Jump to content

appleblossom

Members, Organizer
  • Posts

    6,847
  • Joined

  • Days Won

    57

appleblossom last won the day on February 21

appleblossom had the most liked content!

Profile Information

  • City
    Boston
  • State
    Massachusetts

Immigration Info

  • Immigration Status
    EB-1 Visa
  • Place benefits filed at
    Texas Service Center
  • Country
    United Kingdom

appleblossom's Achievements

Recent Profile Visitors

53,220 profile views
  1. No, they can't refuse her entry with a valid green card. As said above, she may get in without any issue, or she may be referred for an immigration hearing for a decision on her status. But either way she'll be allowed in to the country, she has a right to a hearing (whatever you do, make sure you tell her NOT to sign a I-407 if the officer suggests she should!). She should take evidence of why she had to be outside the US for so long, and any evidence she can possibly find of any ties to the US - even something as simple as her keeping her bank account open will help. If she doesn't want to lose her LPR status, just get her back on the earliest possible flight, then once she's in the country get her to start building evidence of the US being her permanent home. Good luck.
  2. One other thing to add to the excellent advice above, do keep an eye on the wait for an interview at Montreal. They've caught up on the backlog now, but it's not that long ago that spouses were having to wait well over a year for an interview once DQ'ed. So just check on that occasionally in case it increases again and becomes a factor in your decision on when to push the button and apply for the visa. Good luck.
  3. So she has a decision to make. She either goes back asap and hopes she can keep her LPR status, but commits to living in the US. Or if she doesn't want to live in the US, she forgets the idea, gives up her GC and pulls the petition for her son. Her call, but she'll need to decide quickly.
  4. So why hasn’t she returned already if her mother passed away in 2025? She’s either playing with fire and risking her status, or she’s not bothered about returning to the US - either way that’s not good for your sibling if he wants to try and pursue the F2B. She needs to just get on a plane (URGENTLY) and enter the US. She’ll either be admitted without issue, or she’ll be referred for an immigration hearing. But the longer she leaves it, the more likely the latter is to happen.
  5. That makes it even more odd that the new WH ballroom will be built using foreign steel. Why not pay an American firm for it instead?
  6. Evidence of family sickness isn’t relevant, any expat will have that at some point but most don’t leave their new country for 3 years. No income at all anywhere in that 3 years? Not just no income in the US? When is she planning on moving back? She needs to get back urgently if she has already been out for 3 years and has no evidence at all of ties to the US - it doesn’t look like her move to India was temporary if she didn’t keep a home etc in the US. Has she taken any trips at all to the US during that time? Even short ones will help. If she loses her LPR status then your sibling will have to wait for the F4. So if your family want to still try for the F2B your mother needs to move back to the US as a matter of urgency and hope she’s let in to the US without any issues (then stay there!). Does she have Global Entry? I assume her GC is still valid?
  7. That's Table A on the Visa Bulletin, but Table B is what matters for the NVC process. Hence the letter you've received.
  8. Where is your mother right now, and if she's outside the US, does she intend to try and return anytime soon? Why didn't she file taxes, and what other ties did she keep to the US during that time to show her intention was to return permanently (i.e. a home, a car, etc)?
  9. This forum is invaluable. But as said above, if you can follow basic instructions and have a straightforward case, there’s really no need to use a lawyer. The whole process is set out step by step on the government website and if you follow that and read it all super carefully, I’m sure you’ll be just fine. Have a read of it and see what you think - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html Good luck.
  10. If you don’t have documents then it’ll usually have to be a DNA test. Make sure you hold your Mom’s case at NVC until your fathers I-130 is approved if they want to move together.
  11. 1. Physical attendance during term time yes, but that's only half the year. My children are both at college studying degrees overseas, they are there 6.5 months of the year and come back home for 5.5 months of the year during school breaks. So where was he during school breaks and how can you prove that? 2. Agreed, but that's not enough for you to obtain citizenship through him. 4. Photos don't help, he could have been visiting. How about sworn affidavits from your siblings stating he was there for a certain amount of time? The issue you've got is that he could have got citizenship with only 30 months physical presence, but then wouldn't have been able to pass his citizenship on to you. So you need to find stuff that shows he was unequivocally in the US for the 5 years required, and what you have so far doesn't seem to do that. Again, how did he get citizenship? He must have been a green card holder so how was that obtained, do you know? And for the 'certificate of movement', how much time in the US does that show? Just trying to help with picking holes in it so that you can fill them if needed!
  12. Him doing a degree at US university doesn't show physical presence for the required time. He could have just been there for term time and living in Egypt the rest of the time. And naturalisation doesn't require 5 years of continuous presence either. It just needs 2.5 years of actual physical presence, and then the 5 years can be visiting every 6 months. So I don't think you have enough to show he was physically in the US for the required amount of time personally. Do you have anything else? Did he have a job whilst there? Medical records? Rental contracts? Affidavits from neighbours or similar? How did he actually get US citizenship? It's not clear from your post as you only mention him being a student in the US and nothing else?
  13. Ah, sounds like that is the one that this all referring to - makes more sense now! The F4 petition is still at least a decade away from being current. So if the mother is in India, you'll need to inform NVC that that application isn't being pursued (or just ignore the notice, but I think I'd let them know). Then wait for the Welcome Letter for the F4 instead. Good luck.
  14. That's odd, as the Welcome Letter isn't usually sent until it's current on Table B. What is the PD and which country of birth?
×
×
  • Create New...