: Canada
Timeline

In addition, in one of my day crossings between April 2019 and August 2019, and officer warned me, "One of the conditions of your green card is that you have to spend more time in U.S. than in Canada. So if you are going to be out of U.S. for more than 6 months, you have to fill out  Reentry Permit on Form I-131...

CanadaEx

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  • 1 month later...
Filed: TN Visa Country: Canada
Timeline

Hello Can someone clarify if  current Traveling Ban is going to affect me?
I am a Canadian Citizen since 2013.
I currently have conditional Permanent Resident in U.S. 

I currently have pending application to remove condition submitted 12 months ago.
I travel to Canada once a week to visit Kids from previous marriage, because my home in U.S is about 20 minute drive from the Canadian border.
Currently in Canada, and hoping to go back to U.S. on Monday.
My country of birth(COB) is one of those recently ban.
I have never been to COB in about 10 years.
Again, should I get a lawyer to help me cross back to U.S?

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The travel ban does not impact current permanent residents.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: TN Visa Country: Canada
Timeline

Thanks @geowrian for your response.

Also, do you think I could be affected in my ROC application by my traveling every weekend to see my sons in Canada?
The kids are from previous marriage, and I have a property that I still owned where they stay with me when I have custody on the weekend.
The youngest is 18 now, but i still see them on weekends when i go to Canada. 

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