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Mike E

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Everything posted by Mike E

  1. Her gc name is her legal name in the USA now. How State or USCIS allowed her visa, gc, and birth name to diverge is beyond me. If she ever plans to petition a relative for an immigration benefit she should clean this up.
  2. https://www.ustraveldocs.com/lb/lb-niv-securityinfo.asp The following persons may accompany an applicant on a case-by-case basis during Consular-related visits: Interpreter: Applicants may request to bring one interpreter if they do not speak English or Arabic well enough to participate in an interview. The request will be reviewed on a case-by-case basis. Special Needs Visitors: Applicants may request to bring one person to help if they are elderly, disabled, or if the applicant is a minor child applying for a visa. The request will be reviewed on a case-by-case basis.
  3. You are hoping after you change your mailing address that USCIS will properly record it. Visajourney is full of tragedies where this didn’t happen. I suggest you get a usps or private mailbox in the USA that is in driving distance from where you will live in Mexico before you file I-130. This can be your permanent mailing address. Or get a virtual mail box that forwards your mail to anywhere you want.
  4. Yes they could. Recommend you hire an attorney to get the removal proceedings from the denied first RoC dismissed. see
  5. U.S. passport holders don’t need a visa to enter DR. U.S. LPRs are granted a visa waiver. I googled this for you:
  6. this and the below contradict each other. As predicted. She’s lucky she didn’t get a secondary
  7. Ideally they RFE for a new custody order. That would protect your kid. Someday in the U.S. someone is going to demand proof of your custody. Hopefully not before your kid needs medical treatment.
  8. Not for I-129F. You can use a U.S. passport, passport card, EID, or EDL. For the K-1 visa interview, birth certificate, passport, or passport card. For I-485, birth certificate. Fir N-400, birth certificate.
  9. Probably. I hope you get legal custody. Otherwise this kid is going to be facing a night mare.
  10. You need to think a few moves ahead versus being fixated on the IR-2. 1. Are you sure your kid isn’t already a U.S. citizen? 2. If your kid is a U.S. citizen expect the IR-2 visa to be denied. 3. if your kid is not a U.S. citizen now, if you don’t get joint or full custody, then not only will your kid not be a U.S. citizen upon entry with the IR-2, when your kid reached age 18 or old and tries to file N-400, USCIS might say “but you should already be a U.S. citizen” and so deny your kid naturalization. 4. Why are you resisting changing the custody order, given your ex is giving consent:
  11. You need to get joint custody. Otherwise your son won’t become a U.S. citizen when he enters the U.S. on his IR-2 You will also avoid I-864 and the green card fee. This all assumes he is not a U.S. citizen already.
  12. Try USCIS ombudsman before suing. The paper from USCIS giving them 120 days was a fatal mistake on their part.
  13. The RFE suggesting you submit evidence of an engagement ceremony and financial support was both tragic and comedic. This disgusting agency shows no limits on how to entrap people. And asking for evidence of wedding preparations considering g it takes these cretins 2 years to adjudicate a simple petition takes the cake.
  14. It’s possible to get a CRBA without the father’s name on the birth certificate. 1. Has the father, in writing, ideally in front of a notary: * acknowledged the child as his own? * agreed to provide financial support for the child? 2. Does the father have evidence of being a U.S. citizen before his child was born? 3. Does the father have evidence of at least 5 years of physical presence in the USA before the child was born and were were at least 2 of those those years after the father reached age 14? 4. Is the child under age 18?
  15. An example of someone who failed to keep a low profile: I’ve never heard of these cases ending well. The OP for that case hasn’t visited VJ in over 3 years. When you know you will be up against the I-94 deadline, a competent lawyer is recommended.
  16. I’m doubtful this I-90 will be processed. More doubtful she will be given a biometrics appointment for a USCIS office in China. See to understand how the I-90 could have been filed. 1. Was she issued a 2 year or 10 year green card? 2. Has she been filing income tax returns with the IRS? If she did, then that or her original stamped immigration visa (assuming that is how she got her gc) or her notice if approved I-485 will be enough to let enter enter a port of entry at the USA, assuming she can find a way to get to one. Also print the scan of the green card. 1. visa for Mexico, fly to Mexico, enter by land. 2. visa for Canada, fly to Canada, enter by land. 3. Assuming she is a citizen of China, use her CNMI visa waiver privilege (no ESTA required) and fly to Saipan. https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html In all cases: 1. She must present herself as an LPR and provide the documentation I’ve noted. 2. She must refuse to file I-407 3. She should be prepared to sign I-193 and to pay the fee. The fee might be waived. 4. She should have a good story for why she waited so long to come back to the USA. The foul up with her original green card combined with the pandemic are plausible. 5. Before she leaves, she should call USCIS, say “info pass”, and request an appointment for an I-551 stamp on her passport at a USCIS office in the USA.
  17. did she get an I-551 stamp on her passport? did you file I-90? What address did you list for her?
  18. I’ve never heard of it coming up. My personal record of timely AR-11 filings is mixed. Never came up.
  19. When they do, refer them to your criminal defense attorney and do not communicate with them except if your attorney says it is ok. And you should stop talking about your criminal case here too.
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