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Everything posted by Mike E
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AOS + i-485
Mike E replied to E&G's topic in Adjustment of Status from Work, Student, & Tourist Visas
The day she entered the U.S. -
I will not be filing AOS
Mike E replied to SolRebel's topic in Effects of Major Family Changes on Immigration Benefits
You do not need to do that, but depending on the laws of your state that might be the easiest way to get him to vacate your residence. A divorce attorney and a real estate attorney can advice you. You the right to file for divorce. What he does with vawa is not your concern. If he reports to the police that you committed a crime of violence against him, you have the right to remain silent and the right to an attorney. Do not talk to the police, unless your attorney advises you to. -
Do I have a chance to visit my boyfriend in USA?
Mike E replied to Beauty by Tsuki's topic in Tourist Visas
Immigration is expensive. People who cannot afford to travel to meet cannot afford the K-1 process, as it costs 2-3 times more than a CR-1. Your dream of living together might have to wait until at least one of you has improved personal finances. -
Reentry issue for Green Card Holders
Mike E replied to Saadiah's topic in Working & Traveling During US Immigration
Yes: Pakistani immigration could determine they have a flight to the U.S. booked. Doing pre-clearance in Abu Dhabi is dangerous. Flying to any where but JFK or SFO is dangerous. Entering by land from Mexico is dangerous. People have at no issues at some land ports from Canada. Why not? Qatar is a business? CBP’s memo reminding airlines to board LPRs, DoS holding classes in Pakistan that instruct Pakistani in immigration to ignore that memo, and USCIS’s I-134a page wanting LPRs that airlines might require a boarding foil even if they have valid documents for boarding. It’s as if DoS and USCIS want CBP to not control the border. -
Lol. They are that hard up. Assuming they are your biological children, do not pay this fee. This might help: To get your child a U.S. passport you need to have evidence that the child: is your child lives with you is in your legal custody has LPR status you are a U.S. citizen the above all happened before the child reached age 18 IMO there these are facts: the longer a parent waits to secure a U.S. citizenship document for the child, the harder it becomes to prove the child is a U.S. citizen. It actually becomes exponentially harder because evidence, like radioactivity of isotopes has a half life. It’s actually the law of physics: order tends to disorder aka the Law of Entropy you get exactly one chance to file N-600. Often when parents decide to try N-600 first, they get RFE for evidence. The parent doesn’t know how to respond to RFE, and the case is denied. Forever. Whereas if the passport acceptance agent is half way competent the agent won’t accept the application with incomplete evidence. whereas you can try as many times as you want to get a passport passports get lost and replacing a passport without a certificate of citizenship is hard. Replacing a passport when you have a passport card is easy. Thus the parent should first try to get the child a passport book and passport card. And this should be done at the same time, at the same appointment with the passport acceptance agent (for example the post office). Both parent and child should get a passport card because it seems losing the naturalization certificate is inevitable. the CBP Ready Lanes at ports of entry on the land border don’t work with passports but do work with passport cards Make sure to make a complete copy of everything sent to the passport agency. While most evidence (except a green card) will come back, sometimes the post office or the passport agency loses it. Once the child has a passport book and passport card: Once same evidence used to get the passport, file N-600 online to get the child a certificate of citizenship, plus the passport, passport card, and any note the passport agency sent back regarding the passport agency confiscating the green card Parent and child should go to SSA to get a new SS card. If the child has has an SSN. A passport card is fine for this. If the child has never had an SSN, then a certificate of citizenship might be required. In lieu of a green card, hopefully the parent retained the original passport used to enter the U.S. on an immigration visa or the original I-485 approval document. Some people will tell you that your child doesn’t need a certificate of citizenship. I disagree: A citizen has no right to a U.S. passport. Certain acts such as habitually losing a passport, being behind on child support payments, or being placed on certain no fly lists can cause one to be denied a passport. Whereas a qualified citizen has a right to a certificate of citizenship. I don’t think a family court judge will have any pity on someone who can’t get a passport, and thus can’t get a job to pay child support and thus can’t get a passport. investigators performing security clearances for certain roles in service of the federal government, military, or federal contractor are known to reject a U.S. passport as evidence of U.S. citizenship Some citizens of certain countries are denied certain roles. A certificate of citizenship identifies the previous nationality. Hence a passport is not accepted when applying for those roles At some state DMVs, if the SAVE system doesn’t verify U.S. citizenship using the passport card, some DMVs will override SAVE if a certificate of citizenship is presented When registering online to vote, some states require those with a US birth certificate or CRBA to provide the number from a certificate of citizenship or naturalization. When petitioning a relative for LPR status (aka filing I-130) USCIS and sometimes the department of state won’t accept a U.S. passport as evidence of U.S. citizenship. It is rare but it does happen. There are now reports of U.S. citizens who lost their passport having difficulty obtaining a new passport without a certificate of citizenship.
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Reentry issue for Green Card Holders
Mike E replied to Saadiah's topic in Working & Traveling During US Immigration
Let’s be precise. Issue here means: * CBP illegally removes them from the U.S. You would hire a lawyer to order CBP to admit them * CBP issues an NTA and releases them. You hire a lawyer to deal with it. I am fuzzy on the details but it wound entail you them filing I-485 packages and getting the court action dismissed * CBP issues an NTA and transfers them to ICE custody. I have never heard of this for abandonment of status, and I do not know if it is legal. But men with guns and a badge have absolute power. * CBP threatens any of the above to coerce them into filing I-407. Afaik, CBP has stopped doing that. Regardless you hire a lawyer as CBP will have blundered * Your parents decide of their own free will to file I-407. If so, no lawyer needed, provided you properly file I-130. Given the history, I recommend a lawyer. USCIS might or might not admit them on a B-2 status This js why @Dashinka advised them to fly to Doha first. Pakistan’s immigration agency will ask them how long they have been outside the U.S. if they show a boarding pass for a flight to the U.S. They are less likely to do so if they show a boarding pass to Doha for a round trip that ends in Doha. So far, afaik, the Pakistani immigration agency is not confiscating green cards. The back ground here is that DoS hates that people like your parents get re-admitted to U.S. with no consequences. So DoS is pressuring foreign immigration departments to do DoS’s bidding. DoS has won over Pakistan. I know of no others so far. DoS and USCIS are also in a war with CBP in terms of influencing airlines to not board LPRs. So far Delta and PIA (soon to go out of business) have complied with DoS and USCIS. Qatar Airways is, so far, obeying CBP. -
Reentry issue for Green Card Holders
Mike E replied to Saadiah's topic in Working & Traveling During US Immigration
I-824 is likely because when I-130 was filed it either specified he would adjust status and/or no embassy was listed. Since mom does not have an I-130 filed, I-824 is a not appropriate -
DoS seems to be free to violate its own rules all the time. I’ve seen DoS demand police reports of people who left their country as children. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/HongKong.html
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What evidence do I need for N-400?
Mike E replied to EMBELL_17's topic in US Citizenship General Discussion
The question to ask for is your criminal record. If the result comes back as “no record” then that is what you submit. In what country? -
Reentry issue for Green Card Holders
Mike E replied to Saadiah's topic in Working & Traveling During US Immigration
Yes i have seen people be admitted as returning residents after SB-1 is denied -
What evidence do I need for N-400?
Mike E replied to EMBELL_17's topic in US Citizenship General Discussion
You will likely be asked for paperwork that proves there is no paperwork. -
Reentry issue for Green Card Holders
Mike E replied to Saadiah's topic in Working & Traveling During US Immigration
We spent a week arguing with a visa journey member last week on this issue. In the end, the member flew to JFK, and after time in secondary inspection was admitted as a returning resident. See, -
Reentry issue for Green Card Holders
Mike E replied to Saadiah's topic in Working & Traveling During US Immigration
Legally that is impossible. -
Which process is easiest
Mike E replied to mikeyp123's topic in What Visa Do I Need - Family Based Immigration
My understanding is there no chance of age out at say age 17, 11 months and 2 weeks because there there is enough time to book a flight, apply for a marriage license, and marry before the older child reaches age 18. If so, this creates a qualifying step parent / stepchild relationship. The unmarried stepchild then qualifies as as immediate relative of a U.S. citizen and is eligible for an IR-2 or CR-2 visa provided an I-130 is filed for before child reaches age 21. The age for an IR-2 or CR-2 is locked in. K-1 is appropriate when the children are age 18-20. So when we talk about CR-1 for the foreign spouse, we are also talking about the step parent filing I-130 to get step child a CR-2 visa. CR-1 and CR-2 holder should enter the U.S. 2 or more years after marriage to avoid I-751. -
Reentry issue for Green Card Holders
Mike E replied to Saadiah's topic in Working & Traveling During US Immigration
Seems like a good case for traveling as returning residents, especially since their child is a U.S. citizen. Logically, giving them an NTA is a waste of time because they would be able to file I-485 in that event. Pakistani citizens require a visa for UAE. So Qatar is the better option: book a round trip to Doha, enter Qatar, book a flight to JFK. I get beaten up here all the time for not buying into the VJ conventional wisdom that * it is OK for new LPRs to spend more time outside the U.S. to wrap things up * and so a re-entry permit is not needed They got caught by covid and then medical issues. So a re-entry permit was needed as it turned out. At the very least, applying for one would have made a stronger case that they did not intend to abandon status. LPR status is for living in the U.S., period. Please list the risks. -
You might have to save up some money then. Immigration is expensive
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Do I have a chance to visit my boyfriend in USA?
Mike E replied to Beauty by Tsuki's topic in Tourist Visas
Meet in Thailand. -
You have plenty of time to file I-131 to for a re-entry permit, get the I-131 receipt and biometrics and then travel to Colombia to give birth. If your child will not be born a U.S. citizen, you can bring your child to the U.S. without a visa, provided you return with your child within 2 years of birth.
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The beneficiary should have waited marry until after the petitioner became a U.S. citizen. 1. Considering the millions of cases USCIS has to work on, every little bit helps. So withdraw the I-130. 2. Neither IMHO. I think the term is “withdraw” 3. Nothing. The F-4 petition should have been filed as soon as the sibling became a U.S. citizen. F-2B and F-4 could have been running in parallel.
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AOS + i-485
Mike E replied to E&G's topic in Adjustment of Status from Work, Student, & Tourist Visas
Yes -
Child Passport
Mike E replied to VJB9's topic in Passports, etc. - What to do now that you are a US citizen
Hard to say. Give it a try. I agree with @SalishSea . Getting new passport is high risk. If you are doing it for ID purposes, just get a passport card.