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Mike E

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Everything posted by Mike E

  1. No age out because I-130 was filed before age 21 https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa “If you are an immediate relative, a VAWA self-petitioning abused spouse or child of a U.S. citizen, or a derivative child of a VAWA self-petitioning abused spouse or child of a U.S. citizen, your age is frozen on the date the Form I-130 or Form I-360 is filed. If you were under the age of 21 at the time the petition was filed, you are eligible for CSPA and will not age out. However, you must remain unmarried in order to qualify.”
  2. https://en.m.wikipedia.org/wiki/Portal–North_Portal_Border_Crossing
  3. I added text to each photo: date, place, who. Several photos inserted into a 8.5x11 inch sheet electronically and then printed. All tax return transcripts filed since becoming an LPR. 1 per quarter
  4. Your SSA office is staffed with incompetents. We got my wife an unrestricted SS card with her 2 year gc abs extension letter by walking into 88 W 38th St #100, Tucson, AZ 85713. Make the trip. The clerk knew exactly what the deal was and even knew where my wife lived. It was the easiest social security experience I’ve ever had.
  5. This is sad. Had they asked here or any of dozens of immigration websites they would have been told to not not leave the USA. They need to fire their lawyer and get a competent one. Sounds like they have done that. The new lawyer will file for a waiver to overcome her 10 year ban. Hopefully he has done that. However think in terms that coming back to the USA in 2-3 years. Which is better waiting 10 years. but when she fiend back she will be an LPR. Sounds like they are 18 months into process. So hopefully 6-18 more months.
  6. That’s what I am thinking too. So if we knew the ports of entry, then we could suggest those ports to LPRs who have been out for 181 or more consecutive days or those who spend more time outside the U.S. than inside.
  7. 1. Which land ports of entry have they refused I-407? 2. What times of the day? 3. What days of the week?
  8. It is normal. It might. However since I-751 is not approved yet, you must assume it will be a combo interview. Both of you need to be available. No, because per your timeline, I-485 was approved 12-31-2018. The 5 year rules requires being an LPR for 5 years at the time of interview. Your passport will probably be enough proof but some ISOs will require your original U.S. birth certificate
  9. Is interesting. The OP keeps asking to file I-407! At the preclearance port of entry and CBP keeps talking OP out if it.
  10. Just keep using your gc to enter the U.S. Eventually you will get a cbpo that asks you to file I-407
  11. What perception problem? Anyway you cannot refuse an SSN. Once issued you have to disclose it on any USCIS or State department form that asks for it. There is no 30/60/90 day rule.
  12. This week, Jim Hacking put up a video about this. He was clear: the only thing you can do is hire a lawyer to file a writ of mandamus
  13. Your notice of action for your approved I-129F should have language that says "Valid from mm/dd/yyyy to nn/ee/xxxx". My wife's was valid from 9/14/2018 to 1/13/2019. The beneficiary is expended to have scheduled an interview by nn/ee/xxxx. The embassy is free to extend it. If your beneficiary wants to extend it, he contact the consulate and ask. But don't be surprised if the answer is no.
  14. That was my thought. It depends whether the 2 year extension is dated to the date N-400 was filed or from the expiration date of the 2 year green card.
  15. https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-to-automatically-extend-green-cards-for-naturalization-applicants Release Date 12/09/2022 Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manualto allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization. This update (PDF, 307.54 KB) is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice. Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status. Applicants who applied for naturalization at least six months prior to their Green Card expiration were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. This policy was based on the processing goal of 180 days or six months for Form N-400s, which would make filing Form I-90 unnecessary for applicants who filed at least six months before their Green Card expiration date. This policy update recognizes USCIS’ current processing times, while improving flexibility and efficiency by reducing the number of ADIT stamp appointments in field offices and the number of Form I-90s filed, which allows for these resources to be focused on other immigration benefit adjudications. The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to Dec. 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status. Lawful permanent residents who lose their Green Card generally must still file Form I-90, even if they have applied for naturalization and received the automatic extension under this updated policy. This is because noncitizens must carry within their personal possession proof of registration, such as the Green Card and any evidence of extensions or may be subject to criminal prosecution under INA 264(e). Applicants who require an ADIT stamp may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center. Visit the Policy Manual Feedback page to comment on this update. For more information, visit our Replace Your Green Card page. For questions specific to employment, please see I-9 Central.
  16. At a preclearance port of entry CBP can easily say "nope". At land port of entry, CBP legally has to admit them. Consider flying out of an airport that doesn't have preclearance and has nonstop flights to the U.S., such as Regina or Toronto Island. If the arrival airport in the U.S. has automated passport kiosks that use facial recognition, then their chances of getting through without an NTA increase.
  17. 1. Legally it is 100 percent. You legally cannot be denied entry. The only question is whether you will be processed as a returning resident (good) or arriving alien (bad). If the latter you will likely get an NTA, your gc taken, and replaced with an I-551 stamp. You should return now and fly into an airport that uses facial recognition kiosks to minimize interactions with CBP. 2. It will increase chances of no NTA 3. See 1 4. Since your wife can petition you, your lawyer might argue that revoking your LPR status is pointless. 5. I believe so, but this is not DIY I believe the consulate will reject your SB-1 application.
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