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Mike E

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Everything posted by Mike E

  1. Lord protect us from ISOs who burden applicants with these trifles. They know the tickets were paid. Otherwise the FBI sheet they would show warrants. And if there aren’t warrants on an unpaid ticket these are trifles. Experiences like yours are why I gave the advice I did to OP.
  2. There are exceptions but in general the rules are: * RFE for I-693: waiver * Notice of deficiency for I-693: interview not waived If money is no object, K-1s should always submit I-693.
  3. Per the state department link I gave you, ”Alternate Documents: In the absence of a birth record, a person claiming birth in Guatemala can create a record of the birth through a judicial process in the Guatemalan court system. Once the court process is completed and evidentiary requirements are met, the court will issue an order authorizing RENAP to issue a delayed birth certificate (certificado de nacimiento extemporaneo). The required steps for obtaining a delayed birth certificate are listed on the RENAP website. Delayed birth registration may indicate fraud in the registration and should generally be supported by additional evidence. Exceptions: None Comments: If an applicant claiming birth in Guatemala does not have a RENAP birth certificate, he/she must complete the requirements to register their birth with RENAP. More information on the process is available on the RENAP website. Birth certificates are valid for immigrant visa purposes for up to one (1) year from the issuance date listed on the birth certificate.“ So it seems your lawyer is correct, but even what the lawyer says might not suffice if the birth certificate results in a delayed registration. Does the child have a U.S. passport yet?
  4. 1. I look for immigration lawyers that are top rated in Google maps and Yelp. 2. Then I eliminate the ones that aren’t exclusively practicing immigration law. 3. I narrow it down to top 5 4. Eliminate the ones that are not listed at aila.org 5. Eliminate the ones that are not members of the state bar. Note that in NY State there are multiple bars so this can be trickier yet it is doable. Of the lawyer claims to be a member of a particular bar you can find that bar’s website and verify. 6. Next read every negative review of every lawyer. The negative reviews will either be from high maintenance customers who complain about meaningless stuff. And negative reviews about material stuff. If the latter reviews ring true then eliminate lawyer. 7. Next the positive reviews. You want to look for reviews that refer to EADs and litigation.
  5. 1. Is this a birth in Guatemala? 2. Is this a a CRBA or is it the document described as a “record of birth” in https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Guatemala.html ?
  6. They count. There are other clocks that can help relieve a petitioner: * A total of 40 social security credits earned by couple while married, dating from when the beneficiary became an LPR. So at least 5 years of marriage. There has been controversy on VJ that this clock is doesn’t apply if there is divorce. This has been settled. The Ohio state supreme court ruled that I-864 obligation ends with a divorce, and a federal court refused to intervene. https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf I believe the petitioner does need to get ahead of this issue during the divorce proceedings. * A 10 year clock dating from date of marriage. If the marriage lasts 10 years, if the petitioner has 40 lifetime social security credits, there is a legal argument I-864 is void because the beneficiary is eligible for social security benefits. The retirement benefit is 50 percent of the petitioner’s (and the petitioner’s benefit is not reduced). The simplest way to rid one of the obligation is to help one’s spouse to naturalize.
  7. ping. Also, this request below remains unfixed for the past 10 years
  8. The federal government likely can still see the record. Since it happened last year you should try to get the information from your state’s judicial system and/or department of motor vehicles. For an ancient traffic ticket I would not (and did not) note it on my N-400 or at my interview. But you’ve no reason to not attempt to get all the information for something this recent before your interview and disclose at your interview. If you filed online add the information to your case and add a signed statement stating you wish to amend your answer to question 23 Then repeat exercise at the interview. If neither the motor vehicles Department nor the court system has a record, get it in writing and attach that. Since you went to traffic school (which prevents your insurer from seeing it) there might be no record (that is accessible by you) now.
  9. Absolutely. I did. It worked out fine. For us there was no question about this, as postal service isn’t really a thing in my beneficiary’s country.
  10. Democrats are hurt that the red wave did in fact happen in NY State and they were caught undressed in Santos’s district. Nancy done messed up here when she didn’t spend enough PAC money to support Santos’s opponent (whom no one can remember). Nancy’s famous arrows in her quiver (made in 1669 as a birth gift from the Mohawks) misfired again. Democrats should easily win this seat back in 2024. I say “should” because there is no such thing as bad publicity and all it takes is for a skilled political operator to reframe Santos as a sympathetic victim. And then in 2032, after the next census, the seat will just go away and move to Florida.
  11. Delay marriage until the trip to SSA. Go to SSA 2 business days after arrival into USA as @powerpuff wrote. Fwiw we did. Even in 2019 a growing chorus on VJ said 2 weeks was too conservative. As I recall, the SSA clerk asked my fiancée if she was married. She was not. So go to SSA in the morning and then get married later that day. Since you have a job offer, and thus will have future income, I suggest that while saving money through DIY is virtuous, a DIY I-765 expedite might be penny wise and pound foolish. So I would be now lining up a lawyer to takeover the entire I-485 process, with the lawyer understanding that you want I-765 expedited and if necessary litigated. With a signed job offer this should be a routine case for an experienced litigator. Make sure to go the state motor vehicles department with no less than 61 days left on the I-94 authorized stay.
  12. Some say yes. Some say no. No reason to not list those countries that I can see.
  13. I was so looking forward to NIST defining an objective measurement unit of lying that thus far eludes Chest. It seems like I am the only one who wants to weaponize lying starting with Santos. Doesn’t seem like we will get there. That which is measured improves. That which is not degraded. And so the result is Santos, who took it to the next level, even if we struggle to objectively define that level (but have we actually tried?). The 2020s are an amazing decade.
  14. I’ve never done one myself. Web searches are your friend. Maybe start here. https://foiaonline.gov/foiaonline/action/public/home Do you have a copy of your green card or immigration visa, and evidence of being in your mother’s physical and legal custody at the time she naturalized? If so, you can use all that instead of a certificate of citizenship. Still it sounds like fees don’t phase you, so you should file N-600.
  15. “USCIS Will Charge $3,000/Hour To Process Work Authorization under New Rule” With that kind of revenue, good luck filing a writ of mandamus to get an I-765. USCIS can hire lawyers out of law school, pay them $50 an how ($100K a year), and tie up simple petitions forever. Other petitions have similar fees per hour and thus USCIS will be welcoming more litigation. Federal courts will be swamped. If these hikes go through (and as the analysis increases I do expect the courts to say no again) then I think occurrences of spousal I-485s are going to decline by double digit percentages. This includes adjustment of status though K-1, B status, and visa waiver. I-485 through F-1 status will limp along, with freshmen and sophomores filing and juniors and seniors balking. The exceptions to the above will be when the petitioning spouse is affluent or has an affluent parent, sibling, uncle, or aunt. The result will be a shift of more of USCIS’s current spousal burden to the state department. We will see fee hikes there as a result. I think legal immigration fees should be fair. But discouraging lawful immigration, especially by people from countries where people are inclined to have more children, is counter productive considering the aging population. As Americans we better hope that improving AI and robotics are good enough to replace the lost labor from an aging workforce.
  16. At my wife’s I-485 interview I was required to produce my naturalization certificate The ISO was tough, by the book, and fair. My wife’s N-400 interview letter says to bring: “Your spouse's birth or naturalization certificate or certificate of citizenship.” You might. Do you have your mother’s naturalization certificate? Moat of the time, it seems the ISO is satisfied with the petitioner’s US passport. There was a AMA on Reddit last year by a USCIS ISO who said that sometimes a passport of a petitioning spouse isn’t good enough. You have time to do an FOIA of your mother’s and your USCIS and DoS records. This is another advantage going the CR-1 route. An CO can’t really say a U.S. passport of a petitioner isn’t good enough because the CO’s department issued the passport in first place. Are you aware of the proposed fee hikes for I-485, I-765, I-131, and I-751?
  17. First do the Passport and passport card. After you get those, use the same evidence you used for passport and passport card to file N-600
  18. Will be an interesting consular interview
  19. 3/3 tonight I picked the Bee. I lost each time. You beat me like a rented mule.
  20. If it was the big thing why not lead with it in your OP? But if is an issue for a Brazil, they can try to extradite him. Except that because a Brazil’s constitution doesn’t allow it to extradite its own citizens to other countries, the Brazil / U.S. extradition treaty doesn’t allow Santos to be extradited. Because America does reciprocity. https://internationalextraditionblog.files.wordpress.com/2011/03/brazil1.pdf So given Santos is innocent until proven guilty, and given he isn’t going to trial, the check fraud allegation is a nothing burger. And after that there is nothing left. Unless we want to weaponize politicians lying. And I do want to weaponize it. Do you?
  21. It’s a good point. Some consulates confiscate. Some don’t. I think it is illegal to confiscate. Good luck litigating it. One more reason to not try for an SB-1
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