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Sm1smom

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  1. When a translated copy is submitted, you’re required to send a copy of the original version also. Based on your response, it seems like you did not include a copy of the original version with your initial submission. So you need to send in a legible clear copy of the original b/c (personally, I would include another copy of the translation). Note, if you send in the “original” copy itself, USCIS will not return it to you. What they need is a copy of the original version.
  2. OP got interviewed in November because OP is a 2025 DV selectee. DV 2025 interviews already started in October, which is unrelated to DV2024 which ended in September 2024.
  3. Your family members got approved while your own case is pending, which is otherwise known as undergoing Administrative Processing (AP).
  4. DV2025 cases will not show up in CEAC before January 2025.
  5. OP - It isn’t unusual for someone who entered on an immigrant visa to receive a biometric notice after their arrival. This happens when there’s an issue with their previously captured prints or picture (from the embassy), which makes them unusable for the GC production. Their GC cannot be produced without their biometrics being recaptured. This is what is going on with your wife’s capture, there’s nothing to be alarmed about IMO.
  6. The instruction is to include passport photo of each mentioned/listed family member.
  7. Agreed. Again, OP’s argument about not having accrued an illegal presence is irrelevant “to his defense/claim” at this point since they already departed from the US. Adding the quoted section for clarification.
  8. Do re-read my response in the context of which it was posted. OPs argument about not having accrued an illegal presence because they had a D/S duration is moot since the OP already departed from the US, I’m basically saying his argument holds no water. My post was not about the bar triggered by the OP following their departure.
  9. OP - yes it is true for a student on F1 with a D/S admission to fall OOO without accruing an illegal presence for as long as they remain in the US. However, the conversation as to if you accrued an illegal presence or not is moot at this point since you already departed from the US.
  10. Apples and oranges. My post wasn’t about if the OP would still have a valid petition or not. It was about addressing the misinformation about needing an EAD to work for a foreign employer while outside the US.
  11. OP never said anything about working remotely inside the US for a foreign employer though. Leaving the US to go work in Colombia is not working remotely for a foreign employer. So why would the OP need an EAD to work in Colombia if they depart from the US (with an approved AP) while their AOS is pending?
  12. The possibility of your being a derivative of your mom’s F4 application is a non-issue at the moment considering your mom’s priority date is still pending. So again, you do not currently have an immigration case based on the I-130 petition filed for your mom.
  13. OP - you have no pending “visa” or any other pending application as a matter of fact. Even your mom has no pending “visa application”. What your mom has is a pending petition filed on her behalf by her sister. You may apply for a F1 visa, or any other NIV you wish to apply for. Your application will be reviewed on its own merit and adjudicated accordingly. Your own totality of circumstances will be used in making a determination as to your eligibility for an approval or otherwise. As a matter of fact, there are known folks with approved I-130 who successfully obtained NIVs while waiting for their priority dates to become current. So yes, it is still possible to obtain a NIV with a pending or approved I-130 if the applicant is able to convince the CO of their current ties to their home country and their plans to return at the end of their authorized stay in the US.
  14. Considering Part 8 Q.16 of the I-485 specifically asks applicants “Have you EVER Worked in the United States Without Authorization” and Q.17 asks “Have you EVER Violated the terms or conditions of your nonimmigrant status?” - is your friend planning on answering “NO” to those questions considering he/she will be swearing and certifying under penalty of perjury to the accuracy and correctness of the information contained on the form? Note, those questions are not asking about violations from most recent admission into the US.
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