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Demise

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  1.    TBoneTX reacted to a post in a topic: VAWA, Part 27
  2.    Meingandu reacted to a post in a topic: VAWA, Part 27
  3. Demise
    Master hearings are generally very brief. If you have a lawyer your lawyer will be doing 99% of the talking. Other than that the way it'll basically just look like: If it's the first one: Do you admit or deny the allegations in the NTA? What language do you speak? What is the designated country of removal? If it's any then it's basically just taking attendance and the status of your case. E.g. Did you show up? Good. Is the I-360 still pending? Yes: Reschedule for another one. No: Either grant a motion to terminate or schedule you for an individual hearing. (Similar vein with EOIR-42B where if it's still backlogged - reschedule, if it's current - individual hearing, COR can only be granted by an IJ). That's about it, master hearings are for the most part just procedural.
  4. Demise
    Her, but hey always happy to help
  5.    Wyboxcx reacted to a post in a topic: Reentry permit
  6.    TBoneTX reacted to a post in a topic: Waiver could be requirer if cross illegally to US from Mexico paying a "coyote"?
  7.    TBoneTX reacted to a post in a topic: Waiver could be requirer if cross illegally to US from Mexico paying a "coyote"?
  8.    RodAguilar reacted to a post in a topic: Waiver could be requirer if cross illegally to US from Mexico paying a "coyote"?
  9. Demise
    Generally people like that end up in that situation because they paid for a coyote to later smuggle a relative (e.g. child). When it comes to the alien smugging bar, you can't get it for smuggling yourself in.
  10.    RodAguilar reacted to a post in a topic: Waiver could be requirer if cross illegally to US from Mexico paying a "coyote"?
  11. Demise
    None of the things noted in the other thread should be applicable. The inadmissibility for Entry Without Inspection disappears the moment one leaves the US and is basically a dead letter in ways that aren't relevant here. None of the unlawful presence associated bans (3, 10, or lifetime) would apply since they didn't come into effect until the effective date of IIRIRA in 1997. There is the very slight chance that they could slap her with "alien smuggling" however that is unlikely. The section of law in question boils down to "any other alien", i.e. one cannot get it for smuggling themself in. Basically she'd need to arrange for someone else to get smuggled in, and if that someone was a parent, spouse, son, or daughter - then there's a waiver available. All in all, I think she'll be fine.
  12.    Kel_H reacted to a post in a topic: Traveled to Canada for 20 days after entering the U.S. on a K-1 visa (June 1–22). Seeking reentry under Automatic Visa Revalidation (AVR).
  13.    TBoneTX reacted to a post in a topic: 14 years after i130 approved and immigration judge dismissed deportation process
  14.    Demise reacted to a post in a topic: 14 years after i130 approved and immigration judge dismissed deportation process
  15. Demise
    Yeah good point, lol.
  16.    OldUser reacted to a post in a topic: 14 years after i130 approved and immigration judge dismissed deportation process
  17. Demise
    Not an option unless someone petitioned you, or a parent (and you were under 21 and unmarried at the time), or a spouse, before April 30, 2001 (also known as 245(i)). Like the thing about overstaying is that immediate relatives of US Citizens (that is spouses, parents, and unmarried children under 21) generally can adjust status despite that. In most other categories that prevents you from being able to AOS. Can't really leave to do consular processing either because you'll catch a 10 year ban. Maybe if you have a USC or LPR parent I-601A would be an option, but as is either you'd need to get back together with your wife or wait until your daughter turns 21.
  18. Demise
    I don't think you'll need a good lawyer OP, what you need is a kid that's over 21 and a US citizen who can sponsor you. Though first order of business should be to do a FOIA for the entire copy of your A file and see what exactly happened in there.
  19. Demise
    Yeah fair point, in that case just stick it under the secondary evidence. Or last option just file a paper form.
  20. Demise
    It really won't matter. That question is really only meant to verify that you gave the surgeon some ID, and they looked it over and verified that the ID matches you. If they interview you, just bring your passport with you and in the unlikely event they ask just say "yeah I think they copied the wrong number off my passport". USCIS in general isn't too picky about how the I-693 is filled out as long as it is mostly correct. When I did mine I just put it in an envelope with the RFE notice and threw it into a mailbox. Looked over the copy after I got home and some of the vaccinations weren't done completely right (missing a few of checkboxes for insufficient time interval) and USCIS took it just fine.
  21. Demise
    Give the requirements and the list provided I'd stick that under "evidence of child's U.S. citizenship", since the derivation does hinge on the child residing in US in your physical and legal custody, or alternatively put it under Secondary evidence.
  22. Demise
    Yeah I wouldn't really treat this as gospel since if this was a mistake then USCIS can give you a hard time when it comes to AOS. You obviously entered legally so you'll be able to adjust, but they might decide that the K-1 went poof the moment you left and demand an I-130 from you instead, of course they might as well honor it. So you know, plan accordingly. If you want to test it: marry within the I-94 period and file I-485 based on the I-129F. If you want to play it safe marry and file I-130/I-485 as a spouse instead. In any case include I-765 (category (c)(9)) for a work permit and I-131 for advance parole and don't travel abroad until the I-131 is approved.
  23. Demise
    So N-400 does ask, but the question is solely in the context of "good moral character" which only looks 5 or 3 years back depending on the basis for naturalization. This is similar to how example failure to register for selective service makes you ineligible to naturalize until you turn 31 or 29, but all in itself it doesn't make you inadmissible, or deportable, or barred from naturalization. So my take on it is: disclose it, continue working towards resolving this with the IRS (and any state department of revenue, if applicable), explain the circumstances, and you'll be fine.
  24. Demise
    Yeah you pay on the USCIS website. Overview: https://www.uscis.gov/forms/filing-fees/uscis-immigrant-fee Payment page: https://my.uscis.gov/accounts/uscis-immigrant-fee/start/overview In the meantime her stamped immigrant visa is a proof of status until June 14, 2026. So you know, get this out of the way ASAP but if it takes a few months for it to actually get mailed out it's no big deal.
  25. Demise
    Well OP, I think you just got a boilerplate response email. Here's the problem, the AVR is specifically only for F, J, M, and Q visas. If you married, the K-1 is toast, your now spouse will need to file an I-130 for you and you'll need to proceed as a CR1. If you didn't marry, then you could try to have the K-1 reissued but that's strictly discretionary and you should honestly expect to file a new I-129F.
  26. Demise
    I mean, I don't think this should normally be a problem but then again ICE is ICE. The pending I-485 gives you a period of authorized stay while that's pending. I'd keep your EAD and ideally a copy of the I-485 receipt notice on your person if ICE has been spotted poking around the area.
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