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JD2

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  1. No, it won't. She's spent about 30% of the time outside the US. Longest trip 51 days. This will be our 13th trip since she moved to the US. There is language in the Policy Manual. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 "An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time." Should I assume we'll have to overcome a presumption of a break in the continuity of residence?
  2. Any of y'all traveling after filing? We were eligible to file Dec. 1st but we were abroad so decided to wait til our return to file. Now, we have another trip coming up. Anything wrong with traveling abroad with an N-400 on file? If we get interview letter, my wife will fly back asap. The flights we are eyeing are transiting Abu Dhabi so there is good chance of cancellations but if needed I can afford to book alternate route. Would we just give an Errata sheet to the officer at the interview with the additional trip?
  3. The ESTA visitors daughter is a US green card holder and has Stage 4 brain cancer which is getting severely worse. She has some serious surgeries scheduled and they want to stay for those procedures. The US resident cannot drive due to seizures so they are helping drive her and care for her.
  4. I found this in the policy manual. Visa Waiver Program Entrants – Satisfactory Departure VWP entrants are generally not eligible for an extension of stay or change of status.[11] However, where an emergency or unforeseen circumstance prevents the departure of a VWP entrant, USCIS may exercise discretion to grant up to 30 days to allow for satisfactory departure.[12] For those VWP entrants already granted satisfactory departure and unable to depart within this 30-day period because of an emergency or unforeseen circumstance, USCIS has the authority to provide an additional 30-day period of satisfactory departure.[13] Officers determine whether an emergency or unforeseen circumstance constitutes an emergency that merits an approval of satisfactory departure. To request satisfactory departure from USCIS, a VWP entrant should contact the USCIS Contact Center[14] and provide proof of the emergency or unforeseen circumstance. The USCIS Contact Center forwards the request to the local field office for consideration. If USCIS approves the request, the officer provides the requestor with a notification of a grant of satisfactory departure. Our toll-free number is 800-375-5283 (TTY 800-767-1833) and we answer live calls and chats Monday to Friday, 8am to 8pm Eastern.
  5. How do you request an extension of ESTA due to a serious medical issue (Stage 4 brain cancer)? My friends went to CBP at airport and they told them to fill the form on USCIS "and then we can approve it but you have to first fill the form on USCIS." But, I don't see any form on USCIS.gov
  6. Why not respond by mail to be safe? You need to overwhelm them with evidence. An RFE for an I-751 should have never happened in the first place.
  7. Our I-130 was approved in just a few months. Then, our I-751 was also approved freakishly fast. So, I thought maybe our N-400 will be too but I don't think so. I wonder if we had applied on the first day eligible on Dec. 1st if it would have gone faster because biometrics would have been reused. They passed a rule after that to require biometrics on all N-400s.
  8. I think they pad those processing times so they have some runway before people can do inquiries. If you look at actual timelines, they are shorter generally. I have noticed real timelines are highly variable as well. Some people get interview in 2 months while others 9 months and everything in between. I'm thinking those shorter timelines have gone away since October end. At least I haven't seen any at my Field Office and you would except some based on the preceding year's timelines.
  9. Seems like processing has slowed down. I haven't seen a single person get an interview who filed after October 28th. Maybe due to the partial shutdown and the full shutdown before it? USCIS is fee funded but the director posted on Twitter that the full shutdown would slow down processing.
  10. I did and they said they'd forward the suggestion to their product team. I think Lawfully has a lot of data so I was surprised they didn't do this already. I think they sell their data as a product to their business customers.
  11. Back when we were at I-130 stage, and I-751, Lawfully app asks you to select which service center you have. They could easily add a menu to select Field Office.
  12. If you use Lawfully to track N-400, why don't they have you select your field office so they can get better data?
  13. We're only 20 min away from our Field Office. I assumed they had offices all over. They should let people do biometrics at their local police station.
  14. I think she can request an appointment for an ADIT stamp online on her myUSCIS portal
  15. Overcoming an Absence of More than 6 Months (but Less than 1 Year) The applicant did not terminate his or her employment in the United States or obtain employment while abroad; The applicant’s immediate family members remained in the United States; and The applicant retained full access to or continued to own or lease a home in the United States. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3
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