EmilyW

I think this is a great plan. Americans can pretty much stroll in anywhere: that is our superpower and we should use it more often. I'm honestly disappointed I haven't used it more.

Bank of America is also more immigrant friendly than most.

Please keep us updated. A sibling petition actually coming to fruition is rare (due to extended timelines). I know I would LOVE to hear how this turn out!

I'd do the re-entry permit and just delay your naturalization until you return to the US to live. There's no way the old 'turn up every six months' trick will pass muster for continuous residency.

I wonder if this is one where Hacking might be a good initial resource for advice? https://www.youtube.com/@HackingImmigrationLawLLC

Up until September 30, yes. After that, your application won't proceed.

I have no advice. Just wanted to say congratulations to you and the missus!

I went back and checked and yes I did: Have been a lawful permanent resident of the United States for at least 5 years.

I was in this exact situation, albeit I was Diversity Lottery and received my Green Card through my (now) ex husband. Brought my divorce decree and the USCIS man didn't even look at the original. You should be all good!

Entering the US on a non-immigrant visa (or equivalent) with the intent to adjust status is illegal / immigration fraud. Fire that lawyer.

Trust and believe that a simple spreadsheet detailing all travel comes in so handy when it's time to naturalize. Did it myself and am so glad I did, as I travelled alot for work during those LPR years and would not have remembered each and every trip.

I posted that link as I assumed the US would want a document that is legally recognized in the country of origin, regardless of where a minor is travelling. Good luck!

Would this help? Argentina International Travel Information (state.gov) Special Entry/Exit Requirements for Minors: A parent or guardian traveling alone with a child under 18 who resides in Argentina must present to Argentine authorities a legalized permission letter in Spanish (Autorización de Viaje) from the nonaccompanying parent upon departure from Argentina. Either parent may prepare an authorizing letter for the other parent to travel abroad with the child in case of emergency. (Please see the Argentine immigration website for more information). A local notary public (called an escribano in Argentina) may prepare the autorización de viaje letter. If this notarized authorization is prepared in the United States, Argentine authorities will require an apostille from the United States in addition to the notarized authorization. Please see this link for more information about an apostille: Apostille Requirements. For children born in the United States and are residents in Argentina, Argentine Authorities will require the U.S. birth certificate to be apostilled and translated into Spanish by a certified translator.

The following is the link I was basing my comment on, for information. Also, please note my use of the word 'can' not 'does'. What is a Mandated Reporter? (namr.org) 'While the term mandated reporter is most often associated with persons who have a responsibility to report suspected child abuse, it can also refer to someone who reports abuse of adults, elderly persons, dependent adults, and adults with disabilities as well'.

OP, did she report this to the police, and does she have the police records? Also, medical personnel are mandated reporters and this can extend to adults where the adult is vulnerable to abuse (I'd assume a new immigrant would fit that category). Did the medical personnel who treated her report the abuse?

My son has autism, it was documented in the medical report with the comment ('unlikely to gain employment' - what a jacka** that doctor was), and there were no issues. I really don't think the autism is the issue.

Is there an age gap?

I'll defer to wiser heads, but would the border guys sees the intent to adjust status in her record if/when she tries to re-enter? If so, your mom's entry may be more difficult next time around, because they will know she is entering with the likely intention to adjust, like the first time. It might be easier just to do things the right way and use consular processing.

Here is the section that identifies how you meet the requirements of being a US Citizen on the basis of a parent's naturalization: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4 Go straight for the N-600 or get yourself a US passport (which also can serve as proof of citizenship).

If you want to expedite the process, file electronically on 8/21. It will be received instantly and you won't have to worry about mail delays.

When do you intend to move? Within the year, you should be fine. I stayed out 8 months after the activation, but maintained an address, bank accounts, and completed my taxes. I'd suggest you do something similar. Out of interest, why is schooling out of your control? Does Canada have a different school year to the US?

We are trying to piece together ALL the facts, because while you think the past is the past, the past is a significant contributing factor to what you do next. You made a choice to stay in the US. You then made a choice to leave the US, incurring a ban. Your choices have consequences (i.e. the need for a waiver, your child's mental health with you leaving him/her for over two years to stay in the US) but nothing is insurmountable and a logical, rational approach will get you where you need to go. As advised, hold the kids' visa back. Get yourself a lawyer to help with the waiver. I suspect this won't be quick or easy, but it's doable. And, as I previously suggested, maybe he can move to you guys in the interim.

I think that, with a CR1 already in play, you cancelling it and trying for a B2 could be seen as an attempt to circumvent the CR1 wait times. That is, she enters as a tourist and you adjust. Based on what you've said, that's not the plan, but being able to clearly articulate her ties to Indonesia will be important.

I showed up with the printed letter and it was not an issue. If you're worried about the previous address, bring a copy of the change of address form.

I think you have been given good advice to delay your petition, so your children and you won't be separated. Alternatively, is there a way your husband can move to you while you guys wait this out?