randomstairs

They can ask anything but I doubt they will wanna know all the details of her entry - well, that's just me. She should answer the questions to the best of her knowledge. Also, the history of mental illness could be problematic in terms of admissibility.

If you've already filed a police report, the card is invalid (or it will be, if it reaches the CBP and other agencies). The I-90 the way to go at this point.

You should not change the field of concentration, regardless of the country. It is risky, but actually legally binding. It could raise a concern that you no longer are an alien in national interest, or, worse, that you misrepresented yourself. When you enter the US on an IV you become a Permanent Resident, with all the rights you're entitled to. The GC will then arrive in mail in a couple of weeks.

I was already getting nervous about mailing the Certificate like two years before the naturalization lol It is utterly bizarre that they not only require the original, but that they mail the precious document back to you in the cheapest regular mail, and there is nothing you can do about it.

You'll get it in hand after you swear to "...defend the Constitution of the United States of America against all enemies, foreign and domestic..." - among other things. When you apply for the passport, do it two weeks before the date of your reserved flight, and make an appointment at a Passport Agency (usually less than 24 h processing time). This way you won't have to mail the original. Use a current passport for a subsequent renewal. Keep the Certificate in a safe place and avoid mailing it.

The whole point of the National Interest *Waiver* is that "...the job offer, and thus the labor certification, be waived..." https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2 So being unemployed does not preclude you from satisfying the EB2-NIW criteria. The USCIS Policy Manual is referring to: "See INA 203(b)(2)(B)(i). See 8 CFR 204.5(k)(4)(ii)." Also see the Policy Manual, section D : https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5 Now, I'm not saying that you are guaranteed to be approved at the interview. All I'm contending here is that the interview is very unlikely to get canceled just because you're currently unemployed. In the past, for a period of time, getting an Immigrant Visa did require that you demonstrate that you won't be a "public charge." This is still the law, but you don't usually have to prove that you are in financially good standing.

A1: Your unemployment status should not affect the likelihood of getting to the interview. A2: You should NOT change your field of concentration from the one your NIW was approved for. Yes, your visa could be rejected if you change the industry (the field of concentration).

She hasn't applied for an immigrant visa, so the answer to the question should indeed be NO. I don't think the Cuban Humanitarian Parole counts as an IV.

I had to visit the office as I was unable to find the option for updating the citizenship status online. You need to do it because potential employers (e-verify), election officials, local gov agencies (DMV), etc, may refer to the common database. You should also update the status at your DMV.

Crossing the border at a Port of Entry by land should work. She may have to pay a small penalty fee at the PoE for entering without proper documentation. Of course, filing the I-90 would be better.

This is Administrative Processing. It happens often. They may not need any new documents. It takes about two months in average to process.

I wouldn't create a new account. The system is already glitchy as you can see. Two accounts can seriously complicate the N-400 application when the time comes. If your account is otherwise functional, you should probably just ignore the AI "help" in the future. Call USCIS instead, if need be.

They probably won't look at the documents at all. They rarely do. Bring them just in case though. Just explain it the way you did here. Tell the Officer why you will be coming back while you wait for the EB3 to become current (other than the desire to avoid going illegal). If you have other work contracts in a non-US country, that would help. It's a tricky case, so I wouldn't keep my hopes too high, but I think that if you just honestly explain your intentions you could very well get a desired outcome. It does make a lot of sense to me.

They can apply for a second passport (if British). Having multiple visa processes in parallel is a qualifying reason. https://www.gov.uk/government/publications/additional-passports/additional-passports-accessible

But were you traveling to the US on H2Bs while your EB3 had been pending? From your posts so far I can infer that that wasn't the case. The fact that you have applied for the immigrant visa will make it difficult to show that you plan to return. But, you can explain the circumstances, as you did here, to the consular officer, together with demonstrating strong ties to a non-US country, and see what happens. Your EB3 should not be affected by this.

Good point.

I can confirm this for the US (a visa in an old passport is still valid). I don't know how other countries do it. Inquire at the consulate where you'll be applying for the visa.

The current passport is valid for a year. Of course they have to renew it before it expires (six months before), but they can still use the current one for the visa and for the planed trip, as long as they are back before it expires.

The non-expedited processing time is 6-8 weeks (although I've seen folks saying it's now getting a bit faster). Depending on the country, a visa in an expired passport with a valid passport is sufficient to enter (the US does that). Ask at the countries' consular services. So in this case you won't have to renew the passport at all.

Can't she just file the I-90 and bring the receipt with the expired GC with her to the PoE? That's what some LPRs do when returning to the US with expired GCs.

No, it's not necessary. But it is recommended.

They rarely ask about work history even with EB cases. You're not required to work for the sponsoring employer at all. There may be a red flag if you quit like 2 weeks after receiving a green card, but that's about it.

I honestly think that you have a good chance of getting the visa because formally abandoning the LPR status strongly signals against an immigration attempt. Of course, answer all the questions truthfully and explain.

You can try the same-day urgent processing if you travel within two weeks (so in mid February). The advantage of this is in that you don't have to mail anything to the DoS, and thus you avoid the risk of losing the certificate in mail, either when sending or receiving the document (it's extremely difficult to replace). For the future passport extensions you can then simply use the old passport instead of the certificate to prove your citizenship/nationality.

Where does it say that? Sounds like a boilerplate disclaimer, not something actually relevant to your case. You should definitely talk to a Tier 2 officer to hear from them directly what is almost certain - that your case is being processed and that nothing else is required from your end at this time - because you're clearly worried. This should put your mind at rest.