RnJ2021

I don't see a problem in anything I found. I see a 10 year ban. Unless someone recommends otherwise, I'll proceed with 134A and see what happens.

OMG. My buddy tells me he knows an immigration attorney who knows and really likes his wife and the child. She has the case now. She said the double check happens a lot. She is across the country - maybe that is why he did not go to her first. Or maybe it was financial. If he were not such a good friend.......... They are both crazy

Your response on submitting a new I-130 is useful. I guess it cannot hurt. My buddy is a great guy but not the type to participate in this give and take. And apparently not the type to complete complex forms. This is complex enough that I think he should talk to an immigration attorney. The last one he used was ####### but maybe he can find a good one.

Found this: Under Federal law, States and local educational agencies are obligated to provide all children – regardless of immigration status – with equal access to public education at the elementary and secondary level. This includes children such as unaccompanied children who may be involved in immigration proceedings.

That was when I first posted., My buddy submitted a letter notify NVC that the child was in process. But the official query system takes weeks and it still has not arrived at NVC. In the meantime, mom was DQ'd and sent to Dublin. I imagine that mom will have immigration visa in hand before the "official" request to match the cases up makes it to NVC. In the meantime, while the original I-130 only took two weeks to be approved, it apparently takes months to correct a simple error in the form.

Mom's case is on its way to Dublin. USCIS is not matching anything up with that.

Her school that is eagerly waiting for her return will be surprised to learn this. Her stepfather is a USC.

They can move together because because the child has a tourist visa. Once mom has her immigrant visa (soon) then they can come home. The only question is what is the best way to normalize the child's status once her paperwork is resolved.

Got it. If mom is already approved, the process requires the 8 year old (probably 9 by the time the paperwork is squared away) coming through the system separately to leave her home in the USA for the interview that NVC obligingly schedules for her. Peachy: If your spouse and/or qualified unmarried children will immigrate at a later date and travel separately from you, they are not required to participate in your interview. They will be scheduled for a separate interview appointment. You should contact the U.S. Embassy or Consulate directly to arrange separate interviews, if needed.

Child and mom want to come home. Because of their tourist visas, they have spent half of the last 8 years with her stepfather. And he spent a lot of the other half with them in Kyiv.

The child does not need an interview.

So they bring the child to the USA to be her family while the paperwork at USCIS is resolved. Once the approved petition is at NVC, what is the best way for this family to proceed?

The shortest processing time I saw was 3.5 months at California. Mom will be in the USA by then. The original I-130 was very fast. Less than two weeks.

Another thought that popped into my head is that since the only thing the child needs in Ireland is the medical exam, can she get that, come to the USA with her mom and wait for the paperwork to catch up?

So my buddy's congressman talked to his contact at USCIS. The processing time for an I-824 is 20 months. That is a long time for an 8 year old. As soon as my buddy gets the receipt, he'll get the number to the congressman who will get it to his contact. The contact will try to expedite it to NVC. The child's mother is DQ'd and her case should arrive at Dublin any day now. So she will have her immigrant visa soon. If expediting the I-824 fails, then mom has to enter the USA with the girl. Under these circumstances, is AOS the appropriate way to go for the girl? My buddy also wants to know if can just do another I-130. He does not mind paying the fee. Any thoughts? TIA

My dance master is about to give birth in Kyiv. She is considering her options as the situation deteriorates there. I assume there is no minimum age of child under U4U but I want to make sure before I say anything to her.

Confused. The I-130 for the child states she is currently in Ireland. The USCIS states in its approval that both options are available and gives explicit instructions on how to proceed with the I-485.

No, The mother left the father while she was pregnant when she found out he was married; He subsequently kidnapped the child in an attempt to force the mother back in relationship with him. this action resulted in the court order. Given his prominence and corruption in Ukraine, he was never prosecuted for kidnapping a one year old child. He has no rights to the child and no relationship. The child's current stepfather and petitioner was part of the team that hunted her down and returned her to her mother.

He is also processing U4U for his MiL who is with the girls in Ireland.

The mother and child have B2 visas. The mothers petition is at NVC waiting for updated I-864. The mother performs internationally so did not want to do an I-485 and is currently a refugee in Ireland. Why would the I-824 add time to moving the approved I-130 to NFC. The mothers petition went from USCIS to NVC in days. The child is desperately eager to back to her life in Phoenix and it seems 485 might be easier because she will not need to travel. But, as always, I bow to the collective wisdom of this group.

Ooops. My buddy accidently filled in items 61 and 52 so he got this back from NVC. Any recommendation on the best way to proceed? The above petition has been approved. However, you indicated on the petition that the beneficiary intends to apply for an immigrant visa abroad at a U.S. Embassy or a U.S. Consulate and will also apply for adjustment of status in the United States. Since you have indicated both options, USCIS has retained the petition. If the beneficiary intends to apply for adjustment of status in the United States, they should submit a copy of this notice, along with a Form I-485, Application to Register Permanent Residence or Adjust Status. They can obtain Form I-485 from the USCIS website at www.uscis.gov, by contacting the USCIS National Customer Service Center (NCSC) at 1-800-375-5283, or by visiting the local USCIS field office. Filing address information can be found on the USCIS website at www.uscis.gov. If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition, you should file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the U.S. Department of State National Visa Center (NVC).

Yes he is the USC.

Digging through the files, there is a 2018 Ukrainian court order that states the child's residence shall be determined by the mother.

The relationship between the child's parents is difficult. When does she have to show the parenting agreement that allows her immigrate to the USA? I-130 at USCIS or NFC? TIA