
Sm1smom
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Everything posted by Sm1smom
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No, corrections like this ARE NOT common for DV cases! Failure to list eligible children on the entry form (regardless of if subsequently addressed on the DS260 or not), typically leads to disqualification and subsequent denial at the time of the interview.. The instructions are quite clear on this, all eligible children, including stepchildren, are required to be listed on the entry form regardless of if they reside with you and your spouse or not; or if they will be immigrating with you or not. The only exceptions to this are if the children or stepchildren are already 21 or above; or if they’re already a LPR or USC.
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RFE question
Sm1smom replied to mikev6's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
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. -
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.
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Your family members got approved while your own case is pending, which is otherwise known as undergoing Administrative Processing (AP).
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DV2025 cases will not show up in CEAC before January 2025.
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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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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 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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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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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. -
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.
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Unfortunately you will be disqualified and subsequently denied at the time of your interview since Israel is under the AS region, and Portugal is under the EU region. No amount of explanation will lead to an approval, seen this year after year. The DV 2025 instructions linked below shows the different regions and the countries within each https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/dv-2025-instructions-translations/DV-2025_Instructions-faqs.pdf
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Thanks for confirming the physical presence requirement for the re-entry permit. So why are you contemplating paying some lawyer over $3K to fill out and submit the I-90 on your behalf when you can equally do so on your own? The processing is exactly the same whether you fill out the form on your own or some lawyer fills and submit on your behalf.
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Wait. Your apply applied for your re-entry permit while you were outside the US? Or you were in the US, but used the services of a lawyer to submit the application? If the application was submitted on your behalf while you were outside the US, I wouldn’t bank on it being approved. Unless there’s a recent change for the requirements to be in the US while filing for a reentry permit which I’m not aware of.