Jump to content

appleblossom

Members, Organizer
  • Posts

    6,851
  • 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

53,313 profile views
  1. Yes, I suggested a week ago you contact NVC. Just checking but are they aware you're a dual citizen, you used your Canadian citizenship on the application and gave those passport details? Can you please fill in your timeline? So people can see when you were DQ'ed. It makes it much easier to help you rather than having to search through your posts, and also 'pays it forward' to help others too. Thanks.
  2. A lawyer will often delay the process, simply because it's an extra step that adds time. Example - you get your Welcome Letter once the case reaches NVC. If you receive that directly, you probably log on and start the visa application process the same day, pay the fees immediately, etc. If the lawyer gets the letter, it may take them a few days to let you know it's arrived and forward it on to you, and then again a few days to tell you the payment has cleared and you can start the next step. So that thing that would have taken one week if you did it, potentially takes 2 or 3 weeks. I would just submit your I-130 asap (it's not complex, you could get it submitted this week with the help of VJ on anything you're not sure of), then that starts the clock ticking. Then once that's in, you can start reading up on the rest of the process and understanding the next steps, and start gathering the documents you'll need to avoid any delays at the NVC stage. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html Best of luck.
  3. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-april-2026.html So hopefully if she gets back now, and establishes her life in the US again, by the time the priority date is current she’ll have enough evidence to definitively prove her place of domicile is the US. And btw, your brother shouldn’t proceed with the NVC process until she is back, and has been back for a while. If he starts that now, chances are the visa will be refused. Good luck, and do let us know what happens when she enters the US.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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?
  9. 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?
  10. That's Table A on the Visa Bulletin, but Table B is what matters for the NVC process. Hence the letter you've received.
  11. 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)?
  12. 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.
  13. 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.
  14. 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!
×
×
  • Create New...