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randomstairs

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Everything posted by randomstairs

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. You won't need a passport, especially assuming that you sought refuge from the country that would otherwise issue it.
  10. She can probably file a VAWA petition. This can protect her benefits without the abusive husband's participation.
  11. 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.
  12. Typically APs can take 2-3 months. Several federal agencies have to process the case.
  13. You can't relocate to the US on a tourist visa.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. It may be possible to overcome this based on his full recovery. Again, find a good lawyer. A fine is a conviction.
  19. 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.
  20. Just go on the court's website and look for the security procedures.
  21. 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.
  22. 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.
  23. 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!
  24. 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.
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