
healthteacher
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Everything posted by healthteacher
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Citing several several possible exceptions listed, I drafted a letter requesting expedited consular processing for child under 21 of a US citizen, to still allow her to accompany her mother to US. If approved, would the embassy require the petitioner himself to sign and submit a new I-130 electronically? Or, can the consulate start and process the new I-130 without additional actions from the petitioner, something like a self-petition?
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Great post Crazy Cat! There appears to be enough loopholes in there to drive a truck load of migrants through! the 'Petitioner has recently naturalized" seems straight forward enough. Are they saying the embassy might expedite an I-130 for the daughter so they could travel together? They would at least have to pay for a new I-130 wouldn't they?
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I talked to an immigration attorney with 25 years of experience who said they handle things a little different at the Havana Cuba embassy. She says there is nothing to worry about, they won't make the daughter stay behind as long as she is under 21. However the embassy needs to be informed about the petitioner's change to citizen so they can update the green card to a C1 status. Great news!
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I think I see why their old lawyer does not want to finish their case, now it has been tainted and complicated by the new status. With all the years of delays and backlogs that occur in the immigration system, The problem of LPR petitioners becoming citizens during the long drawn out process must not be uncommon. Sure, maybe more than a few were just unfamiliar with the immigration laws and thought that becoming a citizen was to be expected, or maybe they just accidently 'checked the wrong box' on a form. It may seem like an unfair 'gotcha" kind of technicality to some. However common it is, no one should assume that they will be shown mercy or have case by case discretion used. Be forewarned- Immigration has targeted immigration fraud like this. Penalties are stiff for those who commit this type of fraud and also the fraudster friends or family that 'help' them. Also, DO NOT cavalierly become a citizen just because you can! Your ignorance of the rules could ruin your family's dream of life in america together. Some facts about making 'mistakes' on immigration forms- Any time someone submits a U.S. visa or green card application that contains false information, it is considered a fraud against the U.S. government. The result is that the person could face a substantial delay or denial of the visa and quite possibly the denial of subsequent immigration applications. What's more, anyone in the U.S. who helps an applicant falsify an application to gain entry to the country can be indicted and prosecuted by a federal grand jury if the matter is formally investigated by Immigration and Customs Enforcement (ICE). Some examples of types of false information that can result in visa denial include: personal information failing to reveal past visa refusals, and lying about past criminal activity or convictions
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thanks again boiler for the calm, non scolding style of help and info. I've come to find out that petitioner's previous immigration lawyer told him to not say anything about petitioner's new status, do not tell beneficiary anything either and everything will be fine at the interview, they will let you know if there is a problem before issuing the visa, said the immigration lawyer.
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Not sure why it would make a difference "who" did his "papers", the petitioner is the one who authorizes and signs.. But back to original question, what are the penalties for making a mistake on the 864? I don't see any benefits that have been received yet, wouldn't that make a difference? Can't he just send a letter to embassy explaining mistake and submitting a new 864? I think the petitioner is just tired of all the drama and just wants facts.