jan22

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.

This is not true. CSPA is applicable to F2A children when their LPR parents petition for them, not just derivatives.

The Consulate has no authority over approving or denying Humanitarian Parole. That Is a USCIS process. (Note: The Consulate may be involved in issuing a travel documment for the HP, but that is after USCIS has processed and approved it.) Review the "Requesting Parole for Children" at https://www.uscis.gov/humanitarian/humanitarian-parole/guidance-on-evidence-for-certain-types-of-humanitarian-or-significant-public-benefit-parole-requests. It directly addresses the issue discussed here.

It counts if it is not just physical, but also legal, custody.

How much was tbe charge? I would contact the credit union to get more information about the source of the charge to verify it and ensure it is a valid charge. USCIS has nothing to do with " visa processing" -- that is the State Department's role and only begins after the I-129f is approved and the case forwarded to NVC, where it is then forwarded to the Embassy.

Prior to 1994, someone who naturalized was expected to intend to live permanently in the US per Section 340 of the INA. If they moved to a country outside the US within one year of naturalization, it was considered prima facie evidence of a lack of that intent, and was grounds to "denaturalize" the person. However, this was removed from the INA in 1994, in Section 104 of the Technical Corrections Act. The cited 1964 case law on the residency rights of natural born vs naturalized citizens was, obviously, decided prior to the 1994 change to the INA on the grounds that natural born citizens could not lose citizenship because of overseas residency. The amended law now makes clear that residing overseas is not grounds for losing US citizenship. I don't believe that narrow decision on the law plays a part in changing the requirement to be a "natural born" citizen (i,e., those who were born as US citizens, with no need to naturalize) to run for President. That is a constitutional requirement (Article II, Section 1, Clause 5), although he claims he can overcome that requirement on constitutional grounds. I'm not sure how any court can declare the Constitution to be unconstitutional, so I don't know how he's planning to be successful, but..who knows! There certainly is not enough time to propose and pass a constitutional amendment to change that provision prior to the next election.

Good...there are enough things to cause heart attacks during this process -- but this isn't one of them! Not sure current processing times for green card -- a few weeks, I believe. But, the stamp she will receive at the POE to "endorse" her visa will serve as proof of her green card status for a year, so she'll be good to travel when she needs to.

But I believe your MIL is not "already in the US", right? The approved I-130 will allow her to apply for the IR-5 immigrant visa -- at her November interview. When she enters the US with that visa, she immediately is an LPR. No I-485 needed.

You used the term "deported". Terms are important. If you were, in fact, deported or given expedited removal, you likely cannot enter the US for 5 years without a waiver. If, however, you were allowed to withdraw your application for admittance, you have no ban on entering the US and will not need a waiver. Since your Iawyer interacted with CBP to try to get tbe record corrected, he/she should know whether you were deported or removed versus allowed to withdraw and, therefore, whether you need a waiver or not.

Your age would not disqualify you for a visa for a J-1 internship. Your nine years of experience would. The J-1 internship exchange program requires the candidate to be a current student or within 12 months of having graduated. The whole purpose is to gain real life experience while also experiencing the US business culture. See https://j1visa.state.gov/programs/intern-program for more infornation.

The HRR only stops a person from being approved for certain work visas and immigrant visas. It does not prohibit tourist visas for visits to the US or student visas for additional study in the US, for example. But, at the end of the time in the US, the expectation is for the person to return to their home country. While in the US, there is no restriction on activities (except crimes, of course!) so the US government is not going to stop you from getting married -- but there still is the presumption that you will leave the US at the end of your authorized stay to fulfill the obligation you agreed to when accepting the J-1 program participation. ( And, BTW, you are right -- it can be done cumulatively, not all at once). Nobody here can say that it is safe to assume the only reason for the denial of the waiver is just because of the US government funding. That is most likely at least part of the reason. However, you haven't said under which basis you applied for the waiver. Each of them have specific information that must be submitted. For example, if you filed on the basis of "Extreme Hardship to a US Citizen Spouse or Child" --which is the most common basis used -- you must have already filed an I-612 waiver with USCIS. USCIS sends its determination that there would be extreme hardship (beyond the "mere" separation from spouse or child) to the Waiver Review Division at the State Department. If USCIS does not find that you have identified extreme hardship and, therefore, does not approve the I-612, the State Department would not be able to approve the HRR waiver. If you haven't already done so, I would encurage you to read the State Department information on waiver of the HRR carefully: https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/how-to-apply-waiver.html#hardship.

Not sure exactly what your question is asking, but will try to clarify and see if it helps. Some J-1 visas have a Home Residency Requirement (HRR) that requires them to return home and spend two years physically present in their home country after completing their J-1 program (per Section 212(e) of the INA). That requirement should have been noted on her visa. Until that HHR is met, or a waiver of that requirement is approved, the J-1 visa holder is not eligible for certain non-immigrant work visas or any immigration visas. The J-1 is a cultural/educational exchange program -- the J-1 recipIent is going to the US to gain knowledge and experience to take back to tbeir home country. Because of that purpose, some HHRs are because the home country wants the person to return and share/use their experience. Therefore, getting a No Objection Statement for a waiver of the HHR is a part of the application process for a waiver of the requirement. It is, however, only one part of the waiver process. The US side of the exchange must also agree to waive the HRR. Usually, when the home country does not object, the US government approves the waiver. However, when US government funds were used to support the J-1 program, it is very unusual for the US to agree to a waiver, and the J-1 recipient is required to fulfill the HRR prior to immigrating to or adjusting status in the US.