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Everything posted by Mike E
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N/A vs Blank
Mike E replied to Freeegg's topic in Adjustment of Status from Work, Student, & Tourist Visas
Not needed, in general. https://www.visajourney.com/examples/INS-Form-I-485.pdf -
Biometrics reuse NOA (I-797)
Mike E replied to OldUser's topic in Removing Conditions on Residency General Discussion
B&W. Congratulations are in order it seems! 48 month Extension letter or approval. -
I count at least 3.5 months in the U.S. over that period of time, assuming 0.5 months for the visits where you didn't say how long you would stay. Volunteering as the primary purpose of travel is not a permitted use of your ESTA. Also, I don't believe volunteer work by someone without work authorization for U.S. government is ever permitted. Not only am I seeing loss of ESTA, but I would predict worse.
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Divorce and children
Mike E replied to NoMansLand2020's topic in Effects of Major Family Changes on Immigration Benefits
Given other comments explaining how some parents circumvent the above via dual citizenship, my thought was that surely CBP has a process. It took some digging, but: https://help.cbp.gov/s/article/Article-827?language=en_US Title Child- International parental child abduction Summary Date Published 1/6/2022 12:25 PM Content Federal law prohibits a parent from removing a child from the United States or retaining a child in another country with intent to obstruct another parent´s custodial rights (18 U.S.C. § 1204). As required by Title III of the International Child Abduction Prevention and Return Act (ICAPRA), U.S. Customs and Border Protection (CBP), in coordination with the U.S. Department of State and other federal agencies, has established a program that seeks to prevent the departure of a child from the United States when presented with an valid, enforceable court order which prohibits the child’s removal from the United States (6 U.S.C. § 241). If you are concerned that your child is at risk of being abducted internationally by a parent, legal guardian, or someone acting on their behalf Obtain a valid, enforceable U.S. court order that includes prevention provisions, such as restrictions on removing the child from the United States. Contact the U.S. Department of State (DOS) Office of Children’s Issues for 24/7 assistance: Phone: 1-888-407-4747 (U.S. or Canada) or +1-202-501-4444 (International) Email: PreventAbduction1@state.gov If you believe that your child is in the process of being abducted internationally by a parent, legal guardian, or someone acting on their behalf Immediately notify local or airport police and provide them with copies of court orders Request that they enter your child and the possible abductor(s), if known, into the National Crime Information Center (NCIC) database Contact the U.S. Department of State (DOS) Office of Children’s Issues for 24/7 assistance: Phone: 1-888-407-4747 (U.S. or Canada) or +1-202-501-4444 (International) Email: PreventAbduction1@state.gov If your child has already been abducted internationally by a parent, legal guardian, or someone acting on their behalf Contact the U.S. Department of State (DOS) Office of Children’s Issues for 24/7 assistance: Phone: 1-888-407-4747 (U.S. or Canada) or +1-202-501-4444 (International) Email: PreventAbduction1@state.gov Prevent Abduction Program U.S. Customs and Border Protection’s (CBP) Prevent Abduction program can assist in the prevention of International Parental Child Abduction (IPCA) (6 U.S.C § 241) CBP coordinates with DOS Office of Children’s Issues on IPCA cases DOS Office of Children’s Issues submits potential IPCA cases to CBP for enrollment into CBP’s Prevent Abduction program IPCA cases must include a valid, enforceable U.S. court order indicating the child is prohibited from being removed from the United States. CBP creates travel alerts for the child at risk of IPCA and any potential abductor(s) involved CBP continuously monitors Advance Passenger Information System (APIS) data in real-time on passengers traveling to and from the U.S. using commercial carriers and vets that information against the travel alerts. If a child at risk of IPCA or potential abductor(s) attempts travel aboard a commercial carrier their travel alert data will match against their APIS data, and CBP will be notified automatically. Once travel is identified, CBP officers working the Prevent Abduction Program notify DOS Office of Children’s Issues and coordinates with the CBP officers at the airport, seaport, or land border Ports-of-Entry (POE) on intercepting the child before departure. CBP at the airport, seaport, or land border POEs further coordinates with local law enforcement on enforcing the valid court order. The Office of Children’s Issues is available to answer your questions regarding preventing and resolving international parental child abductions during regular business hours (8:15 a.m. - 5:00 p.m. ET). Please contact the U.S. Central Authority for the Hague Abduction Convention any time at the number below to report an Abduction in Progress. By Phone 1-888-407-4747 (from the United States and Canada) + 1 202-501-4444 (from outside the United States) By Email Questions regarding preventing international parental child abductions: PreventAbduction1@state.gov For general abduction questions: AbductionQuestions@state.gov By Mail - United States Department of State CA/OCS/CI 2201 C. St., NW SA-17; 9th Floor Washington, DC 20522-1709 -
I can think of one reason to not request a combo interview at the time of filing N-400: it invites USCIS to delay adjudication of your I-751 case until your N-400 case is adjudicated. In the case of Mrs. @Crazy Cat, she was approaching her 5th year of a pending I-751 and she filed N-400 at a field office with fast N-400 processing. So in terms of the "what does she have to lose" / "what does she have to gain" tradeoff, sending a request for a combo interview was a no brainer. For someone with fewer pending years of I-751 and in a field office with slow N-400 processing, I would carefully weigh a request for a combo until the actual N-400 interview is scheduled. Once scheduled, definitely upload a letter that: Reminds USCIS that I-751 is pending (because we see reports of N-400 interview experiences where the ISO had no clue there was a pending I-751) and Requests a combo.
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N400 - Unsure on 2 questions
Mike E replied to SparklePony's topic in US Citizenship General Discussion
The answer to the question is yes -
N400 - Unsure on 2 questions
Mike E replied to SparklePony's topic in US Citizenship General Discussion
A. Was there a marriage certificate between the parents issued that shows a date of marriage prior to the applicant’s 18th birthday? B. upload a copy of your naturalization certificate, her birth certificate, your marriage certificate, your divorce decree -
Divorce and children
Mike E replied to NoMansLand2020's topic in Effects of Major Family Changes on Immigration Benefits
And the baby has a U.S. birth certificate? -
The trick of saying “info pass” was learned from either reddit or VJ or both. The trick emerged after USCIS eliminated online scheduling of info pass appointments and changed its automated phone attendant to an IQ test. The trick of asking for a Tier 2 officer was learned from reddit and VJ after people more experienced than me determined that the officers answering the phone are tier 1 and largely kept uninformed snd not trained. I surmise a tier 1 let it slip that there were people called tier 2 officers who had a clue. Once the cat was out of the bag it became part of the lore on reddit and VJ.
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Divorce and children
Mike E replied to NoMansLand2020's topic in Effects of Major Family Changes on Immigration Benefits
Where was the baby born? -
F2A Visa Bulletin
Mike E replied to bunbuni's topic in Bringing Family Members of Permanent Residents to America
My understanding is that I-485 / F2A remains current through at least April 30, 2023. See https://www.visajourney.com/forums/topic/797957-april-visa-bulletin-released-with-f2a-eb2-eb4-retrogression/?do=findComment&comment=10819165 for my reasoning. But keep in mind USCIS can change this in a later month to the other chart. Or the state department can retrogress both charts in a later month. Normally F2A is not current. It went current several years ago. While I do not know why it stayed current for so long, it was inevitable that it would stop being current. For consular processing F2A is no longer current. -
Estimated taxes for contract workers
Mike E replied to Mike E's topic in Moving to the US and Your New Life In America
So close to $2500 per year including the $800 annual FTB LLC fee. I would have to have annual revenue over $2M before I would consider those fees. Too many CPA horror stories experienced vicariously. To each their own. -
It apparently started as a pilot program in Florida which is how the VJ community first heard of it. It caused a sensation. In the above the I-551 was crude and of limited use because no photo. Then it happened again. Then reddit got reports. Finally the official policy. With a photo now, so it is a standalone list A document for I-9.
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Estimated taxes for contract workers
Mike E replied to Mike E's topic in Moving to the US and Your New Life In America
If people want to use a CPA, they should not read any of content. 😀 It is a running joke on VJ that CPAs are those folks who make you evade taxes by filing a single when married to a NRA who does not have a TIN. IMO, most LLCs are pass through entities and so taxes are paid on a personal 1040. But yes my understanding is one can opt to treat LLC as separate entity and pay corporate income tax. Corporate income tax today is 21 percent. Personal income tax on $100,000 for a MFS filer is $14,000. 14 percent is cheaper than $21,000. In my last example the contractor was earning 125K and filed jointly with a W-2 spouse earning $150,000. The income taxes on the couple ob $275,000 are $46,000. That is a rate of 16.7 percent. There there are costs of setting of LLC/S-corp and the costs for a CPA. It amazes me that people balk at paying a lawyer a one time life fee of $5000 to get a gc, and do not flinch at paying $2000 or more each year to a CPA. At least one state has a punishingly high flat LLC surtax even if the LLC generated zero revenue. Some cities will go after you to get a business license. US corporations pay hideously high taxes compared to most other countries.