jan22

It certainly sounds like you were denied entry and then deported. If that is the case, you will be ineligible to enter the US for a total of least five years even if you have another visa that was not physically revoked at the time. If you are ineligible to enter the US because of the denial of entry/deportation, your cannot use the work visa to enter either. (It would be helpful if you had answered my question as to whether there was more to the "22 CFR" entry written in your passport.)

Why? He had proper documentation (a valid -- at that time -- US visa) when boarding the flight, so his denial of entry would not be the airline's issue. Immigration may have used his return ticket as part of the arrsngements, but the airline had no other responsibility that I can see.

No. There is no provision of the law to take anything other than the annual numerical limit, set by Congress, into account. I'm not sure what you meant by "...if not for covid related backlog they would have got it on time based on previous timeline...". The PD advancement is not "...almost three years behind". When the petition was filed in 2015, the Priority Date (PD) being processed was in early 2002 (e.g., in February 2015 the current PD was 15 Apr 2002). The earliest time for their PD to be current would have been predicted to be in 2028, more likely 2029 to 2030. It has been rare for the F4 PD to advance more than 7 or 8 months per year. Take a look at the approximate advancement per year during past 12 years, using the February PD as an example: 2010 was 15 Nov 1999 2011 was 01 Jan 2000, approx. 1.5 months advancement 2012 was 08 Sep 2000, approx. 9.25 months 2013 was 15 Apr 2001, approx. 7.25 months 2014 was 22 Oct 2001, approx. 6.25 months 2015 was 15 Apr 2002, approx. 5.75 months 2016 was 08 Jun 2003, approx. 12.75 months 2017 was 08 Feb 2004, approx. 8 months 2018 was 22 Jul 2004, approx. 5.5 months 2019 was 22 Jun 2005, approx. 11 months 2020 was 01 Jul 2006, approx. 12.5 months 2021 was 15 Oct 2006, approx. 3.5 months 2022 is 22 Mar 2007, approx. 5.25 months The average advancement over the 9 pre-COVID years was slightly less than 7.5 (7.47) months per year. The average advancement in the past 3 years (Feb 2020 to Feb 2022) was approaching an average of 7.1 (7.08) months per year -- certainly not "three years behind" and a difference which could just as easily be explained by an Increased number of applicants as by COVID delays. As more and more F4 petitions are submitted, the wait time is more likely to increase for those filing now, as Crazy Cat pointed out, since the annual numerical limit is unlikely to change.

OPT requires a recommendation from your DSO -- usually done via the I-20. Did your DSO enter a recommendation in SEVIS for you? If not, you will not be approved. In addition, you can file for OPT in the period 90 days prior to program completion to 60 days after you complete it. You seem to be long past the period of time in which you qualified to apply (+200 days post-June program completion date and +150 days post-actual-August completion date, at a minimum). I don't believe there are any exceptions to these dates, even if you send in an explanatory letter. What is current your status in the US and how are you now supporting yourself?

So, you were denied entry into the US and returned to the Philipines, right? Do you remenber if they used the term "voIuntaary departure" or "expedited removal"? Who booked the flight to send you back? And, who paid for the flight back? Also, you didn't answer whether there were other numbers after the "22 CFR" in your passport.

What was your status when you entered CalifornIa -- that is, what visa did you use to enter? And, how long had you been in the US? Or had you just flown in and we're connecting to go to Vegas? (This would mean you weren't actually admitted to the US, i.e., that you were denied entry to the US.) What numbers, if any, followed the "22cfr"? What was tbe purpose of your trip to Vegas and what did you tell the offficer? What happened after you were denied boarding for the flight to Vegas? Were you allowed to remain in CA or did you have to leave the US?

Who is "they"? I mean, who revoked your visa? Was your visa marked with any code or any numbers/letters? If so, what were they? (That should explain why the visa was revoked). Are you sure the visa was actually revoked or were you, perhaps, just denied boarding a plane because of your COVID vaccine/test status at the time?

Why was your tourist visa revoked? The reason may or may not effect your C1/D visa.

OP: I posted my above response before your response to Mike E and cannot edit it. As I said in it, your child does not qualify for the CRBA, so there is no reason to file the DS Until the child is 16, you will need to submit all the documentation needed for the first passport. After he/she is 16 -- and receives a ten-year passport -- it will only require submission of the previous passport. The DH527 is proof of the adoption, but it will never prove US citizenship, as the citizenship was not acquired by birth in the US. Hope this clarifies things a bit.

Don't know why Florida would refer you to the State Departnent. No branch of the US government has anything to do with issuing US birth certificates, including the State Department. (In fact, there is no such thing as a US birth certificate -- they are state isssued,) Perhaps they were thinking of the Consular Report of Birth Abroad (CRBA). However, that document is not a birth certificate -- it is a citizenship document, i.e., it documents that the child was a US citizen from birth. Your child does not qualify for that docunent. Save yourself time and trouble -- don't contact the State Department about a birth certificate. I don't know the adootion laws in the state of Florida. Unless they include a provision for the issuance of a new birth certificate to reflect the new parent(s) -- which many states do -- there is no way to get a state birth certificate. You may have asked the wrong question. if you did not ask about a new birth certificate for an adopted child to document parentage, you should do so. Note, however, that if you wish to have this birth certificate serve as proof of US citizenship, it will not do that. It will still reflect the birth in Thailand. The only documentation you will be able to get for your child's US citizenship is either a US passport and/or a certificate of citizenship from USCIS.

But, just to be clear -- if you enter on ESTA, you can't stay until the start of your classes and just start attending school. You will need to leave the US and re-enter using your F-1 visa. You cannot apply for a Change of Status from an ESTA entry -- even if you could, it wouldn't be processed in time for you to start classes. You can enter the US with your F-1 student visa up to 30 days before the start date on your I-20.

I had edited my post to include how sure I was that the tax returns would be required. Based on +20 years as a Consular officer, tax returns will most likely be required -- if you show income -- by the consular officer at the K-1 visa interview. If it is some how passed over (since it's a K-1 and does not require the immigrant visa form of the Affidavit of Support and/or mIstakes happen), the tax forms will be required by USCIS when you file the I-864 during the Adjustment of Status application. If you are asking in regard to the I-134a parole case you have also filed (as it appears from previous posts), tax returns might not be required by USCIS as part of the parole process. I don't think anyone knows for sure, as the program is new. However, again, once you are married and filing for Adjustment of Status, USCIS will definitely require the tax returns as part of the I-864.

The officer will still request the tax returns --I am 100% sure of this.

Just to clarify one point -- your mother should make the FOIA request for her records or, at a minimum, give you written authorization for you to request her information, which may or may not work for all records. Generally, you cannot FOIA someone else's personal records unless the person Is deceased.

If you are using income, the Consular officer will require you to submit your taxes to verify the source of income during the visa interview.

And you never will find notices about fees for DS forms on a USCIS Federal Register publication, as they are Department of State (hence"DS") forms and not immigration forms (USCI (Immigration)S, therefore "I" forms).

I read that, but we don't know exactly what "doing" the AOS paperwork means to the OP. His time line definitely shows it was filed November 1, 2021 with a USCIS receipt date of November 20, 2021.

If, as the profile indicates, she entered on a K-1 and the AOS was based on that. Therefore, there is no I-130 to redirect. The OP would need to start a CR-130 petition from scratch by filing the I-130. Also, just to note -- per the timeline, the AOS was filed in November 2021, not after she left in January 2022.

I would ask some questions of this lawyer. Perhaps he/she is phrasing things to simplify them for you, but as you have written them here, there doesn't seem to be a clear understanding of the paperwork flow and timelines...at least as I read it. Who is "they" in regard to going by priority date? The PD is only used in the USCIS process; it has no relevance to timing once a case is at the Embassy level. Cases arrive at the Embassy in vastly different order, based on visa category, workload, how long it took the petitioner to submit documents, etc. If "they" refers to the court, they will more likely be looking at the time frame in which the Embassy has had the case. Or, at least when the Department of State (DOS) portion of the process started. Neither of these has anything to do with the PD. A WOM going to court usually puts no pressure on the Embassy. The lawsuit is handled/responded to by the DOS in Washington, DC. They often don't even have to ask the Embassy anything about the status of a case, as they have access to all of it in the computer records. Although the DOS will, of course, tell them a WOM has been filed, the Embassy's actual involvement would usually only be after the WOM is decided. A WOM within a month of the interview will likely not increase the speed of your case, when the Embassy/DOS says upfront that most cases of administrative processing are resoloved within 60 days. Highly unlikely a WOM suit would be decided favorably before at least 60 days after the interview -- and more likely only after a delay occurring after the 60-day mark.

Sorry about the link. Here's the right one: https://travel.state.gov/content/travel/en/us-visas/employment/visas-canadian-mexican-nafta-professional-workers.html. Hopefully, the company is willing to change the job title or create a new one, if they want you to be able to get a TN visa. They need to understand that the requirements are different among various visa categories and, if their documentation doesn't match a specific visa's requiremrnts, it's not the visa requirements that will have to change -- it's theirs!

B As I understand your post, a company posted an Engineering job you thought you had the background for, but your degree is in Geophysics, not in Engineering. Therefore, you didn't qualify for TN status for the position since you did not have the right education -- an Engineering degree. If that is not what you meant, please clarify so you can get a better answer, as the following may or may not apply. For TN status, you must meet the professional requirements, including education, of the position for which you are seeking the TN entry. (See the final bullet point under "Eligibility for NAFTA ProfesSDional (TN) Non-Immigrant Status" at https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm). Bottom line, if a company says on a job posting that they need an engineer, a TN applicant needs an engineering degree. It doesn't matter how O*NET would describe or label the position -- it's how the company describes what they want/need. There may be a specific reason they've listed it as an engineering position (licensing requirements, sub-contract requirements, HR/company structure requiremments, etc.). A job title is required in the documentation for TN employment/TN status. Basically, what USCIS told you is that if the company is unwilling/unable to change the job title to one that fits into the TN structure, you will not be approved entry under TN status. (See the list of qualifying professions at https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm). Hopefully, the company has the flexibility to change the job title to a more appropiate one that is on the TN list.

Perhaps you posted this to the wrong thread?

(The following is not only for the OP but also any others who might have questions about the two-year home residency requirement. Hope it helps clear up questions). There are three ways you can be subject to the two-year home residency requiremment: Government funded exchange program (funded by either the US or J1's country of nationality or last permanent residency); Graduate medical education or training (J1 entered US to receive such education or training); Specialized knowledge or skill (J1 is a national or permanent resident of a country that has listed the J1's specialized knowledge/skill area necessary to the development of the country, as listed on the Exchange Visitors Skill List (EVSL)). See "Two-Year Home-Country Physical Presence Requirement" section at https://travel.state.gov/content/travel/en/us-visas/study/exchange.html. The first two areas listed above apply to all J1 vIsa holders. The Exchange Visitors Skill List (EVSL) -- that may apply based on specialized knowledge by nationality or permanent residency -- can be accessed at: https://www.federalregister.gov/documents/2009/04/30/E9-9657/2009-revised-exchange-visitor-skills-list. The EVSL is a list of specialized knowledge skill areas organized into general groups. (Health professions, for example, are Group 51 and Medical Residency Programs are Group 60). Following Group 60 -- the last skill group listed -- there is an alphabetical list of countries that show which of the EVSL skill code groups or individual skill codes apply to that country. The list of all the countries with EVSL areas specified by that country is found at: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html. If your country is not on this list, you do not have to even look at the EVSL to see if your area is included, so check this list first and save some time if your country is not listed! OP: With the information you provIded, it cannot be determined whether "my country and profession" would make you subject to the two-year residency requirement. I assume when you said you are a "doctor in the UK" that you are likely a UK citizen. However, if you are some other nationality living and practicing in the UK, you can only use the UK as your "home country" for J1 purposes if it is your permanent residence (i.e., you have ILR). Otherwise you need to use your country of last permanent residency -- usually your country of nationality. You did not indicate the likely funding source for a J1 program. If it is government funded -- in whole or in part -- as indicated in the first criteria that apply to all J-1 Visa holders, you would be subject to the two-year residency requirement. You also do not specify what the purpose of your J1 visa entry would be. If it is for additional graduate level medical studies, then you would, in fact, be subject to the two-year residency requirement, as it falls under the second general area that applies to all J1s. If it is some other medical area, such as research, it may not automatically subject you to the two-year requirement. Finally, if you are a UK citizen or have ILR in the UK, there are no specialized knowledge areas that would make you subject to the two-year residency requirement. If you are not a UK citizen or do not have ILR, you would need to check the list for your home country's nationality. (Note: Most countries on the list do, in fact, include Group 51 and 60 on their country-specific lists).

A Consular Report of Birth Abroad (CRBA) can only be issued up until the child is 18. But, after the age of 18, if the child was a US citizen from birth -- through meeting the requirements for a CRBA -- they don't lose that US citizenship. They can apply directly for a US passport, submitting all of the documentation needed for a CRBA application along with the passport application. OP, assuming you were born in wedlock, prior to your bIrth was your US citizen parent physically present in the US for a total of 5 years, 2 of which had to be after they were over the age of 14? All of the time they were in the US, even on short visits, would count. If so, you likely acquired US citizenship at birth and can apply directly for a US passport at the US Embassy. [NOTE: If born out of wedlock the amount of physical presence may differ, depending on which of your parents is the US citizen.] If you think you qualify, you should look at the Embassy's website for the CRBA application requirements. You would need to supply similar documentation of your parent's US physical presence with a passport application.

You have to use the MRV fee receipt within a year to schedule an interview appointment. That appointment can be after the year has passed (i.e., after one year after the date on the receipt). To use your example, you pay the MRV fee on 12/30/2022. You need to schedule your interview prior to 12/30/2023. The interview can then be in 2023, 2024, 2025 -- whenever the appointment is available.