jan22

Depends on what the drug conviction was for as to whether there is a waiver possibikity.

And, to answer the original question, if denied under 6C1 or 6C2, you are ineligible to enter the US, no matter your nationality, without a waiver of that ineligibility until you are 99 years old, so it is usually referred to as a permenent ineligibility.

There is something more to this. If I understood what the OP has said, he entered the US with a visa issued in 2014 and, while in the US, he used the opportunity to enter Canada illegally where he then claimed asylum. Subsequently, he applied for a new US visa in Canada 2018. (He has not responded to questions about his previous nationality, but there is a good possibility that the 2014 visa was still valid -- many are issued for 5 or 10 years -- so why apply in 2018?) He then seems to say, if I understood, that the visa was denied under 6C1 for his illegal entry into Canada from the US. That makes no sense and is not a reason for a visa denial under 6C1 -- the US does not make that finding based on violation of another country's immigration laws. (NOTE: It would make sense if the ineligibility finding was 212(a)(6)(C)(ii) aka 6C2 -- false claim to US citizenship when he entered Canada). So, there are still some holes in the story. And, BTW, there is no way the interviewing officer "...threw my passport back at me..." -- not possible to do through a hardline interview window!

He will need to apply all over again -- no way it can just be replaced. The Embassy/Consulate will have a record of his card, so a copy will likely not be necessary.

Assuming the F1 of whom you are a dependent is still in the US and in F1 status, you may enter with the F2. A change of status does not affect the validity of a visa -- but to use the visa for admittance in the previous status, you must meet all of the original requirements. However, you absolutely cannot then continue to work/conduct the business that you were doing while in E2 status. And, just in case you thought this might work -- it is unlikely that you could enter on the F2 and then apply for and have approved another COS to E2. USCIS would likely deny the COS and determine that you misrepresented your intent at the Port of Entry -- which would be true.

There is never a guarantee of entry into the US. But, in your case, the probability of being admitted is the same whether you travel in April or May. It is highly unlikey the the Embassy will spend the time and resources to reissue a 1-entry visa that is still valid for travel as-is.

You can travel with the visa as issued. Just take the information with the original dates and the updated schedule change information to show it us the same training and the presenters changed the date -- so date change was outside your control.

Another issue with IAD is that international flights usually do not arrive at the terminal. You deplete into a "people mover" which does not leave plane-side until it is full. This can easily add at least 20-30 minutes to the stated arrival time before you can even begin the official papaperwork and baggage process.

If that is sll you have, it's pretty weak. Neither of these two things can be directly tied to you and your fiancee meeting one another. Yes, you bought a ring -- but the receipt doesn't show for whom, if anyone, you bought it for. And, even if it did, it doesn't show you were together at the time of purchase (which you weren't, were you?) or anytime before or after the ring was purchased. An airline ticket alone shows nothing other than you bought a ticket. Together with a boarding pass, it shows you travelled to Pakistan. What do you have that puts you in the same place and time as your fiancee?

It is unlikely that a C1 would be issued when it is not the usual, logical flight pattern to get from Point A to Point B. As others have said, since the requirements are exactly the same for a C1 and a B1/B2 visa, it makes no sense from a consular officer's viewpoint. Since the starting point for either visa adjudication is the assumption that the applicant intends to go to the US and stay, they need to not only be convinced that there are strong reasons to leave the US (and, no -- onward tickets are not a strong reason), but also that a transit visa is needed for the travel itinerary. Since there are, clearly, several routes from Cali to Puerto Vallarta that do not require transiting the US, it will be difficult to justify why one is needed. This can also appear to be an attempt to "game the system" and using a C1 appointment -- which is much quicker to get since they are usually needed/used by crew members to get to their immediate assignment -- to get into the US quickly and avoid the long wait for a B visa interview.

There is no annual limit for non-immigrant visa issuance for any country -- totally depends on the number of qualified applicants. Please use the space bar!

I'm coming into this discussion late, but have read the entire thread carefully. At the risk of repeating what others have already said and of being thought to be negative in my response, I would like to review and perhaps clarify a couple of points from immigration's point of view.. "They" are not saying she was already legally married to another person -- SHE said in 2018 and 2019, under penalty of perjury, that she was married to Mr. B. USCIS is informing you that the earlier marriage was unknown at the time the I-130 was approved and are now giving you the opportunity to show the legal termination of that marriage. In order to move forward, you must show how that previous marriage ended so she was free to marry you. While an agent filling out the 2018 form might lead to credible deniability of the misrepresentation on her part, the fact that she repeated this on the 2019 application and added to it by saying her husband was going to pay for her studies, demolishes the idea of her being a vIctim of an agent's "mistake". It also makes any claims she makes now suspect; they likely will not be deemed credible. (The old lawyer's trick question of, "Were you lying then or are you lying now?" comes to mind.) Relying on the idea that the current marriage is legally recognized in Rwanda and, therefore, must be accepted as valid by USCIS would mean that if you successfully commit fraud or misrepresentation on your own government (not saying this is the case here, just as illustration), it cannot ever be questioned by US immigration. As others have said, Rwanda can only record marriages legally performed in Rwanda. The Rwandan government cannot know, unless otherwIse reported to them, legal marriages solemnized elsewhere. USCIS will, in fact, recognize your marriage in Rwanda once you document the legal termination of the previously claimed marriage. The US government does not have to prove the first-claimed marriage actually occurred; rather, you have to prove it was legally ended. Proving it never occurred anywhere in the world is a pretty big hurdle. Hope you get things worked out.

Per the OP, she does not have the scholastic or experiential background that would qualify her for an H1, regardless of the family's business and their willingness to pay her. And, should mention that an H1 would not likely be available until October 1st even if she and the business qualified -- long after she left the US.

Note -- this is a State Department notice, not a USCIS announcement. USCIS is not involved with visa applications/interviews. Thought it important to note this, in case someone went looking for additional information -- that they won't find at USCIS.

Of course, even with a positive response from LegalNet, if the baby is born before the visa is issued to your husband, this is likely the only option for speedy processing. I would ask the Embassy now if they would agree to accept an I-130 for your newborn if the baby is born before the is see uance of your husband's visa. They could agree (which would be a relief to know), or ask you to submit the request after the birth. (Or say no, but I think that's unlikely). Asking the question now might possibly catch their attention and help get your husband's appointment scheduled. (As you have already learned, pregnancy is not usually a reason for any sort of expediting, but...). If they accept the I-130, it should be a very quick ptocess. One important thing on your concern about the baby not getting US citizenship like the other children under the Child Citizenship Act, that should not be a worry. The requirement is that the child be admitted to the United States as a legal permanent resident while under the age of 18 and in the legal, physical custody of the US citizen parent. Even if you travel with the baby without an immigrant visa, he/she should be admitted as an IR-2 just like the rest of your children and obtain US citizenship along with them. BTW, in one post you referred to giving birth in a "foreign country", meaning the US. While I fully understand why you said it that way, I would avoid phrasing like that when dealing with US immigration!

As long as one of you was under 18 (i.e., met the US immigration definition of a "child") when your common parent married the parent of the step-sibling, you are right -- you can file an I-130 for them. Clearly, since your step-brother is still under 18, that means you qualify to file for him. HOWEVER, what others are trying to explain to you -- and they are correct -- just because you can file the petition faster than your parents could, it does NOT mean that he will immigrate faster. Parents are, by US immigration definition, immediate relatives (IR-5 category). There are no annual numerical limits for visas for immediate family members. You file a petition for them and once it's proved, it can proceed directly to the Immigrant visa phase. The whole process will likely take between 18 months to two years. Siblings, however, fall under what is called a "Family Preference " (F-4) category. There are Congressionally-set numerical limits for how many immigrant visas can be issued in each Family Preference category during the fiscal year. There are many more people in each category who file petitions for multiple family members than there are visa numbers available every year. This, of course, results in large backlogs of people waiting for a visa number to be available. The F-4 sibling category has the largest backlog of all -- visa numbers are just now available to people for whom petitions were filed in May 2007 -- more than 16 years ago. And as more and more people file, the wait will only get longer. It will likely take at least 20 years before a visa number is available for anyone filing for a sibling today. There will be a wait, too, if your parents file for your step-brother once they become legal residents of the US, as he still will be under a numerically-limited Family Preference category (F-2A or F-2B, depending on his age). But, it will be a shorter wait. Under one of those categories it will likely take about six to 12 years before a visa number is avsilable. A long wait, but less than half the time for a sibling-based petition.. I urge you to learn much more about the immigration process, starting with not just dismissing the information provided here by very experienced people. Read it carefully. Also, carefully study the guides for the different categories found at the top of the page. They contain a great deal of information to help you decide your pathway through the system. Good luck to you!

Assuming you got the standard 6-month stay approved upon your entry last year, and you overstayed by one month, that indicates that you were in the US for 7 months. Then, you applied to re-enter the US after a relatively short time and were denied. Now, only 4 months after the denial of entry, you want to apply to re-enter the US. If this is an accurate summary of your situation, I think your chances of denial of entry is very high, approaching 100%. But I've been wrong before.

There are no "official" reasons that will guarantee filing an I-130 at an Embassy will be approved. There are examples listed, but it is always at the discretion of the Embassy to accept tb e I-130 or not. Filing one for a newborn when the rest of the family is at the visa stage is a valid reason and would be accepted most of the time. You should be able to travel without a visa for the baby. But, it might take some convincing of people along the way. If you want to avoid that hassle on what will probably be a difficult day -- sorry, can't imagine trying to organize travel with nine other people! -- this would be one way to take away that bit of additional stress.

He is probably referring to a visa common in parts of Europe and former colonies also referred to as a "gap year" visa. The US has no equivalent. The length of the program does not control when a student visa is required. A course that Iasts only a few weeks can require a student visa. It all depends on the couse structure and the outcome upon successful completion of it. More importantly, I'm sure your school has clear procedures/requirements for foreign student admittance-- if it has I-120 issuing authority granted by DHS, which it must if it has foreign students. Those procedures should be clearly communicated to him and followed, regardless of what he or anyone else tells you or asks you to do.

As others have said, it will depend on your prospective employer as to what visa processing they want to do. However, if you have the appropriate background and qualify for the UEFA Pro license, it could likely be an O1-A.

Another option is to ask the Embassy if they will accept you submitting the I-130 for the baby as soon as he/she is born and you have the birth certificate or at your family's visa interview if born by then. Then they can issue the immigrant visa for the baby at the same time or very shortly thereafter.

Just to clarify -- for a CRBA, the requirement is actual physical presence (i.e., the hours/days/weeks/months/years) you were in the US. You cannot count any time you spent outside the US for any reason, including vacations or family visits. You need to have 5 years physically in the US, at least two of which must have been after you were 14 years old. How did you get your US citizenship? Did you spend any time in the US for any reason prior to Nov 2011? When in Nov 2011 did you come to the US? And, when did you leave in 2017? All of 2012 through all of 2017 would only be five years -- assuming no travel at all out of the US during that time. Add the few weeks in 2011...but, it will be really close unless you had time prior to Nov 2011.

With the possible exception of he first year, you will not qualify for the foreign income exclusion, as that only applies to income when you are living and earning outside the US. IMO, a main consideration -- for which I believe you should seek professional advice -- is how you can deal with paying into Social Security, Medicare, etc., to protect your future retirement needs (even if that's a long way off).

As the spouse will be entering on an immigrant visa, no I-94 will be issued.

Not with a K-1, which is what they are applying for. The visa means nothing/has no purpose after the visa holder enters the US.