US Immigration from Scotland

Recently I received a denial of my I-485 due to USCIS stating they never received my medical packet. USCIS sent me an RFE for my form I-693 in March, and I sent the medical packet within 2 weeks - well before the June due date. I sent it certified and tracked it, and saw that they had received it (they signed for it).

On Aug. 4, their website updated to showing they received the evidence that I sent. I thought, great! Things are/were moving forward. Then a week later, a denial notice was issued stating they never received a thing.

Scared, we went to a lawyer the following Monday, and he said he just had a client that this happened to. He said just to submit the 290 B, with the fee and the evidence as their letter states, and everything should be fine. Well, I hope. USCIS also said on the phone, that he had to quit his job immediately. The exact wording about the Employment Auth is below:

"NOTE on Employment Authorization Document: Any employment authorization based upon this
Form I-485 is automatically terminated if the expiration date on the employment authorization
document has been reached. See 8 CFR 274a.14(a)(1)(i). Since this Form I-485 is denied, the
condition upon which your employment authorization was based no longer exists. Any unexpired
employment authorization based upon this Form I-485 is revoked as of 18 days from the date of this
notice, unless you submit, within 18 days, proof that your Form I-485 remains pending. See 8 CFR
274a.14(b)(2). The decision by the district director shall be final and no appeal shall lie from the
decision to revoke the authorization. Your employment authorization document should be returned to
the local USCIS office."

My questions are:

1. "Proof the form I-485 remains pending" - I'm assuming this means that we will have to just send in the employment card since I've been it could take two months for them to make a decision on re-opening/re-considering. Should I cc what I file (290B and evidence) when I send back the employment authorization card?

2. A guard at the USCIS field office told me to CC the local San Francisco office on what I file with the San Bernadino office because "they could help". Is it advised to CC other offices when filing things like this?

Anyhow, we are beyond devastated by this mishap. I'm hoping for a favorable turnaround on this. I know USCIS has been overwhelmed, but dang... any advice or good thoughts are appreciated.

Hello, this is my first of probably many posts.

The situation is messier than the title suggests; first off, I (K) am an American living in Japan. I met my soon-to-be husband (R) while living in Japan, but he's from Scotland.

Both of us currently live and work in Japan, but we most likely will leave Japan next year when our current work contracts expire at the end of July.

As part of the program we're both a part of, as long as we complete our contract length and leave within the month after, our plane tickets back to our respective countries will be paid for.

As such, we plan to apply for the CR-1 for R after we fill out the I-130 once we're officially married, which we're planning to do over the summer vacation here in Japan.

(We discussed which country to move to after Japan, and America won out, because, among other reasons, while Scotland is beautiful, the weather up in the northern islands where he's from is typically cold and rainy, and I'm a south-Midwest American who likes the sunshine, ha.)

However, even if we applied for it today, the processing times for the I-130 are projected for more than a year, and we don't want to plan on being in Japan when it's finished processing. We couldn't even try to stay in Japan until finishes processing, because we both want our flights home paid for. As such, even if we're currently in Japan, I've set R's visa application location (62.a-c) as London, because the Edinburgh consulate doesn't issue visas for the UK.

We planned on applying for the I-130 online, and I wondered just how complicated it would make things if I updated our respective addresses about a year from now. We currently live together in Japan, but we'll have to be separated while R's application processes.

I'm worried changing details like that will cause complications or even get the application bumped down from its "spot" in processing.

I was curious what other people's experiences with updating addresses were, especially when you moved countries during the application process.

Thanks in advance; I can provide any other info people might need.

-K

Hi folks

First post from myself on here so apologies if I've put this in the wrong place.

Long story short, our submission (EB3 consular processing) has been arranged (DS260 completed online and confirmation statement together with all associated documents including birth certificates, marriage certificates etc sent by Fedex by our lawyer).

Communication response received today from NVC stating as follows:

"****NVC Notice of Missing Item: Please submit Form DS-260 ****

This is extremely confusing, given that the DS260 has clearly been completed online and the package sent by Fedex includes confirmation of this, per the instructions from NVC.

From a quick Google search, it appears this 'glitch' has happened to others in the past, and this was resolved by calling NVC, with it being rectified by a 'supervisor'. At this point, NVC are not taking telephone calls and any efforts to send a public inquiry communication to them has returned an automated response telling us absolutely nothing of any relevance.

We know that this is something unique to our application - we actually originally completed the DS260 and submission of documents in 2022 and received the same response regarding the DS260 being missing. After discussions with our lawyer, we all worked under the assumption that the NVC may have lost parts of our application and therefore have resubmitted, but in doing so this has returned the exact same response.

Any suggestions would be greatly appreciated. We've been on this road since 2019, gone through the lengthy process of labor certification and USCIS immigrant petition, all of which was delayed by COVID and now having reached this point we assumed that achieving DQ and thereafter our embassy appointment in the UK would be much more straightforward however at this point we seem to be stuck in complete limbo.

Please help!

Best regards

Stu

Did anyone file N400 successfully after failing to register with selective service? Totally unintentional but understanding of the consequences. I can either file now and try mitigating it with a personal statement, or wait until I reach 31 where the issue cannot be considered for Citizenship purposes. Grateful for any experience here!

On 1/29/2023 at 7:39 AM, Mike E said:

People under age 18 cannot file N-400.

If you can provide original evidence of legal and physical custody, then your daughter will immediately become a U.S. citizen once either of her parents becomes a U.S. citizen, provided she is still under age 18 at time her parent naturalizes.

Each parent should make copies, front and back of their green cards now. The green cards are expected to be taken at naturalization.

After a parent naturalizes, that parent can apply for the daughter s passport and passport card by including the following with the passport application:

* marriage certificate of parents (evidence of legal custody in traditional nuclear families)

* birth certificate of daughter listing the parents as the same people in the marriage certificate

* naturalization certificate of parent

* proof the daughter and parent live at the same address (evidence of physical custody). Start gathering this now. It is harder than it looks.

* green card of daughter

Provide an original (except for drivers licenses and State id cards) and photo copy of each piece of evidence

Make a complete copy of everything you send, front and back.

Do not expect the green card to come back. If it goes not, preserve any note the passport agency provides that says it kept the green card. Alternatively, you might get the green card back with a demand that you return the green card to USCIS. Ignore that demand for the moment. Expect the other original evidence to come back.

Depending on how long your daughter is without her green card and passport or passport card, you might need to get an ADIT stamp on her foreign passport from USCIS as an alternative I-551.

Once her passport or passport card comes back, file N-600 to get your daughter an original certificate of citizenship. This is gold standard evidence of U.S. citizenship that will be accepted in situations where a passport or passport card are not:

* your daughter is denied a passport or passport card renewal in the future. Causes can include failure to pay child support, criminal record, a history of losing passports, etc.

* the passport agency processing times for renewals go crazy as they did when WHTI was implemented, or when travel bans started to end after year 1 of the pandemic emergency. A certificate of citizenship never expires.

* security clearance for sensitive work for the federal government

* certain roles in the U.S. armed forces and federal civil service

* state DL (when a dmv cannot verify her citizenship with SAVE, some states will bypass SAVE with a certificate of citizenship)

* social security card (there is a classified portion of the SSA policy manual that sometimes requires citizens to produce a certificate of citizenship)

* petitioning a family member for a green card

* registering to vote online in some states

There are examples of the above where a passport or passport card sufficed. And there are counter examples where it didn t. Regardless as you can imagine, providing the evidence decades after the fact can be hard. It is best to address this while the evidence is hot.

The evidence needed to apply for N-600 is a copy of everything you sent to get a passport and passport card plus:

* a copy of the note saying the passport agency kept the gc

* copy of the daughter s passport or passport card

N-600 should be filed online so that originals are not mistakenly sent

At the N-600 interview, bring all original evidence. At that time, you can expect to surrender your daughter s green card. Or USCIS might request it separately. I would not surrender her green card until the certificate of citizenship is in hand.

Thanks this is what I was looking into.

I have four children who got their GCs when I did. Three will be over 18 by the time we can apply. They will have to submit their own applications yes?

My younger daughter doesn't live with me ( she is in a facility) but I support her financially and have legal custody etc. Will she be covered under mine?

Your advice appreciated

Helen