jan22

I'm sorry -- this is not accurate at all. The DS-2019 is not connected to an F-1 student visa -- it is for J-1 visas.. (Nor is the university the final decision maker as to the applicant's financial ability, but that's irrelevant for this poster). OP: You will receive an I-20 from the university that will show all the expected costs for a year of study. You must show all funds are available for the first complete year of study, and clear documentation of the ability to fund the remaining years. It will be the Consular officer at the interview that decides whether your sponsors are credible and have the resources and actual willingness to fund your education. For example, it is unlikely that they will determine that friends are a credible source of funding and will, in fact, have the funds to pay for your education.

He/She can have biometrics done at any of the VACs in India. The results will be available to the Consulate in Mumbai.

I understand all of that. But, this forum does not provide legal advice nor can guarantee an exact outcome. I would question whether someone else used that exact language and was successful. it does not say, for example, that sbe was fluent in the language the certificate was written in -- it only mentions English fluency. To certify a translation, the translator must attest to tbeir ability in English and [the other language]. However, someone else may have used that exact language, but was seen by an official who either may not have read the certification and seen the missing language attestation and unusual English language usage or decided during the interview that the individual was proficient enough in English to provide a legal translation. The complexity of the document is not the issue. Either someone is sufficiently proficient in the two languages to provide legal translations or not. I am not saying this is the reason why you were asked to provide a different certified translation. But, as you were advising people they needed to use professional translators -- which is usually not the case -- I am saying it is one possibility, so others may be better able to judge what to do in their own case.

There may be a specific reason why they did not accept her self-translation, as opposed to it being a general requirement for everyone. For example, thry may have decided her command of English was insufficient for certifying a translation. The certification statement you attached appears to have a few non-standard English issues. In the statement she, herself, states she is "fluent (conversant)" in English. Being "conversant" in a language usually connotes the ability to understand and carry on conversations, but reading and writing skills are not as strong. It may not be considered fluent for the purpose of doing official translations.

If I have the time line straight, she Spent two years in the US (2019-2021); Spent one year in Mexico (2022), where she was granted a B visa in late 2022; and During 2023, she used the visa "numerous times" to enter the US, including the last trip of 5.5 months. So, during the past four years, she spent more than 2.5 years in the US, and less than 1.5 years in Mexico. And, during all of her trips to the US since 2021, she worked, albeit remotely, without a work permit. And, finally, after her last visit of 5.5 months during which she worked, she was refused a different non-immigrant visa to spend the next few years in the US, after which she now wants to return to the US -- having spent less than a month outside the US -- for another "visit". I did not write this summary to be harsh or unfeeling. I am trying to review it from the immigration officer's perspective and show you that -- even if the B visa is not revoked -- there is every likelihood that she may be denied entry which takes note of her improper use of the B visa to live and work in the US. All of that will make future visas or entries into the US much more difficult.

IF a court determines that an asylum claim was knowingly frivolous -- because it includes a misrepresentation of a material fact -- a very serious consequence can be applied. The person can be permanently banned from ever seeking any immigration benefit for the US I'm not saying that would be the result in your case if you filed, just showing the extreme consequence in place to avoid actual frivolous claims.

I'm sorry, I have no idea how or when the records will be reconciled.

Just to clarify -- NVC has no decision-making role in any part of the process. I'm sure that they said they would seek a decision from the State Department (or Bureau of Consular Affairs). The dilemma is, obviously, a visa should not be issued with a known-to-be incorrect birth date. But, to issue the visa with the newly-established correct birth date would conflict with all of the USCIS records. I don't know, but I suspect the visa will need to be issued with the correct birth date.

The first step in scheduling an expedited visa appointment, which I believe you have already done for the brother, is scheduling a regular appointment. The steps after that are outlined on the embassy's website at https://www.ustraveldocs.com/do/en/expedited-appointment/ . They list recommended documentation for a medical emergency appointment, but what you will need to submit will be slightly different. You will need to, of course, document the seriousness of your husband's condition including the very short timeline that you are facing. The other difference will be the documentation of paymment of the medical expenses. You will not need to document how all of the medical bills for your husband will be paid. Rather, you will document how the payment for the visa applicant's (his brother or whoever is applying for the visa) part in the process will be paid, i.e., how the testing and surgery for that individual will be paid by your husband's insurance. It would also be good to provide a little documentation or description of searches that have been done to find a donor already in the US. The Embassy will also likely want some documentation of the probability that the person seeking the visa will, in fact, be a match. They are not likely to approve a series of expedited appointments for various family members to find a match, for example. I would urge you to investigate all possibilities of getting testing done prior to the visa application to ensure there is the highest probability that a match will be possible. There might be more possibilities for testing in the DR then you're aware of, or there might be a way to get the samples to be tested drawn in the DR and sent to the US for testing. The medical offices dealing with International Services should certainly be able to help you with that information. I'm sorry you and your family are going through this and wish you the best.

How long did it take for USCIS to approve the petition filed by your grandfather for your mother? Depending on how long that took, your brother may or may not have aged out of being a derivative on that petition for your mother. Worth checking to see if his CSPA age is under 21. If your mother files a new I-130 for him after she enters as an LPR, it will be at least 10 years before a visa number will be available and he can apply for the visa. The current Priority Date (PD) for that category is 22 September 2015 -- so people who filed eight years ago are just now being processed for visas. The PD for the category does not advance a full year during any calendar year, so people filing now will be waiting more than 8 years. It's a guess, but I would think 10-12 years is a reasonable guess. And, of course, he needs to remain unmarried.

And, i belIeve her entering on a parent visa (IR-5) will also close out the opportunity of her son being a derivative on the petition your grandfather filed. He cannot be a derivative if there is no longer a principal applicant. Your mother will have to start fresh and file a new I-130 for her son (your brother) after she enters the US as an LPR. Is your mother married or unmarried? If unmarried and your grandfather filed for his unmarried daughter over 21 in 2013 (i.e., 10 years ago), her priority date is current and that visa could be processed and her son could come with her or follow her as a derivative. How old is your brother? If your brother has aged out, and would no longer qualify as a derivative, it doesn't matter what visa your mother uses to enter the US -- it would require a new petition.

Assuming you applied for the immigrant visa to bring your son to the US to live with you in your physical custody, under the Child Citizenship Act, he will become a US citizen immediately after being admitted to the US as a resident. So, yes, he will qualify for you to submit the I-864w.

Hmmmm. It is actually difficult for an error in validity to occur in the passport processing system. Have you gotten the envelope with the documentation submitted with the application back (it is sent separately from the passport)? I suspect there might have been some issue with proof of identity or citizenship that was submitted --maybe it was a copy and they needed an original, or it was difficult to read, or unclear name documentation (identity documents and citizenship documents in different names, with no documentation of the difference such as a marriage certificate), or something else -- and they want additional/original proof submitted. It was sufficient for them to believe her identity and that she is a US citizen, but insufficient for required documentation, so they ussued the limited vaIidity passport rather tban a denial. If so, she should receive some information on how to submit what they need and the passport will be reissued or amended to full validity.

Because a country is smaller, it doesn't mean they will be faster. Smaller countries with fewer cases also have less staff to process those cases (i.e., the level of consular staffing depends on the consular workload of the country). Plus, Djibouti's case load is larger than you might think, as it is the designated processing post for YemenI citizens since the Embassy in Sanaa closed. Hopefully, they will process your case rapidly.

Were the passport applications submitted in the US or at an Embassy/Consulate overseas? Was this a renewal or a first-time passport application?

Not to be negative -- but if you've completed 70% of the HHR (almost 17 months?), you're likely to actually finish the two years before you could submit and get a waiver approved!

In the US justice system, if you were adjudicated guilty, you were convicted. It likely doesn't rise to an inadmissibility for a visa, but a conviction, non-the-less.

As I said earlier, I am unaware of any procedure to repay the cost of a J-1 program. Having such a procedure would actually negate the basic purpose of the J-1 visa program, which is designed to be an exchange program visa -- you bring knowledge/culture/experiences from your home country to the US and take back knowledge/culture/experiences from the US, hopefully leading to better cross-cultural understandings. If the J-1 visa holder doesnt go/take anything back to their home country, the "exchange" portion of the equation is lost. For a short prorated such as yours, you might (emphasis on the "might") get a hardship waiver approved. Good luck!

Usually unlikely, but not impossible. How long was the J-1 progam?

When US government funds are used to fund a J-1, the individual almost never gets a waiver of the two year home residency requirement. I am unaware of any portion of the law/regulations that allow a person to repay government funds spent in support of a J-1 in order to avoid the waiver process -- but, who knows, there may be some legal precedent out there somewhere. I would require the lawyer to provide evidence of the case he referred to, citing the specific area of the law or legal argument that allowed it to be approved. Without that information, I would drop this lawyer immediately.

If your native language is one of the official languages of the country where the interview occurs, it can be in that language. If not, it may or may not be possible -- totally depends on whether there is an officer at post who speaks your particular language.

Are they your biological or adopted children, or are they your step-children? If they are your biological or adopted children, they will acquire US citizenship under the Child Citizenship Act when they enter the US to live with you using their IR-2 visas. You can file the I-864w for them. If they are your step-children, they will not acquire US citizenship under the Child Citizenship Act and you cannot use the I-864w for them.

Yes -- the visa interview is part of visa services. In fact, it is probably the most important visa service. There is no way the Embassy would want to have groups of people -- both applicants and Embassy staff -- making their way through possibly unsafe streets/roads and ultimately gathering in one spot to be interviewed.

Per the Embassy's website (https://il.usembassy.gov/visas/) they are not offering any visa services, immigrant or non-immigrant.

Her status in the US was changed, but once she leaves the US, she no longer has that -- or any other -- US status. She will need to apply for an H2B visa in order to return to the US. She can fill out the DS-160 before she leaves the US, and, if able to pay tbe MRV application fee from the US, she can schedule the visa interview appointment. But there is no way it will be adjudicated until she leaves the US and has an interview at the Embassy/Consulate. They will have questions for her. For example, she should be prepared to explain what she did with/for your family while in visitor visa status.