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SJinCA

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  • State
    Maine

Immigration Info

  • Immigration Status
    IR-1/CR-1 Visa
  • Place benefits filed at
    Embassy
  • Country
    Uzbekistan

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  1. I understand that it's no issue for her son to enter the U.S. and enroll in public school, the issue is that he can't practically do so on his own as an unaccompanied minor, and there's no practical way for his mother to accompany him. The issue she's trying to figure out is how to get him support so she wouldn't just send her minor son to live for a year on his own in what is, effectively, a foreign country to him.
  2. This is tangential to the conversation, since immigration benefits of course are a privilege, rather than a right, and it's pretty clear that OP has committed immigration fraud, so I won't belabor the point. All I'm saying is, particularly given the current climate, we should be mindful about how we discuss immigration and immigrants; "rights are for citizens and law-abiding permanent residents" (the implication being that they are only for those groups of people) is dangerous rhetoric.
  3. This is not true, at least the "associated rights" part. The case law is very clear that the Constitution and its protections apply to all individuals within the United States, including immigrants without legal status. Might seem like a small quibble, but it's very important given the current rhetoric surrounding immigration and immigrants.
  4. Hello all, seeking some help for a friend of mine who is in a rather particular situation. She is a foreign national, but her son is a U.S. citizen through her prior relationship with a USC. As I understand it, the relationship ended very acrimoniously when son was an infant, and the father has some serious issues, so son and dad have never been close. Mom and son have both visited the U.S. together, but son has lived his entire life with mom in her home country. Son is 16 now and mom wants him to do his final year of high school in the U.S. to prepare for college. However, she wouldn't be able to accompany him for multiple reasons -- wouldn't be able to work, couldn't afford to take an entire year off work, what kind of visa would let her stay for an entire year, etc. She's still in touch with dad's parents but worries about son being too close to dad if he goes to live with grandparents. Traditional exchange programs are out of the question because U.S. citizens, judging from my research, are generally ineligible for U.S.-bound programs. Has anyone ever heard of exchange programs for kids in this situation -- U.S. citizen children born and raised abroad by foreign national parent? I know it's a rather particular situation, but I'm sure there's a non-trivial number of people who fall into this category. Any advice would be greatly appreciated!
  5. Executive Order 13780 (the final version of the "Muslim ban" or "travel ban"), as amended by Presidential Proclamation 9983 from February 21, 2020, suspended the entry of Nigerian nationals as immigrants. However, multiple federal court injunctions (including from the Supreme Court) blocked the various travel bans from affecting immigrants with a "bona fide relationship" to a U.S. person. What exactly constituted a "bona fide relationship" was somewhat vague, but a spousal or fiance relationship meets any reasonable definition. After all, you have to, quite literally, prove a bona fide relationship exists before a K-1 visa is issued. This is just somewhat-informed speculation on my part, but I would say: it is possible, but not certain, that Trump tries another iteration of the travel ban. He talked about it to some extent during his most recent campaign, but it was much less prominent than during his 2016 campaign. So, it may happen, but it's by no means a foregone conclusion. If it does happen, just like last time, federal court injunctions would almost certainly exempt immigrants with a bona fide relationship to a U.S. citizen. Even still, such a situation would inevitably cause significant uncertainty, stress, and financial costs in the form of attorney's fees. I'm sorry that this is something you have to worry about now, and I hope for your sake, and for the sake of everyone else in your position, that this won't be an issue.
  6. A little off-topic, but have some empathy for the mother here. Giving birth is a stressful event, I wouldn't blame any woman for wanting to do that in the place where they're most comfortable, where they don't have to worry about language barriers and potential misunderstandings, where they have their family there to support them.
  7. Listen to them. For God's sake, when every single person in your life whose opinion you value is giving you the same answer, listen to them. Do not under any circumstances travel to Pakistan as a single woman to meet a stranger. I don't care how often you've talked online, anybody can be anyone online. This person is a stranger to you until you've spent at least some time together in-person. What would you do in the (incredibly likely) scenario that you arrive there, and your love interest turns out to be a completely different person than how they represented themself online? What if he takes your passport? What if he becomes abusive or violent? How did you meet this guy exactly? Is there some backstory, did he just message you out of the blue? Even in a conservative culture like Pakistan's, talking about getting married to someone you've never met in-person (or at least, who you don't know through friends/family) is a red flag. There are plenty of horror stories on this forum and others like it of people who realized their long-distance partner was a completely different person than how they presented themselves at first. You should really read some of those stories to understand exactly what you might be getting yourself into in the entirely likely event that this man sees you as a means to an end, rather than as someone to build a life with.
  8. Another thought in addition to what you've already listed: does your daughter participate in any extracurricular activities -- dance classes, after-school program, something like that? Do you have any records for that? At what point are you in the home-buying process? Are you just going to look at options, or are you about to close? I would be prepared to explain your anticipated timeline and why you're buying a house at this particular moment. U.S. citizen parent, with sole custody of a foreign citizen child, having already filed an I-130 for said child which shows an intent to immigrate, bringing child into the U.S. in order to buy a home -- that is more than enough to raise suspicions about the "temporariness" of a visit. Not doubting your story, just thinking how a CBP officer might. You might be asked how you will manage paying rent in Canada as well as paying a mortgage on a second house. I would be prepared for that question with evidence.
  9. A maximum of 55,000 diversity visas are issued every year worldwide, and millions of people apply, so your chances are slim.
  10. Since your Canadian passport is in English, and presumably whatever documents you have for your address in Canada are also in English, I wouldn't bother completing that section.
  11. Better to keep your documents in plastic sleeves -- provides protection without permanently altering the document.
  12. Small quip, but assuming the OP is female, it wouldn't be polygamy -- polygyny (one husband, multiple wives) is permissible in Islam, but polyandry (one wife, multiple husbands) certainly is not.
  13. Like many countries, Georgia requires applicants for a marriage certificate to demonstrate that any previous legally-contracted marriage of either party has been terminated. See here from Georgia's Public Services Agency. Worst case scenario, you've committed bigamy, which would preclude your spouse from sponsoring your immigration. Best case scenario, this marriage may not have been valid in the first place. You should contact a good marriage attorney in Georgia ASAP to see if it's at all possible to have this marriage annulled somehow. I'm by no means an expert, but it seems like the best possible outcome is 1. annul current invalid marriage, 2. divorce ex properly, legally, and with necessary documentation, 3. re-marry spouse, submitting documentation that previous marriage to ex has been terminated, 4. apply for U.S. immigration. Whether that is possible depends on Georgia's family law.
  14. To my knowledge, apostilles generally are not necessary for CR-1 documents. Your best bet would be to contact the Embassy in Colombia to be sure. See here: https://co.usembassy.gov/visas/iv-contact-form/ Good luck!
  15. Just because you lost your physical green card doesn't mean you lose your status as a U.S. lawful permanent resident (LPR). You are an LPR until a U.S. immigration judge determines your LPR status should be rescinded, which requires a hearing, personal service by USCIS, you would know if that were happening or had already happened. Were you only outside of the U.S. for longer than 12 months because you lost your physical green card and were therefore unable to return?
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