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Mike E

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Everything posted by Mike E

  1. If your tax return is accepted, file an amended return.
  2. Then your explanation makes sense. Correct it in the ds-160
  3. The seConf error is nothing to worry about. The first error’s explanation doesn’t make sense. I can understand 10/1 to 1/10. I can’t understand. 1/1 to 10/10
  4. Yes. You should be filing joint taxes at least through naturalization.
  5. If? No, but it your spouse filed I-130 for you then you should.
  6. Lawyers who practice law outside the U.S. sometimes charge less money. I guess the real question is can you afford not to hire a lawyer.
  7. Some birthday children find a pony in a bag of horse manure. The rest take the bag to the trash and save up for a bicycle.
  8. 1. Why was it denied ? 2. Where are the permanent residents today?
  9. If this issue keeps you worried, you should hire a lawyer licensed to practice U.S. immigration law. The lawyer doesn’t have to be living in the U.S. See https://www.ailalawyer.com Given there is a deadline for you to reforge your immigration visa, I think people who win DV should get a lawyer, because it is unlikely the winner will win DV again.
  10. 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 she reached age 18 IMO 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. 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 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 try 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 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 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.
  11. It seems obvious Kantu (wherever that is) split into Kantu 1 and Kantu 2. And if the embassy in is the same country as where Kantu is, the embassy should know that. Cities, districts, provinces, countries split, merge, change name all the time.
  12. She needs to pursue a CRBA for her child. A CRBA is evidence of U.S. citizenship. IME this is going to be hard. If he can afford a U.S. immigration attorney it will be easier
  13. It’s stupidly written form. But applying some critical thinking. https://eforms.state.gov/Forms/ds11.pdf I wasn’t born in the USA either. So blindly following the form I would go to the right hand side. None of the examples of evidence apply to me: Applicants Born Outside the United States If we determine that you are a U.S. citizen, your lawful permanent resident card submitted with this application will be forwarded to U.S. Citizenship and Immigration Services. I don’t have a green card. I gave it up when I took oath of citizenship at my naturalization ceremony Claiming Citizenship through Naturalization of One or Both Parents), submit all the following: Neither of my parents naturalized Claiming Citizenship through Birth Abroad to At Least One U.S. Citizen Parent, submit all the following: Neither of my parents were U.S. citizens I wasn’t adopted by a U.S. citizen. Yet with my naturalization certificate, I got a U.S. passport.
  14. If the embassy refuses to comply with the law, then she needs to come home and renew her passport at U.S. post office.
  15. https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html I was born outside the United States Full validity, undamaged U.S. passport (expired passports are accepted). Full validity means the document is/was valid for 10 years for adults and 5 years for children under 16.
  16. I believe this, https://th.usembassy.gov/u-s-citizen-services/passports/applicants-16-and-older/ does not say what you are seeing.
  17. This is the only evidence of U.S. citizenship she needs to get a new passport.
  18. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-3-pay-fees/nvc-fee-payment-faqs.html#fee5 “ I paid the AOS fee for one case; do I have to pay the same fee for my other cases? You must pay the Affidavit of Support fee for each case unless you are petitioning for your spouse and/or child(ren) and submit your Affidavit of Support for each case to the NVC at the same time.”
  19. 1. Is she a U.S. citizen? 2. How old is the younger brother? edit: nvm. Not sure why the second fee isn’t being asked for.
  20. Iris took oath of citizenship as scheduled. The appointment listed on the letter was 12:30 pm. I looked up the court house, and interestingly it said 1:30 pm. We still aimed to get there before 12:30 pm. https://www.azd.uscourts.gov/sites/default/files/documents/Naturalization Ceremony-Tucson.pdf The presiding judge listed was Jennifer G. Zipps ( https://en.wikipedia.org/wiki/Jennifer_Zipps ) who was appointed to the bench by President Obama after her predecessor was killed in a mass shooting in 2011. Judge Zipps did in fact preside over the proceedings. We parked at a nearby garage in downtown Tucson, around NOON. We walked from there and arrived at the door of the court house with a line of about 20 people ahead of us. As expected there is security check point at this court house. By the time we got to the actual court room it was 12:24 pm, and there was a line of 40 or so people ahead of us to enter the court room. While in line, a USCIS officer checked for Iris's oath letter, and quizzed her on travels (yes, one week in Mexico). The officer then kicked me out of the line and told me I could enter the court room, provided I stayed behind the gate area. In front of the gate is where normally jurors, prosecutors, defendants, and the judge sit. There were few seats left for guests to sit in, but I managed to find one. Iris was one of the last applicants to enter the gate area. The lucky few who came after her got to sit in the jury box, which must have been cool. Another USCIS officer acted as emcee before Judge Zipps arrived, and ran through stuff like registering to vote, getting a passport, and reminded those applicants who had kids with green cards in their physical and legal custody that those kids would become citizens. He then said they had two paths to evidence of citizenship: passport or certificate of citizenship. The officer said he was not allowed to state which was better. Which was weird to me. The latter is obviously better, and there isn't actually a choice between the two: get both. Plus this close to the border, get the kid a passport card too. The officer announced the countries being represented in today's field of applicants, and asked applicants to rise when their country of citizenship was called. He was hard to understand and Iris missed out when Burma was mentioned. As expected Mexico dominated this field of applicants. Canada was a distant number 2, as in exactly 2 people out of 50 stood up. Just one European (Finland). Finally Judge Zipps arrived. She first invited guests who were standing in the back to sit in one of the chairs (i.e. the jury box!) in front of the gate, but no takers. USCIS (or the Daughters of the Revolution who were the organizers) had arranged for a one of applicants to leads us in the pledge of allegiance. She was seized by stage fright (which alarmed her husband who was sitting next to me) and quickly another applicant was asked to issue the pledge. Understandably he was a caught off guard and had a slow start. After the first couple lines, the audience helped him out and we finished it with him in roaring fashion. We then stood for the national anthem. The judge read in alphabetical order the names of each country being represented and this time Burma was heard by Iris and she stood. Rwanda came and went, with no mention of Mexico. So for 5 seconds, the Mexicans must have thought they were skipped. Then she announced Mexico, over half of the applicants stood, and the crowd roared its approval! Perhaps she is this playful when sentencing convicts. Next the judge asked any of the applicants or guests to approach the podium to say whatever they wanted. It was quite moving to listen to the words of applicants and guests, as they talked about what being a U.S. citizen meant to them or their congratulations to the field of applicants and in particular their loved whom they came to support. I lost it when a Cambodian in a dress uniform (afact, a U.S. Coast Guard chief petty officer or higher) spoke about how he would do anything to protect this country, moments before he was about to take oath. I was prepared with tissues. This went on for 45 minutes as dozens had their say, ranging from toddlers to folks well past 60. I had the impression Judge Zipps would have waited until everyone had their say well into the evening if necessary. Finally the judge directed her clerk to lead the field of applicants in reciting the Oath Of Citizenship. We rose as the judge left the court room and viewed a recorded video message from President Biden. After some photos, we were out of there, and headed to dinner to celebrate. We did not wake this morning hung over, but did sleep more soundly than usual. I was surprised the certificate didn't come with a paper folder with gold USCIS logo as mine did. Maybe they ran out. Also surprised that the photo they used didn't come from the biometrics taken at her interview and instead was that of her green card. Overall the entire experience is consistent with that I've seen portrayed by Hollywood, as opposed to mine in 2018 which was nice, but the Campbell, CA community center lacks the grandeur of a federal court room. On to the passport application on Monday. Some takeaways if you are having a court room oath: Your guests should arrive early to get a front row seat. This court room had just 3 rows of seating. You however should enter the court room as late as possible you want a seat in the jurors box. Bring a rigid folder to secure your certificate
  21. K-1 is a non immigrant visa. It means nothing with respect to approval or not.
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