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OldUser

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Everything posted by OldUser

  1. You should receive it within next 2-8 weeks. Don't forget, tomorrow is a holiday which can delay things a bit.
  2. This changes things quite drastically! I agree, if OP's I-751 is denied, then new spouse's immigration will be in jeopardy too. I wouldn't feel comfortable with this personally.
  3. She has to get priorities right. If she wants to adjust status, she cannot leave the US until she has advance parole or green card. Leaving the US, reentering and adjusting immediately is immigration fraud.
  4. Instructions are pretty clear: "You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is in the United States) taken within 30 days of filing this petition. " If they're not in the US, photos are not required, as far as I can tell for form I-130 / I-130A. You mentioned some other forms: Hopefully it's just a typo, not some new set of forms I'm not aware of.
  5. As I mentioned, most of the times CBP won't speak to attorney. Constitutional rights are significantly reduced and power is skewed towards CBP when it comes to crossing border.
  6. Sorry I thought you already applied for N-400? Did you apply under general provision or based on marriage to US citizen? Usually general provision (5 year rule) is faster than marriage (3 year rule)
  7. Is there I-751 on file pending? Or just N-400? Tampa is a busy place Update: I see I-751 got approved Did you apply for naturalization under 3 or 5 year rule? If under 3 year rule, why?
  8. The only thing is, immigration attorneys have next to 0 helpfulness when it comes to crossing the border. The attorneys I talked to said CBP hang up on them. The only risk I see for OP is if ban is implemented for Iranian citizens. It was the case before, and even LPRs were denied entry AFAIK, but it didn't last that long due to courts overturning it. It would be fair to say OP's wife may get pulled into secondary and questioned upon entry because of nationality.
  9. No guarantees whatsoever, but your mom is not in the group risk, unless she has 6+ months trip.
  10. Agree with @appleblossom MyProgress estimate does not make any sense. On day of my oath for citizenship, it showed 3 weeks until decision.
  11. That's true. With H-1B though, it's dual intent visa with possibility of employer sponsoring for GC. E-2 and O-1 on the other hand, don't have obvious path to permanent residency AFAIK.
  12. The biggest things to overcome in your case would be marginality requirement and substantial at risk investment. You may need to actually find an attorney in the US to help you build the case for immigration. Again, I personally see any business with under $500K investment as a tough one to get approved, but I live in California where standards of living are pretty high. There's quite a few good videos on YouTube explaining most common denial reasons for E-2 and L-1. They're worth watching.
  13. Firstly, because L-1 and E-2 are non-immigtant visas. Secondly, because even these visas are not given out like candy. You need to have a legitimate business, not set up one to circumvent immigration rules. Having E-2 with minimal investment and yourself only working for it is unlikely going to be approved. If you were on the other hand to start a business with $10 million investment and hire 5-10 people, then your chances of getting E-2 are higher. But not many people have these funds. Imagine hiring even 2-3 software engineers for your business. Salaries are easily $80-100K+ for a fresh graduate dev with minimal experience in many areas. How is your budget of $100-200K going to cover that, even one employee? I came on work visa and there were slightly over 100 employees in the company. And even then some employees getting work visas had to put effort to prove their employer is legit to staff in overseas US consulate.
  14. Can you post redacted version masking name, case number and address? NOA does extend green card by 48 months. If it doesn't say it, it's either not initial NOA or something changed in USCIS processes (unlikely)
  15. Thank you. What I'm not 100% sure about is whether child can become a citizen by operation of law while being a conditional resident. Hence, proposal is to indicate to USCIS the child is also a conditional resident during mother's N-400 in hope that they adjudicate I-751 for child too. Even though the cases are separate... To rephrase it, the question is whether conditional residency of child is an obstacle for becoming a citizen by operation of law. I'll read the links you attached shortly
  16. You'll need to list this kid in N-400 regardless. It's important to understand when you got your GC... How long after getting GC you had a kid with somebody else. Whether you had to file I-751 or not.
  17. How did you learn about it? FOIA?
  18. Looks a bit messy, should have withdrawn second I-485 the moment GC got approved. Yes, withdraw it and make sure to mention in letter other case, it's number, and when it got approved. Attach copy of GC too.
  19. Not unusal, sadly. This is why filing the strongest case with all required evidence from the start is so important.
  20. Yes, you can withdraw and reapply. Yes, paying the fees again. No, you need to write a letter to USCIS asking to withdraw your case. But it's better than getting a denial I guess... You'd still have to pay fees to reapply in case of denial. With USCIS (and any business or government organization), only written communication is really worth it. With phone calls you'd never be able to prove you ever called.
  21. You can withdraw it yourself to avoid denial
  22. 10 months is overly optimistic and it doesn't include time to becoming an LPR. Adjustment of status can be lengthy and expensive.
  23. It's OK as long as it's the same field office (jurisdiction). Put your old ZIP and new ZIP here: https://www.uscis.gov/about-us/find-a-uscis-office/field-offices If result is same field office, you're good. If not, N-400 most likely will be denied.
  24. I think many employers won't be taking somebody seriously unless they're in the US. And for OP, it would be beneficial to get at least local ID, SS card, lease, open bank account to get paid by US employer. I mean, ideally one should have 3-6 months of living expenses saved so can job search while getting settled. But that's ideal situation and not everybody can afford this...
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