Jump to content

Demise

Members
  • Posts

    1,583
  • Joined

  • Last visited

9 Followers

Profile Information

  • Gender
    Female
  • State
    Minnesota

Immigration Info

  • Immigration Status
    Adjustment of Status (approved)
  • Place benefits filed at
    Nebraska Service Center

Immigration Timeline & Photos

Demise's Achievements

Recent Profile Visitors

5,037 profile views
  1. If you're that broke there is one last seldom used option, but it might help in your specific case. Include an I-765 under a category code (c)(14)( ) and I-765WS (this is required for any deferred action based EAD). VAWA prima facie determination comes with a supplemental grant of deferred action. Deferred action makes you eligible for an EAD under category C14. C14 EAD for VAWA self-petitioners is free to file. PFD also is a lot faster than waiting for the I-360 to be approved.
  2. 1. Looks like there's some technical difficulties going on at USCIS, that's why cases phase in and out. The online access code generally arrives on a separate notice sometime later. While probably less convenient you can in the meantime check the case status using the case#. 2. For the kids the best option would likely be to schedule infopass appointments and get them ADIT stamps.
  3. Any other documents for what exactly?
  4. 1. You can apply for a social security number using the foreign passport with a stamped immigrant visa, provided it's within 1 year of entry. Then after his US passport is issued just update SSA that he's a citizen. 2. No, you do not have to pay the immigrant fee. Normally that's strongly recommended because even though it has no bearing on one's status it's pretty hard to prove one is a permanent resident without a green card. In this case where I presume he became a citizen upon entry under the Child Citizenship Act of 2000, you can just skip that.
  5. It's more the law that's stupid. There's privacy protections for VAWA, U visas, and T visas. In theory they're supposed to protect you from someone accidentally revealing information to any unauthorized third parties. In practice any kind of inquiry or request has to go through your senator/congressman because you can't call, can't use the website, and you can technically mail them but doesn't seem like anyone really looks at the incoming mail.
  6. @Meingandu Pending I-485 gives you a period of authorized stay in US. Basically you may not have any kind of concrete legal status between an expiration of a visa and until I-485 is approved, but while it's pending you're legal. Regarding NTAs you have to remember that the immigration agencies are more reactive than proactive. You'll get an NTA if you're in US illegally and get caught (either by ICE or get arrested for some crime). Or you apply for something with USCIS and get denied. Nobody is really looking at H-1B expiration dates and filing NTAs as they expire because there's a bunch of factors to consider (did you apply for extension/change of status, did you file for AOS, did you leave, did you die, etc, and the records are decentralized). In this case there's also no good reason for anyone to file an NTA because pending I-485 keeps you legal and even if it got to a hearing in immigration court the judge can't order you removed until the I-485 is denied at point of which USCIS would likely just forward you to ICE anyways.
  7. Well looking at the actual changes to the policy manual I don't really see that much being different, it mostly just codified things that the VAWA teams already did. The current admin loves to claim about widespread fraud because it's an easy allegation to make, it's difficult to disprove, and there's always going to be at least 1 incident of fraud in no matter what you look at. You can look at parking meters in any large city and you'll find some genius who figured which washers fool the meter into thinking its a quarter. Numbers going up is not any evidence of fraud. Funnily enough the amount of men who filed went up less than the overall number of applications filed (and it's "male applicants" rather than husbands, so sons and fathers too), so comparatively the rate is lower than it used to be. Parent applications weren't even being accepted until FY 2017. Of note is that number of approvals has been going up, number of denials has been for the most part flat so denial rate has in fact been going down. Then there's the fact that a lot of people simply do not know what avenues of relief are available. A lot of this spreads by online posts, maybe lawyer advertisements, and word of mouth. Also, not all immigration lawyers do VAWA, and as they start doing them and get more proficient in them, they will try less solid cases. Finally, fraud in immigration means that you lied, not that the case would never get approved. If you submit a case that's literally "On or around June 11, 2007 my USC son called me the b-word" then yeah if he did then it's not fraud, this case would never in a million years get approved but it is not fraud. So all in all I suspect that it's just a scare piece.
  8. It will be faster if you file because immediate relative category has no statutory caps so it never has any backlogs. She can petition him in F2A, and yes conditional permanent residents can sponsor relatives, that one is backlogged about 2 years. In any case that's done on form I-130. The processing times on USCIS.gov are roughly accurate but difficult to navigate. The one that is accurate in this case is the SCOPS one. NBC time only shows time estimates for adoption based I-130s, and field offices only really deal with ones that are concurrently adjusting status where the main hold up is the I-485.
  9. So in this case you do this: You take a fresh I-765 form, fill it out correctly (initial, (c)(9)( ) category), you write "AMENDED" on the top margin of the first page, and you send in the new amended I-765 form and copies of I-485 and I-765 receipt notices to whichever place that has your I-765, the address will most likely be on the bottom of your I-765 receipt notice. In this case you do not have to pay because you aren't making a new filing, you're just fixing an existing one. You can also write a cover letter explaining that originally you ticked the wrong box and are fixing that issue in the form but it likely wouldn't be necessary here.
  10. Send a copy of cover + all pages. There's 2 reasons for this: 1. There is such a thing as a non-citizen national, which are generally people born in American Samoa (though some other instances exist like child born to NCN abroad or possibly birth in US minor outlying islands). The passports they get look the same aside an annotation on one of the back pages. NCNs are treated as US permanent residents for purposes of sponsoring a relative. 2. Record keeping in US honestly kinda sucks and if you gave up your citizenship then that'd be pretty much just evidenced by a stamp somewhere in the visa pages and possibly a hole punch through the whole booklet which may or may not show up on the photocopy. Alternatively you can sidestep this whole thing by giving them a different proof, like a copy of a birth certificate or naturalization certificate or certificate of citizenship.
  11. It's not the law and it's not the policy, and media these days is pretty dumb and sensationalist, even lawyer offices do that thing where they will beat the drum about anything just do end with "get a lawyer btw our number is ...", so as is a DUI wouldn't disqualify you. In any case, this bill will just die in the senate. They managed to get the Laken Riley Act during the honeymoon period and dems right now are struggling with their own base wanting them to be obstructionist.
  12. 1. In Part 1 (Application Type) tick box 1: "I am a lawful permanent resident or conditional permanent resident of the United States, and I am applying for a reentry permit." 2. That's not applicable to this case, Parole in Place is basically special thing to clear entries without inspection for family of US military. Just skip to Part 2. The form is definitely confusing. All in all these are the questions that an LPR seeking a re-entry permit would need to answer: Part 1: Tick box 1 only. Part 2: 1-11 Part 3: All (1-6) Part 4: 1-4, 7.a. - 9.c. (Skip 9.a. if this will be sent to their US mailing address). Part 5: All (1) Part 6: Skip Part 7: Skip Part 8: Skip Part 9: Skip Part 10: All (signature in #4 needs to be done with a pen by the parent, USCIS does not accept digital signatures as far as I know). Part 11: If you you (or someone else is) translating for the parent, all filled and signed by the interpreter, otherwise skip Part 12: If you're the one actually preparing the form you should fill this out and sign it, otherwise skip Part 13: Unless something needs explaining this can be skipped, from the list of questions only Page 7, Part 4, Question 1 could ever require elaboration if your parent was ever in removal proceedings, and maybe Page 7, Part 4, 3.a.-3.b. since it's common for people who AOS'd to get advance parole and it could be many years since that happened. If you somehow need more space you can reprint this page as many times as needed. Questions might differ on the online form, if USCIS is at all smart they'll likely skip whatever is not applicable.
  13. If you weren't in the critical period (between RFE and decision) I'd ask if you have applied for advance parole, however in this case even if you've got it, I'd recommend against any international travel until you have your green card in hand for one very simple reason: It's easier to fight any possible denial while inside the US, if you get denied while abroad you're kinda just screwed and would have to do a whole another process of getting an I-824 to transfer the case to NBC, then DS-260, medicals again, consular interview, and it's just a massive mess to fix. I'd recommend reaching out to your senator or congressman and having them contact USCIS on your behalf over attempting an infopass. The process is pretty simple, you go to their house or senate page, look for contact link, send them a message explaining your situation, they will send you a privacy release form that you will then need to fill out, sign, and send to them. They will then send that to the USCIS congressional liaison that will make whoever is sitting on it take a look and report back. It's not uncommon to hear "it'll be done when it's done" and then a day or two later see something happen because someone had to pull them out the stack to investigate and at that point they might as well just push it forward. I do not recommend trying infopass with VAWA cases. The privacy protections of VAWA simply hide most things from view of rank and file employees so they might see very little or see nothing at all, especially now when it's unclear where the case is currently at. RFEs for medicals typically originate from the NBC (in Lee's Summit, MO), but they can also originate from the local field office, and theoretically they could also originate from Vermont/Nebraska. The field office has geographic jurisdiction, they were able to tell you which one it is by where you live even if their system didn't show them anything.
  14. Technically Matter of Sesay (BIA, 2011), does permit a K-1 to AOS (based on I-129F) after termination of marriage, provided that they married the petitioner within the 90 day period. But it'll be an uphill battle since you'd need to prove that you entered into the marriage in good faith, it was legit while it lasted, both which due to brevity would require some pretty good reasons for why you noped out, and hope that the petitioner is oblivious or cooperative and doesn't pull the I-864. K-1 can only really adjust via a petition filed by whoever got them the K-1, be it the original I-129F, a subsequent I-130, or a VAWA or Widow(er) I-360. If you came on a K-1, married, divorced, didn't get to AOS, and then you'll marry someone else you have to proceed as if you entered without inspection and there's a good chance that they might try to slap you with a marriage fraud finding under 204(c).
  15. Yeah put the old passport # in 21.b., old passport expiration date in 21.e., and issuing country in 21.d.
×
×
  • Create New...