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randomstairs

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  1. randomstairs
    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.
  2. randomstairs
    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.
  3. randomstairs
    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.
  4. randomstairs
    You won't need a passport, especially assuming that you sought refuge from the country that would otherwise issue it.
  5. randomstairs
    She can probably file a VAWA petition. This can protect her benefits without the abusive husband's participation.
  6. randomstairs
    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.
  7. randomstairs
    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.
  8. randomstairs
    Typically APs can take 2-3 months. Several federal agencies have to process the case.
  9. randomstairs
    You can't relocate to the US on a tourist visa.
  10. randomstairs
    Yeah, there's a correlation, but the passport index is garbage. A value of a passport, and how it's judged by COs, doesn't depend on a bunch of micro-states in Pacific recognizing the document. It's all about the particular country of citizenship/origin and its immigration history, especially the frequency of overstays.
  11. randomstairs
    I received several of these as a non-citizen, both, in New York and California. In California you simply fill out the online form, which disqualifies you. In New York it was more complicated, as the court wanted to see the proof that you're not a citizen. A copy of a current/recent visa was sufficient. Someone needs to tell the NY courts that visas don't evaporate from one's passport when they become a citizen.
  12. randomstairs
    Both are red flags. Beyond cultural norms, age difference is asymmetrically applied because of biological differences between male and female reproductive potentials. Even with extreme age differences of 40+ years, the younger female can still have children with the older male, with *minimally* increased risk of birth defects resulting from his age. Even though they do not plan to have children together, the age difference will most likely prevent them from changing their minds in the future. This is why this is a red flag. Of course, as many others have said, no one can tell how significant this issue will be in the ultimate decision-making by the officer.
  13. randomstairs
    The I-485 is for the green card, not the I-130. The waiver might still be filed. If his case was a possession of 30 g of marijuana or less, there is a good waiver for that too.
  14. randomstairs
    It may be possible to overcome this based on his full recovery. Again, find a good lawyer. A fine is a conviction.
  15. randomstairs
    Was he convicted of a drug offense? Inadmissibility on drug crime basis is a tough one to overcome. But a competent lawyer may find a way, depending on the exact circumstances. This is not a DIY case.
  16. randomstairs
    Just go on the court's website and look for the security procedures.
  17. randomstairs
    It's hard to tell. Owning a business and a home is one tie to the country, having to provide care for parents is another. On the balance, these ties to their home country must be stronger than their incentive to immigrate to the US. Having their only son in the US is a pretty strong incentive to immigrate. Their business in the home country had been informal for most of the time. You can see how the consular officer will weigh these ties versus the incentives, right? But, they surely can try, and as mentioned before, the more new circumstances they can report, the better.
  18. randomstairs
    It means "not guilty" only as it pertains to (Swedish) criminal law. Sure. And, if an OPINION of the consular officer is that you're not admissible, based on the arrests, that opinion is all that matters.
  19. randomstairs
    Did they answer positively about owning a home? Can they prove it at all (if needed)? They can try again, but as you seem to know, the previous denial will make the success less likely. The CO would want to see how the circumstances have changed since the last unsuccessful application. Good luck!
  20. randomstairs
    These are pretty serious in a sense that they could qualify as Crime Involving Moral Turpitude (CIMT). If the convictions are reversed, it will be up to the CO to interpret them. Because the victims (alleged or actual) are journalists, this can even fall into some other "Have you EVER" question categories. If the threats and harassments were of purely private matter, you might be able to overcome the problem, depending on the exact nature of the crimes, but if the threats were over ideological, political, let alone religious, reasons, your chances to ever legally set foot on the US soil are low.
  21. randomstairs
  22. randomstairs
    Criminal history of the sponsoring US citizen doesn't matter for immigration purposes. Technically they can be on a death row and still retain the right to sponsor an immigrant.
  23. randomstairs
    The probation is a gray area. If her asylum case is eventually approved by the immigration judge, she will not have accumulated any unlawful presence. If the judge denies her case, all the days of her probationary status will be counted as unlawful presence. So, she has no status AND is currently in the country lawfully.
  24. randomstairs
    Yes, especially if you lose the card. When I had it I wasn't traveling for this reason alone. (I wasn't familiar with the land border option then.)
  25. randomstairs
    When you entered the US did you get inspected? If you entered without the inspection the unlawful presence is not "forgiven" even with marriage to a US citizen. I would look for a *good* lawyer at this point! If there are grounds for filing for a reconsideration of the decision, a competent attorney should be able to save you.
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