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randomstairs

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Everything posted by randomstairs

  1. Yes, that's exactly what I plan to do. I wasn't sure if it could work, so it's good to hear from someone with a first hand experience.
  2. I could try that the next time. When I check-in in the US I always use the US passport (that's my understanding of the law), so I fill in the Japanese immigration form with the same pp number.
  3. Sounds like she used her NZ passport when leaving NZ and showed the US passport when entering the US. She also might had left the US with the NZ passport being used for checking-in/buying the ticket. This method is recommended by many dual citizens, but I've always been skeptical about it. The problem arises when buying a round trip from the US to the country of second citizenship. I blame the airlines. This problem is even more exposed when traveling between a third country and the country of non-US citizenship. I've been using my US passport everywhere, including the EU, where I have the other citizenship. I often travel to Japan and, ofc, use the US passport to enter. However, with the new EU electronic authorization rule, airlines will demand to see if I'm authorized to enter the EU (from Japan). Using a different passport when leaving Japan could easily create an overstay there, so that's not an option. If worse comes to worse, I'll travel to the EU via a land border port of entry, excluding the annoying airlines from the process. Also, for anyone who may be interested: Using the non-US passport may make it difficult to obtain a TS security clearance if you're applying for certain gov positions.
  4. The risk is much higher if you're on a visa, though. I would buy the ticket with the passport that has the US visa, skip the electronic check-in, and do it in person, showing the passport of the destination country as a proof of entry authorization. CBP might not catch their departure otherwise, which is a huge risk.
  5. That's almost exactly the problem with US/EU dual citizens now with the ETIAS. We are supposed to exit the US with the US passport and enter the EU with the EU one. The airlines will demand to see the ETIAS for US citizens but dual citizens aren't eligible. My proposed solution: check in/buy the ticket with the UK passport bc that's in the CBP system! If the airline asks for NZ electronic authorization (or whatever the equivalent is) show them your NZ passport at the check in.
  6. It only depends on your risk-aversion. I'm highly risk-averse when it comes to anything immigration, for example, and I would definitely apply ASAP and postpone/cancel the trips, especially in the light of the most unpredictable admin in modern US history taking over. But that's me.
  7. Not cutting the funding per se, but his admin can use other means to slow down the legal immigration. They could interfere with the workforce at USCIS, but also keep the DoS from operating normally. Their loathing of merit-based civil service employees, especially the Foreign Service is notorious. No one knows where this is gonna go, but my concern would be more in regards to the DoS (embassies, consulates, etc) than to USCIS.
  8. That depends on the country. In Australia if you're refused entry you are automatically unlawfully present, for example. It's usually best to interpret questions literally. So, the answer should be YES. They can explain that they were only refused entry due to the travel agent's error.
  9. This sounds like a REMOVAL from a country. (In the US they can offer one to withdraw their application to enter, but I don't know how it works in other countries.) Answer YES and explain.
  10. Not much you can do, really. Give it some time before the next visit. I believe if they search you physically, first, they can do that only with your permission, of course, and, second, a female officer would perform the search. Hopefully now, that you have been already scrutinized thoroughly, they won't repeat the procedure. However, the fact that you were only permitted to stay for one month probably means that they see you as an immigration risk (having a close family member in the US is always gonna create that).
  11. In some cases Notice to Appear is sent to people who are *already* in deportation proceedings. If they change their address they could always claim to have never received the notice and are thus not liable for not showing up at the Immigration Judge (or some other appointment). But with the requirement to notify USCIS of address changes, the government can disregard such a claim and proceed with the deportation. On the other hand, if such a person has reported the change of address, and the notice is nevertheless sent to the old one, then they can still claim to have never received it and get another appointment (thus they are protected from the deportation enforcement). That's the most logical explanation I've seen. So, this has about zero effect on you or other regular cases.
  12. In terms of policy nothing can significantly change until January. But in terms of flights or other logistics there could be some unforeseen national security incidents, given that the results of the election will likely be disputed and the recent history. Overall I don't think that's likely to happen but, everything being equal, if your flight options are 11/4 or 11/5, I'd pick the former.
  13. You have to permanently reside (and intend to reside) in the US to maintain the LPR status (green card). You must file taxes in the US as a resident. Even with a re-entry permit, filing taxes in the US as a non-resident is grounds for abandoning your status.
  14. I'm referring to filing the N-400 online. A missing field or a signature could be a reason for a rejection (a rejection is not a denial). The electronic form will output an error if anything like that happens, so you can easily fix it before submitting it. And, as mentioned earlier, you'll get the PDFs of the receipts and other notices right in your account, so no need to worry about the mail.
  15. She will almost certainly be a US citizen two years after filing the N-400, but if nothing happens in a year or so, file the I-90 then if you're concerned. Also, filing online is not only faster but much safer too! You'll get the receipts immediately (as well as other notices, including the interview date/time notice!) and the system can eliminate a bunch of potential reasons for rejection.
  16. Yeah, my understanding is that the name change has to go through other institutions (a court?) outside the USCIS, so it can take a while. It doesn't sound like anything unusual in terms of the waiting time. As you know by now, it is highly recommended not to apply for the name change before becoming a citizen.
  17. If the record includes "crimes of moral turpitude" it may be a hard-to-beat case. A waiver is almost certainly going to be required. It really depends on the nature of the crimes. Some "aggravated felonies" could make him permanently inadmissible. If he had a substance abuse problem, especially illegal drugs, on top of such convictions, he may need a medical panel approval too. I'd suggest you find a lawyer who will not be too enthusiastic about taking the case, rather than one who's gonna sugarcoat it.
  18. If he's an EU citizen who doesn't plan to ever live in the US, then the US citizenship would be more of a hindrance than a benefit. Not only would he be responsible for filing US taxes for the rest of his life, but also otherwise simple procedures like opening a bank account or even getting certain loans would be negatively affected.
  19. You will also need the Social Security Number which you can obtain at the SSA office. The stamp in your passport will serve as a proof of the LPR status, and can be used with your employer or when applying for the SSN. You'll probably wanna have enough savings to live off of for a month, just in case.
  20. You won't need a passport, especially assuming that you sought refuge from the country that would otherwise issue it.
  21. She can probably file a VAWA petition. This can protect her benefits without the abusive husband's participation.
  22. Because you're not a US citizen she wouldn't be eligible for a waiver, and I don't know if there's any other way to overcome the ban.
  23. Because it's been over 5 years since your offense, you should be eligible to become a citizen after your application is approved. Of course, be prepared to document your criminal case and answer any questions.
  24. Typically APs can take 2-3 months. Several federal agencies have to process the case.
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