Jump to content

12 posts in this topic

Recommended Posts

Posted

My husband was brought here when he was 2/3 and we have been together for 5 years. Every attorney we speak with can’t give me a straight answer on what we need to do to get him citizenship. Do I need to keep looking for another attorney that actually knows what they are talking about? Can someone help me? I don’t know where to start. Thank you!

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
24 minutes ago, Mia445 said:

My husband was brought here when he was 2/3 and we have been together for 5 years. Every attorney we speak with can’t give me a straight answer on what we need to do to get him citizenship. Do I need to keep looking for another attorney that actually knows what they are talking about? Can someone help me? I don’t know where to start. Thank you!

Did he enter with a visa and overstay or did he cross the border illegally?

Filed: K-1 Visa Country: Wales
Timeline
Posted

There may be things in his past that could cause complications and therefore a straight answer becomes difficult.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Haiti
Timeline
Posted
34 minutes ago, Mollie09 said:

Did he enter with a visa and overstay or did he cross the border illegally?

This will allow us to help you better.

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Filed: K-1 Visa Country: Wales
Timeline
Posted

Assuming it is just the illegal presence then it would be an I 130 and an I 601 a and when approved an interview at the Consulate in his Country.

 

If it is just illegal presence.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Also to add he would need to be a permanent resident first, citizenship is a long way off. that could be why you can't get a straight answer form lawyers.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Posted (edited)

It's hard to get a complete answer based upon such little information. What we know is that he has DACA right now, he entered illegally, and he did so when he was very young. That still leaves a lot of possible paths on the table for what to expect and available options.

 

Generally, if he entered illegally then he will have to interview abroad for an immigrant visa - he can't obtain permanent residency within the US directly.

An exception to this is if he has Advance Parole (AP) and used it to enter the US on his most recent entry. They do not issue AP for DACA recipients anymore, but this exception applies for people that already did so or still have a valid AP document and (properly) use it.

 

How old was he when he got DACA? If he was ~18.5 years old or later when he got it, he will have a 3 or 10 year ban upon exit from the US. An I-601A waiver can be used to (provisionally) waive this bar before he exits the US to interview abroad.

If he has any other inadmissabilities, then an I-601A is useless. He would need to interview abroad and get waiver(s) (if available) after the interview when he is refused the visa.

 

How do you know what inadmissabilities he has? Hard/Impossible to say. We don't know his entire history in likely ~2 decades of living in the US. There are dozens of possible inadmissabilities. The most common ones revolve around criminal history, misrepresentation, medical reasons, public charge, etc. There's also unwaivable inadmissabilities like false claim to US citizenship (sometimes used to obtain employment, or even sometimes mistakenly registering to vote).

 

And as noted, citizenship is years off.

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

 

Posted
On 12/10/2019 at 4:34 PM, Mia445 said:

He was brought illegally by his parents 

After he was granted DACA did he ever travel outside of the US on either a humanitarian basis or for work or school when Advance Parole was still part of the program? If he did then that would clear his entry problem.

  • 5 weeks later...
Posted
On 12/10/2019 at 3:34 PM, Mia445 said:

He was brought illegally by his parents 

are u a citizen??  and  I'm afraid his parents will have to be at fault  for his entry for him to be able to get a I601a that will pardon that entry.  he will get it   but is a long process if he don't lose his data he will be able to do all the process in the states   but all this if  you are a citizen   is a long process 

  • 6 months later...
Posted
On 12/10/2019 at 1:40 PM, Mia445 said:

My husband was brought here when he was 2/3 and we have been together for 5 years. Every attorney we speak with can’t give me a straight answer on what we need to do to get him citizenship. Do I need to keep looking for another attorney that actually knows what they are talking about? Can someone help me? I don’t know where to start. Thank you!

So, assuming he hadn't committed any crimes that fall under CIMT(crimes involving moral turpitude) which includes but are not limited to: 

 

Illegal Drug possession/consumption(this includes marijuana) 

Certain types of premeditated assaults 

False claim of US citizenship 

Multiple counts of otherwise non-CIMT crimes

Use of public benefit within 5 years of entry 

 

Your hubby might have a chance of applying for I-601 waiver, "Waiver for inadmissibility" to "forgive" his 10 year bar that he will face when he leaves the US. As others stated, the fact that your hubby came into the US without a legitimate visa won't allow him to apply for permanent residence in the US - he has to go through a consular process.  Then there are other issues like public charges and whatnot, but that's all moot if your hubby can't get the waiver. 

 

Where is he from? Some countries have agencies to help people like your husband who have no choice but to "reverse-immigrate" back to their home countries. It may sound extreme, but maybe you can consider moving to your husband's country? THat's always a possibility.

 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

The OP hasn't returned since the day she posted her thread, so a reply is unlikely, and she's been given the information that we can offer.  Thread is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...