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Everything posted by NorthByNorthwest
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Canadian Car, US GC holder, Canadian PR- options?
NorthByNorthwest replied to mugatu300's topic in Canada
Yeah, unless you sell it for more than you paid for it (unlikely) there are no tax implications - selling it in Canada is the simplest option by far. -
Canadian Car, US GC holder, Canadian PR- options?
NorthByNorthwest replied to mugatu300's topic in Canada
No issues, though if she tried to come back into the US with it once more she might get additional questions. It's still one year as long as she has proper insurance. License plates are automatically captured every time you enter by land border, so CBP knows exactly when the car first entered the country. It can still be a hassle to import from Canada to the US, so I'd probably go for selling it in Canada. A small thing like TPMS (tire pressure monitoring system) can trip you up since it is mandatory in the US but not in Canada and even new Canadian models can come without the tire sensors as well as the hardware needed to read them. -
The instructions seem at least halfway clear - my read is that if you ever lived in the country of your second nationality for more than 6 months you need a police certificate from there in addition to Canada: If you are 16 years of age or older, you must submit a police certificate from the following locations: From ... AND... THEN the applicant needs a police certificate from... the country of nationality if they resided there for more than 6 months is 16 years old or older the police authorities of that locality. the country of current residence (if different from nationality) if they resided there for more than 6 months was 16 years or older at that time the police authorities of that locality. any previous country or countries of residence if residing there for more than 12 months was 16 years or older at that time the police authorities of that locality. any country where arrested for any reason, regardless of how long they lived there was any age at that time the police authorities from place of arrest.
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If your friend is a citizen of Germany or Poland she would typically travel to the US on ESTA, no visa required. Even if she were to apply for a B2 visa to stay longer than 90 days you would have nothing to do with it - she needs to qualify entirely on her own merits, there is no sponsorship or similar for tourist visas.
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I would add that if you've been an American Express customer in another country (in good standing obviously) it is trivial to get a card in the US through their Global Relationship program - https://www.americanexpress.com/us/customer-service/global-card-relationship/ based on your history with them rather than actual credit score. Similarly if you've been a customer with HSBC elsewhere you can fairly easily get a credit card through them..
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Like many others have suggested, I'd attend the interview if at all possible. I was given a choice if I wanted to do same-day oath or not, every case is obviously different, but there are plenty of cases where people can't get off work very easily and simply can't hang around waiting for a same-day ceremony. Chances are good you'd be able to pick a later date if same-day oath is even on the table given your pending I-751.
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Advance Parole Travel
NorthByNorthwest replied to fjbarraza24's topic in Working & Traveling During US Immigration
I traveled many times on AP for work, no issues. The only downside was that I had to go through secondary screening every single time which took a fair amount of time, especially at land borders. As long as you're only out of the country for short periods you'll be perfectly fine, you just want to make sure you don't miss biometrics or interviews and respond to RFEs in a timely fashion. Personally I wouldn't stay out of the country on AP for longer than a week or two. -
Process for a B2 visa holder to change status.
NorthByNorthwest replied to extremerecluse's topic in Tourist Visas
In addition to the points raised in the other posts - is this a matter of the daughter wanting her mom closer or the mom actually wanting to be closer to the daughter? Me and my wife are both naturalized citizens from different countries/cultures, but none of our parents (while they were alive) would have wanted to come to the US leaving their social networks behind. Granted, in some cultures family is everything but in our case they would have been miserable here, not to mention healthcare was better at home anyway. -
Not filing I-751 within the 90-day window before expiration is a big deal. From 8 CFR § 216.4: Termination of status for failure to file petition. Failure to properly file Form I–751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the United States. In such proceedings the burden shall be on the alien to establish that he or she complied with the requirement to file the joint petition within the designated period. Form I–751 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was good cause for the failure to file Form I–751 within the required time period. If the joint petition is filed prior to the jurisdiction vesting with the immigration judge in removal proceedings and the director excuses the late filing and approves the petition, he or she shall restore the alien's permanent residence status, remove the conditional basis of such status and cancel any outstanding notice to appear in accordance with § 239.2 of this chapter. If the joint petition is not filed until after jurisdiction vests with the immigration judge, the immigration judge may terminate the matter upon joint motion by the alien and the Service. Your friend may well have lost LPR status already...
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If you used the most recent version of the I-485 form there are two items (16 and 17) on it for having SSA issue a social security number if you don't have one - this option was not available in the past. It's basically USCIS forwarding your info to SSA, but I'm not sure at what stage of the process they do that.
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If anything I'd be concerned about the case note from January 6 2015 saying that a document was returned to USCIS - has your brother (petitioner) moved without updating his address with USCIS? I'm guessing the document referred to was just the formal receipt notice or even a notification that the petition was approved, but that does not seem to be the case from what you've shown. Note that even if the petition was approved long ago it is still the visa bulletin that shows when the actual visa will be available. In any case it is always important to make sure USCIS has correct contact info for the petitioner, otherwise if there's an RFE or similar it might get missed.
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Yep, the online system never asked for it. As far as I know it's not typically required for 5-year applications, in the document checklist for N-400 they only suggest including that if you've had trips longer than 6 months since that could otherwise be considered as breaking continuous residence: https://www.uscis.gov/sites/default/files/document/guides/M-477.pdf If you have taken any trip outside the United States that lasted 6 months or more since becoming a Lawful Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as: An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last 5 years (or for the last 3 years if you are applying on the basis of marriage to a U.S. citizen).
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Then definitely apply under the 5-year rule, less documents required. The online system will tell you exactly which documents to include and at least for me tax documents were not among them. I included scans of front and back of 10-year green card and marriage certificate, that was all they asked for and I did not include anything else.
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Oath green card info.
NorthByNorthwest replied to FROWNcat's topic in US Citizenship General Discussion
Same experience as the others, I returned my 10-year card, didn't bother to bring the old expired conditional card or EAD and they never even asked for those. -
The visa extension is more or less moot with a pending I-485, other than being a fallback if the I-485 should get rejected for whatever reason. It is also easier to travel while the L1 is still valid vs. traveling on AP which will frequently land you in secondary inspection when you enter the country. As mentioned in my earlier comment it may also affect your driver's license depending on state. The visa expiring will not affect your I-485 as long as it was valid when you applied.
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Your visa expiration is of no concern, your I-94 expiration determines your status. While you have an AOS application in progress, after your I-94 expires your status changes from lawful status to being in period of authorized stay, and your I-797 for the I-485 is your proof of this. As long as you have a valid EAD you can continue working, but you will require Advance Parole to be able to leave the country and reenter. Depending on your state of residence you may have issues with getting/renewing your driver's license during this time.
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I entered the US (for work) on ESTA the week before my K1 interview without issues. You may well face extra scrutiny for the 88 day stay, that's cutting it pretty close. You're pretty much one bad-weather-mass-flight-cancellation mess away from overstaying, which could cause you problems in other countries in the future (Think "Have you ever overstayed a visa in any country?" questions on landing cards... ) even if it doesn't necessarily mean an issue for your K1 application. Personally I would give myself more margin than two days, but I like to play it safe, there are other countries that will put you in detention for a one day overstay. Preclearance is no different than a regular CBP check really. As others have mentioned you need at a minimum an eTA for Canada, or actual visa, depending on your nationality.
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I can't see that would be a problem. In the off chance that your shipment actually gets inspected they might frown upon things if those shoes look unused or come in original boxes which might suggest that you plan to sell them. Other than that you should be fine, bringing clothes and shoes when you relocate is a pretty basic necessity.
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N400 Online Application
NorthByNorthwest replied to C1322's topic in US Citizenship General Discussion
Then you have no issues, I misunderstood your question. You don't need to provide any documentation for your travel, for the application all you need to provide are the dates you left and came back and countries visited. No evidence is needed, FOIA is only useful if you don't know/remember when you travelled. -
Appeals will typically not consider documents submitted after the denial decision was made so it is essentially useless to appeal a denial due to failure to respond to RFE. As the others have said, your fastest option is for your sister to submit a new petition while discussing between the two of you why you missed the RFE. For example, did she move and failed to notify USCIS? You lost a few years in the queue, but since the total wait is likely to be 20+ years it will not have that big of an impact in the end.
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N400 Online Application
NorthByNorthwest replied to C1322's topic in US Citizenship General Discussion
How many trips are we talking about? Keep in mind you only need to list trips taken in the past 5 (or 3) years which for most people applying now includes a sizable gap of no travel during the pandemic. I had close to 100 land border crossings to Canada with very spotty records, I did both a FOIA request on the US side and an ATIP request in Canada for entry/exit records - for land travel to Canada I found the Canadian records to be of better quality. Chances are that at your naturalization interview the officer will have the same info that's in your FOIA request so you don't want to be too far off, definitely don't leave it blank. At the end of the day, the main purpose of these records is to show that you meet the residency requirements, as long as you don't have long absences or come close to the limits the records won't be scrutinized that closely.