jan22

A child must be in the LEGAL guardianship for 2 years prior to immigration.  More importantly, the child must be under 16 at the time of immigration to qualify.  As he is already 17, I don’t see how he can immigrate with her.

Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant - INA section 214(b) https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html
 
Basically what we see is embasssy will deny if the person has no income,  does not own property to tie the person to the home country.   Having family there is not a  strong tie as we all have family in our home country and have left
also,  ties to a USC friend or family here makes stronger ties to remain in the USA.
 
I, myself, have family in Morocco that i support / my wife is there now to find a live- in care giver for mom and new apartment as mom is loosing eyesite and needs ground level or elevator .   this being said many of us take care of parents while in the US so being mom's caregiver is not going to "cut the mustard"     It actually works against u if u need to be in UK to care for her
 
As far as supervisor review it means a supervisor will check documents and all notes made by the CO making sure the CO has doted all the i's and crossed all the t's / the review will not be to check to overcome the CO decision.   it is to confirm the CO decision 

A child must be in the LEGAL guardianship for 2 years prior to immigration.  More importantly, the child must be under 16 at the time of immigration to qualify.  As he is already 17, I don’t see how he can immigrate with her.

A child must be in the LEGAL guardianship for 2 years prior to immigration.  More importantly, the child must be under 16 at the time of immigration to qualify.  As he is already 17, I don’t see how he can immigrate with her.

The supervisor review did not occur prior to your interview. There would be nothing for a supervisor to review until a decision was reached. It is clear that the supervisor reviewed it prior to the refusal statement being given to you.  The supervisor has reviewed the decision and has agreed with it, so there really is nothing that remains possible for a visa from this application.  
 
You will need to apply again to have any possibility of getting a visa.  The 214b cuts off any waiver application, so to get any visa you will need to not be refused 214b on any visa application and then —assuming you still have a 212a2A — you can apply for a waiver.  (I can’t believe that a burglary charge has a maximum sentence of less than 12 months, but if so, you might convince them that the 212a2 finding should be dropped).
 

The supervisor review did not occur prior to your interview. There would be nothing for a supervisor to review until a decision was reached. It is clear that the supervisor reviewed it prior to the refusal statement being given to you.  The supervisor has reviewed the decision and has agreed with it, so there really is nothing that remains possible for a visa from this application.  
 
You will need to apply again to have any possibility of getting a visa.  The 214b cuts off any waiver application, so to get any visa you will need to not be refused 214b on any visa application and then —assuming you still have a 212a2A — you can apply for a waiver.  (I can’t believe that a burglary charge has a maximum sentence of less than 12 months, but if so, you might convince them that the 212a2 finding should be dropped).
 

That’s really odd. Were you a USC when you petitioned him? Does he have any citizenship other than Canadian? Any criminal record? 
 
When you say the lawyer has ‘submitted 2 delay requests’ what do you mean? Did he just enquire, or submit a form for the case being outside normal processing times? 
 
I agree with the above. Time to contact your congressman and/or file a WoM. And fire your lawyer, because he should have suggested doing both of those a long time ago. 
 
Just FYI, you haven’t applied for your husbands green card. The I-130 is only the first step in a 2 part process, once that’s approved he’ll then apply for his immigrant visa (and get a GC when he enters the US on that). 

Best of luck to you. 
 

I am writing to request an urgent humanitarian expedite for our case.
My father is a 74-year-old Lawful Permanent Resident of the United States currently living with us in Mexico. He is facing serious medical difficulties and his health is declining. He needs the care and quality of life he can only receive in the U.S. Furthermore, he has funds in his Social Security account that we urgently need to access to cover his needs, but we cannot do so unless we cross back to the United States.
Background of the Case: In 2019, we had an interview where residency was denied because my mother required waivers. We attempted to file them, but we were scammed by an attorney and lost all access to the case. Since then, we have been unable to move forward.
Request for Independent Processing (CSPA): Due to my father’s urgent medical state and our mother's pending situation, we wish to proceed with our process independently from our mother. My siblings and I were minors when the case was opened and when we attended the consulate. We are requesting protection under the Child Status Protection Act (CSPA) to travel and care for our father in the U.S.
We are desperate to provide my father with a better life and the medical attention he requires. We look forward to your guidance on how to move this process forward urgently.

Background:
I am a dual citizen of Italy and Jordan. I have been a resident of Jordan for the last 10 years, where I also currently work in hospitality. I recently applied for a J-1 Visa (Hospitality Trainee) at the U.S. Embassy in Amman and was refused under Section 214(b). The officer felt I did not demonstrate sufficient ties to Jordan.
The Current Situation:
Since the refusal, I have received a full-time job offer in Bolzano, Italy, as a Chef de Rang. I am planning to move to Italy this month to accept this role. My J1 sponsor has informed me that I can re-apply for the visa in February.
My Questions:
Nationality vs. Residence: As an Italian citizen, can I legally interview at a U.S. Consulate in Italy (Milan/Florence) instead of returning to Amman? The State Department website says "Nationality OR Residence," but I am worried that having a recent refusal in Amman will make an Italian officer see me as a "Third Country National" since I haven't lived in Italy recently.
Significant Change in Circumstances: If I re-apply in Amman, does having a prestigious full-time job in Italy count as a "significant change"? I want to show that my professional future is now in the EU/Italy, which provides a stronger reason for me to leave the U.S. after my program.
Consulate Shopping: Does switching the interview location to Italy right after an Amman refusal look like a red flag (Consulate Shopping), even if I am a citizen of that country?
Residency Ties: If I interview in Italy, will the officer be frustrated that they can't verify my 10-year history in Jordan?
I am trying to determine if it is safer to fly back to Amman for the second try or if my Italian citizenship makes the Italian consulate a better option for someone who has a "European" career path.
Any advice from dual citizens or hospitality professionals who have moved between consulates would be huge. Thank you!

Just to clarify, the OP obviously read directly from the visa and combined two information fields — Visa Type and Visa Class (printed on the visa as “Visa Type/Class”).  The Visa Type is either an “R” or “D” (Regular or Diplomatic).  
 
The Visa Class, in this case, (which is what most people focus on when asked what type of visa it is) was B1/B2.  A religious worker visa would be an “R” for the Visa Type and an “R1” for the Visa Class.

Just to clarify, the OP obviously read directly from the visa and combined two information fields — Visa Type and Visa Class (printed on the visa as “Visa Type/Class”).  The Visa Type is either an “R” or “D” (Regular or Diplomatic).  
 
The Visa Class, in this case, (which is what most people focus on when asked what type of visa it is) was B1/B2.  A religious worker visa would be an “R” for the Visa Type and an “R1” for the Visa Class.

Just to clarify, the OP obviously read directly from the visa and combined two information fields — Visa Type and Visa Class (printed on the visa as “Visa Type/Class”).  The Visa Type is either an “R” or “D” (Regular or Diplomatic).  
 
The Visa Class, in this case, (which is what most people focus on when asked what type of visa it is) was B1/B2.  A religious worker visa would be an “R” for the Visa Type and an “R1” for the Visa Class.

Just to clarify, the OP obviously read directly from the visa and combined two information fields — Visa Type and Visa Class (printed on the visa as “Visa Type/Class”).  The Visa Type is either an “R” or “D” (Regular or Diplomatic).  
 
The Visa Class, in this case, (which is what most people focus on when asked what type of visa it is) was B1/B2.  A religious worker visa would be an “R” for the Visa Type and an “R1” for the Visa Class.

Step-parents can file for an IR-2 for their step-child if the age requirements are met (child under 18 at date if parent’s marriage to petitioner and currently under 21).
 
The 2-year requirement that you are referring to is for adopted children, not step-children.
 
Note:  The child will enter as an IR-2 but only as a permanent resident.  As you, the US citizen, are not the biological parent, the child will not automatically receive US citizenship after entry, if you have read about that in connection with the IR-2 visa.  They will have to naturalize on the same schedule as their permanent resident mother.

Step-parents can file for an IR-2 for their step-child if the age requirements are met (child under 18 at date if parent’s marriage to petitioner and currently under 21).
 
The 2-year requirement that you are referring to is for adopted children, not step-children.
 
Note:  The child will enter as an IR-2 but only as a permanent resident.  As you, the US citizen, are not the biological parent, the child will not automatically receive US citizenship after entry, if you have read about that in connection with the IR-2 visa.  They will have to naturalize on the same schedule as their permanent resident mother.

You didn’t read far enough into the section.  Scroll further down and take a look at the first sentence in 9 FAM 402.2-5(E)(c). 
 
It, basically, says that an applicant coming to merely observe business, professional, or vocational activities can do so on a B1 visa.  Other than meeting the general requirements to qualify for a B visa, the only other stipulation for a B1 observer visa is that the applicant must pay their own way (i.e., they cannot receive any funds from the place they are observing).

You didn’t read far enough into the section.  Scroll further down and take a look at the first sentence in 9 FAM 402.2-5(E)(c). 
 
It, basically, says that an applicant coming to merely observe business, professional, or vocational activities can do so on a B1 visa.  Other than meeting the general requirements to qualify for a B visa, the only other stipulation for a B1 observer visa is that the applicant must pay their own way (i.e., they cannot receive any funds from the place they are observing).

A B1 visa is the appropriate visa for a short-term medical observership.  It does not permit direct,/physical patient contact — it provides only a shadowing experience.

A B1 visa is the appropriate visa for a short-term medical observership.  It does not permit direct,/physical patient contact — it provides only a shadowing experience.

A B1 visa is the appropriate visa for a short-term medical observership.  It does not permit direct,/physical patient contact — it provides only a shadowing experience.

A B1 visa is the appropriate visa for a short-term medical observership.  It does not permit direct,/physical patient contact — it provides only a shadowing experience.

The requirement is NOT “continuous presence” — it is physical presence, that is any time you were physically in the US.  Any time you were in the US — legally, unlawfully, as a visitor, as a resident, as a citizen, etc. — it all counts.  To repeat/clarify — all of the time you spent in the US counts for the 5 year requirement, as well as all the time since you naturalized.  
 
The Embassy is trying to protect your children and ensure that they do not lose their birthright citizenship if they qualify for it.

The requirement is NOT “continuous presence” — it is physical presence, that is any time you were physically in the US.  Any time you were in the US — legally, unlawfully, as a visitor, as a resident, as a citizen, etc. — it all counts.  To repeat/clarify — all of the time you spent in the US counts for the 5 year requirement, as well as all the time since you naturalized.  
 
The Embassy is trying to protect your children and ensure that they do not lose their birthright citizenship if they qualify for it.

The requirement is NOT “continuous presence” — it is physical presence, that is any time you were physically in the US.  Any time you were in the US — legally, unlawfully, as a visitor, as a resident, as a citizen, etc. — it all counts.  To repeat/clarify — all of the time you spent in the US counts for the 5 year requirement, as well as all the time since you naturalized.  
 
The Embassy is trying to protect your children and ensure that they do not lose their birthright citizenship if they qualify for it.

The requirement is NOT “continuous presence” — it is physical presence, that is any time you were physically in the US.  Any time you were in the US — legally, unlawfully, as a visitor, as a resident, as a citizen, etc. — it all counts.  To repeat/clarify — all of the time you spent in the US counts for the 5 year requirement, as well as all the time since you naturalized.  
 
The Embassy is trying to protect your children and ensure that they do not lose their birthright citizenship if they qualify for it.