Mike E

yes but …. 1. File I-90 to order a replacement gc 2. Print the electronic receipt 3. Use your 2 year card and valid extension letter to board a flight to U.S. (if flying). Do not tell airline you lost your 10 year card 3. At the port of entry, present your 2 year card, extension letter, and I-90 receipt. Be prepared to: * pay the I-193 fee * have your gc and extension letter confiscated. If so, you should be given an I-551 stamp. 4. If you are not given an I-551 stamp at the port of entry, use this process to request one: https://www.uscis.gov/newsroom/alerts/uscis-announces-additional-mail-delivery-process-for-receiving-adit-stamp , unless you still have your 2 year card and extension letter 5. if you do not have an unrestricted SS card, get one when you return to the U.S.

I am in shock. USCIS’s own rules are just meant to be broken. If only it put 1/100th of this effort into clearing the I-751 back log Congrats!

So Q-1 is an obscure visa for me, and I had not heard of it until today. But it explains all the foreign workers at Epcot. I have tried to some web searching, and I cannot confirm either way that adjustment of status is possible from a Q-1. Given she has a 15 month stay, you likely have time to give it a try if you still want to DIY. I-485s where the alien is not eligible due to visa category tend to get denied in under a year.

From the link I gave you it says: Add an overall cover page: It is useful to add an overall cover sheet with the description of the package and pertinent information such as the applicants name and address. Make sure the cover sheet indicates the package is an Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing. List the major contents of the package (i.e. I-485 and evidence, I-130 and evidence, I-765, I-131,etc). I am going seem harsh here. You were unable to discern this relatively simple facet from reading the guide. 1. Are you certain you are up to the task of a DIY I-485 process? Especially since: I-485 when the petitioner is not a U.S. citizen is tricky in general. These days because the Final Action date for that category is no longer current, it is even trickier. The date has regressed, and it appears it will be at least 3 years before USCIS considers her case. I think 6 years before she gets an interview or approval. See https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-july-2023.html Keep in mind that unauthorized presence is not forgiven when the petitioner is not a U.S. citizen. 2. BTW does your wife have an actual visa or is she here on an ESTA? 3. When can you apply for U.S. citizenship?

Yes. But you need more than tgose two forms .

2 years is typical now to get I-485 approved. I thought I-824 was needed when I-130 specified adjustment of status and the beneficiary wants to switch to consular processing and not the other way around. I cannot think of a single such “consular to I-485” case where I-824 was required. Would you mind linking to one?

It is possible. Starting this month, despite the 30 year wait to get a gc, citizens of certain countries who are waiting for a sibling visa will be invited to apply for parole into the U.S. This parole will let the sibling live in the US and let the sibling apply for a work and travel permit. My prediction is it will be expanded to all countries.

Probably no issue. LPR status is for living in the U.S. So if * she arrives on her IR-5, * next day flies back to her country of origin * 170 days later returns to the U.S. then do not be surprised if CBP asks her why isn’t she living in the U.S. Some on VJ claim there is a defacto rule that CBP grants new LPRs a 6 month pass to get their affairs in order. There is at least one counter example: I would not depend on this urban legend. LPR status is for living in America. So when she enters the U.S. on her IR5, if she plans to go on a trip for 170 days, she should not leave for that trip until she has 171 consecutive days of presence in the U.S. iOW, before going a trip that lasts N days, stay in the U.S. for N+1 days. If the goal is to naturalize, experience on VJ is that one should be in the U.S. for twice as long as one is away. Her remedy is I-131 (re-entry permit). Compared to flying back and forth every 170 days, it is not. Though apparently PIA offers cut rate deals so maybe it is cheaper to fly. But then again if I had an airline that refused to board LPRs I could afford to sell plane tix on the cheap. 😂 No it isn’t because it takes an hour to apply for it, and a 2 week wait for the receipt.

There are enough counter examples to suggest that the ISO you spoke to is at best misinformed. But as I earlier posted, I do agree with him on one thing: you are not getting an ADIT with months left on your current extension letter.

At least in Santa Clara county that is simply not the process. I doubt it is the process where OP lives. Maybe in one those California counties in the depopulated areas out east. Example: https://www.scscourt.org/online_services/jury/jury_duty_respond_summons.shtml OPTION 😄 If you are NOT QUALIFIED OR UNABLE to serve and would like to request a disqualification or excuse: Register by verifying/updating your personal information and submit your request for disqualification or excuse through the Prospective Juror Login Website. Select button below. One can find the web site for jurors in the county or federal court district and file the request to be excused.

Agreed. The lids are not derivatives. Their applications have nothing to do with their mom’s. If plan B, mon should file I-130s for each kid to enable plan C, since it appears she has higher earning power than OP, and just in case OP is struck by a bus or other mishap.

California is one of the states where jurors for non federal trials must be U.S. citizens. Jurors for federal trials must be U.S. citizens everywhere. Every California jury summons I have received has had an option by mail or online to request to be excused from duty, with reason. When the reason is: “I am not a U.S. citizen” I have always had to provide a copy of my green card. Went through that twice in California. IME you will get a summons once every 5 years as they assume you naturalized. Please post your summons so that you can be walked through the process.

The gaps across all trips should be such that between the beginning of the first trip to U.S. and the end of the last trip to the U.S., more days are spent outside the U.S. than inside the U.S. In addition, spend N days in the U.S., do not come back for at least N+1 days. Some people on visa journey recommend a ratio of days outside to days inside to be at least 2 to 1. So spend N days in the U.S., do not come back for at least 2 * N days. That your husband has filed I-130 will elevate the risk of denial of entry or worse.

When I had my wife’s records translated, for I-485 I specifically told the translation service to transliterate the last Burmese character of her second name to “a” (as it was on her passport) and not “ar”. It took several iterations, but I got the translation I demanded. If your translator refuses to transliterate as you demand, find a new translator. USCIS does not force you to use the translator you have selected. We initially used a translator in Burma for an affidavit, and our lawyer required the English version to say “under penalty of perjury of the laws of the United States”. The Burmese translator refused to translate that, insisting Burmese law would not let him do that. So I went with an American translation service that obeyed me.

That pattern of travel is high risk and will put your ESTA privilege at risk. Why are you spending the majority of your time in the U.S.?

I have never seen an NOA1 come after a physical biometric letter for I-751. For N-400, the electronic waiver of biometrics is usually delivered the same day electronic N-400 is filed. There is something really off with your case. Speculation: the NOA1 for an I-751 is printed on light green water marked paper, and perhaps there is a supier chain issue.

see below I do not understand the logic of not applying. * Even if it takes 30 years, in 30 years the world situation might be such that it makes sense * As we can see from the below, those who filed I-130 for their siblings are about to get rewarded. Rules are fluid. https://www.uscis.gov/FRP The U.S. Department of Homeland Security (DHS) has announced new family reunification parole processes for certain nationals of Colombia, El Salvador, Guatemala, and Honduras who are principal beneficiaries of an approved Form I-130, Petition for Alien Relative, and their qualifying immediate family members … However, you must receive an invitation to participate in these processes, and invitations have not been issued yet. We will update this webpage and make public announcements when invitations are issued. … Q. When will these new and updated family reunification parole processes start? A. We will begin sending out invitations to request consideration for these family reunification parole processes in June 2023. … Q. How long will the period of parole be? A. Individuals paroled into the United States under these processes will generally be paroled into the United States for up to three years. However, parole determinations are made on a case-by-case basis, and the length of parole may vary depending on each individual’s circumstances. After someone is paroled into the United States, they may apply for employment authorization while they wait for their immigrant visa to become available. Since you did not file I-130 for your sister, no invitation to parole will be coming.

That is bizarre. Ask to start July 26, and ask to take an unpaid vacation from July 26 to July 30. By July 31, I expect your SS card will arrive. BTW, regarding, There are reports of difficulties getting a Tier 1 on the phone. 1. What did you say and/or key in to the automated attendant to get a live person? 2. When did you call?

At the port of entry, if she identifies herself as a visitor, this is material misrepresentation. Her ESTA is good for boarding a flight, nothing else. Then why did you file SB-1? A is the faster option, assuming B visa wait times are measured in months in Australia as they are in in most countries. Airlines can legally board you with just your expired gc. Whether the airline also demands the electronic I-90 receipt or the paper receipt that has the Statue of Liberty water mark depends on the the airline employee that checks you in. Airlines do not have to board you. I am confused; you wrote: Of so, why do you care if a failed SB-1 impacts your I-90 decision? Again, why do you care?

QED

Because if I send 1000 pages I expect the ISO to read all 1000 pages. 1. Then why send it? From that one example, you are to extrapolating that all ISOs for all cases will sample evidence from 1000 page applications. 2. Are we seeing a trend here: most those with 500+ page filings are still not approved less than 2 years later?

https://help.cbp.gov/s/article/Article-1191?language=en_US “LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.” From 1101: “(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien- (i) has abandoned or relinquished that status, (ii) has been absent from the United States for a continuous period in excess of 180 days,”

More than 180 days, but otherwise that is correct. The re-entry permit does not have to be in hand (and approval times take years). Instead it suffices to leave the U.S. after the I-131 receipt is in hand. This receipt can be used to show CBP that the LPR did not intend to abandon LPR status. If flying from south Asia back to the U.S., if the re-entry permit is not in hand, avoid south Asian carriers, as there have been reports some of these airlines will deny boarding if the LPR has been out more than 180 days.

@Dashinka CBP will not charge the airline for the cost of I-193 because OP has a valid boarding document per CBP’s memos written to the airlines. OP has an expired gc. The remedy is file I-90. Most airlines will board an LPR who has a gc with I-90 receipt. There hundreds of success stories of LPRs with expired GCs and valid extension letters being boarded: