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Everything posted by Dashinka
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I-751 Questions for our case
Dashinka replied to Janelle K's topic in Removing Conditions on Residency General Discussion
Wills and Living Wills are an option. Good Luck! -
I agree, of course with the DoS, it would be hard to use SAVE as natural citizens are not included. Hence someone has to send in a BC, or CoN, or parents CoN, or CoC to get a passport and face the possibility of losing it via our mail system and the subsequent N565 fee ($505/555). As an aside, back in 2018 when my wife naturalized, the passport office/agency attended the ceremony and extended the offer for newly naturalized citizens to come to their office to apply for a passport within the next 30 days, without the need for immediate travel plans, and not requiring one to relinquish their CoN. My wife and I went the next day as her ceremony was in the afternoon and the passport agency was already closed by the time the ceremony was finished, they copied her CoN, and had a supervisor approve the copy, and since then my wife's CoN has not left the safe. COVID seemed to change that and at a recent naturalization ceremony I attended for my cousins (also in Detroit), there was no passport agency reps there, and I understand you can only go to a passport office agency in an emergency.
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Interesting read. What piques my curiosity is if a child derives citizenship through a parent's naturalization, isn't that child also recorded in the SAVE database as a derived citizen? The posted review seems to indicate that only happens when the child gets an CoC via an N600. The discussion on fee increases, waivers issued, etc. was very interesting indeed going from $160 in 1998 to $600 in 2010 to $1170 in 2016 to now $1335/1385 depending on online vs paper filing, a massive increase in 27 or so years.
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Petitioning sibling alone ?
Dashinka replied to Voilet's topic in Bringing Family Members of US Citizens to America
I assume you are a USC thinking about an F4. If a correct assumption you file an I130 for your sibling listing all their immediate relatives. Derivatives, if still eligible after the wait for the F4, will also get a visa (i.e. minor children, or children that did not age out, and spouse). -
You need to be careful with the first sentence, you are suggesting that a minor that naturalizes as a derivative of a naturalizing parent is no longer a valid USC when they turn 18. That of course is not true by any means, the child retains their citizenship and the DoS has the basis for that citizenship along with copies at USCIS. Think of this scenario, a person is a minor (let's say 10 yrs old) when their parent naturalizes, but the parents do not apply for a US passport or a CoN. When that person turns 18 and decides to get a passport, what proof will they use? I believe they can still use the parents CoN even though they are now over 18. As to your second sentence, would you expect these types of folks to treat a CoN any differently? The long and short of it is for many folks the thought of paying close to $1400 for a piece of paper when a passport book or card are considerably less (~$200) is an easy decision. In the end it is up to the parents (if the person is still a minor) or the person themself when they turn 18.
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Personally I am not buying or selling following the N600 process. I am curious as to how losing a passport while abroad will be solved by having a CoN back home in a safe? Are you traveling with the CoN? Also, the DoS has a basis for issuing anyone a US passport, in my case it was a poor copy of my BC, and in the case of a minor that derives USC status through their parents naturalization it is the CoN of the naturalized parent. Does the DoS lose that basis if someone regularly renews their passport? I tend to agree, the cost of the N600 is outrageous, why not just let the minor child go through the N400 process themselves, it is cheaper.
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Only 3 years left. Buy guns and ammo, plant a crisis garden, and make peace with God. Only 3 years left – new study warns the world is running out of time to avoid the worst impacts of climate change Our dangerously hot planet Although last year’s global temperatures were very high, they were also alarmingly unexceptional. The data speaks for itself. Continued record high levels of greenhouse gas emissions have led to rising atmospheric concentrations of carbon dioxide, methane and nitrous oxide. The result is rising temperatures that are rapidly eating into the remaining carbon budget (the amount of greenhouse gases that can be emitted within an agreed time). This will be exhausted in less than three years at current levels of emissions. https://theconversation.com/only-3-years-left-new-study-warns-the-world-is-running-out-of-time-to-avoid-the-worst-impacts-of-climate-change-261229
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What reason did you select for filing the I90? Did you choose 2.d. to correct the date issue on your sons GC or 2.f.? I tend to agree, you may want to consult with a lawyer as there are two issues here, first the GC appears to have been issued to your son with the wrong expiration date. Like yours, it should have been a 10yr GC. Also, you were required to update his GC when he turned 14 (item 2.g. on the I90). I am not sure what to do first. I think a new I90 filing with the correct reason would be warranted as I think an I290B would be a waste of time especially if you did not select 2.f. as the reason for the denied I90 filing (just because an I90 is filed, USCIS does not mean they will correct other issues). Good Luck!
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Filing for a naturalization certificate (CoN) is up to you, or eventually your son after he turns 18. There is no requirement to submit an N600, and having a US passport and/or a US Passport card is fine for proving USC status. There might be some jobs working for the government that may still require a CoN, but other than that there is no reason to spend money for a piece of paper that will essentially sit in a safe. I would suggest getting him both the passport book and the card. Good Luck!
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To the best of my knowledge, there is no requirement to stay in the US for the processing of the ROC. The I751 has to be sent to a US address, and of course they would need to deal with biometrics if required, and come back for an interview if necessary. That being said, I only suggested it as an option if the OP isn't certain with a permanent relocation outside the US.
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Another option would be to file the I131 for a re-entry permit. This allows you as an LPR to stay outside the US for up to two years, that way you can see if you want to stay in your home country, and if after a year or so you decide you do not want to come back to the US on a permanent basis, file the I407, give up the GC, and try for a B2. The B2 might be tough with an overstay on your record, but it is not inevitable that it will be denied.
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Well technically he does not qualify yet as doesn't the B2 visa needs to be within 12 months of the expiration date? That being said, sure, I would apply as soon as the 12 month window opens according to his convenience. As an aside, I know for USCs applying for visas for other countries, often it is good to check the validity period of the visa against the amount of time one has on their passport. I did not do that back when I last applied for a Russian visa (c. 2020). I applied for a 3yr multi-entry visa, but only had two years left on my passport, so the visa was only issued for two years even though the US will return old passports to the USCs to allow for visa usage. Anyway, I should have applied for a new passport prior to the visa application to get full return.
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Already discussed here. You can file the I129F to ostensibly petition for a K3, few are issued these days, but there are some. There is also some anecdotal evidence that an I129F filing with a pending I130 may jump start things, YMMV. Good Luck! P.S. I asked a moderator to merge this with your existing thread.