Sm1smom
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mam521 reacted to a post in a topic:
Biometric Appointment after Visa Appointment?
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JayFromTexas reacted to a post in a topic:
Biometric Appointment after Visa Appointment?
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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.
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The instruction is to include passport photo of each mentioned/listed family member.
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Sm1smom reacted to a post in a topic:
DV lottery Fee question.
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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.
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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.
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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.
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OldUser reacted to a post in a topic:
Amount of time you can be outside the USA with Advance Parole?
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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.
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OldUser reacted to a post in a topic:
Amount of time you can be outside the USA with Advance Parole?
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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?
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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.
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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.
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SalishSea reacted to a post in a topic:
Work violation impact on DV AOS
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petitioner2023 reacted to a post in a topic:
Work violation impact on DV AOS
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JKLSemicolon reacted to a post in a topic:
Work violation impact on DV AOS
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Crazy Cat reacted to a post in a topic:
Work violation impact on DV AOS
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Work violation impact on DV AOS
Sm1smom replied to petitioner2023's topic in Diversity Lottery Visas
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. -
When is your interview scheduled for? May or June?
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The EU being referenced in OP’s question and other responses on this thread are in reference to the European region, as used in DV lottery. The post has nothing to do with the European Union. Let’s not go down the rabbit hole.
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I edited my previous post to reflect Portugal as your country of birth while you were posting the above ^^
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Your saving grace however will be if you’re married, and your spouse is born in Portugal, then you definitely should proceed and claim chargeability to your spouses country of birth (provided your spouse meets the educational or work experience requirement also, as you’ll both be treated as primary selectees).
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You will only be informed of your disqualification when you’re face to face with the CO, which will be after making the payment. You will not only be losing the payment fee at that point, there’s also the cost of the medical exam and any other cost associated with getting your documents which would also be lost since denial is inevitable should you choose to proceed.