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Everything posted by SJinCA
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The Sickness of Our Universities—and the Cure
SJinCA replied to TBoneTX's topic in Current Events and Hot Social Topics
Other reporting is saying that his spouse is a USC, and he was previously on a student visa, so he presumably got his green card through AOS. It beggars belief that the State Department somehow missed any past affiliation with "terrorist" groups on a visa application from a Palestinian/Syrian national and only just now caught them, coincidentally at the same time the President has been calling for student activists to be arrested and/or deported for supporting the Palestinian cause. Khalil was the first targeted individual because he's been a prominent leader of student protests at the university most closely associated with the pro-Palestinian protests, and the administration thought he would be an easy target because he isn't a U.S. citizen. (I read some speculation that no one involved in this operation even realized that Khalil was an LPR, and just presumed it would be as easy as revoking his no-longer-current student visa.) Columbia had previously taken steps to discipline Khalil, but eventually backed down. Particularly given the scrutiny and pressure to act they're now under, they presumably would have continued the disciplinary process if they had any evidence he was directly involved in any sort of violence or vandalism. In Khalil's own words, “They just want to show Congress and right-wing politicians that they’re doing something, regardless of the stakes for students. It’s mainly an office to chill pro-Palestine speech.” Source: AP -
The Sickness of Our Universities—and the Cure
SJinCA replied to TBoneTX's topic in Current Events and Hot Social Topics
Full article here. Emphasis mine. What authority does the State Department have to revoke an individual's LPR? Surely this is just Marco Rubio posturing for 2028? How concerning is it to you that participating in First Amendment activity disfavorable to the current administration could be grounds for revoking an individual's LPR? Would this mean that lawful permanent residents, in effect, are no longer protected by the First Amendment, contrary to Supreme Court precedent? -
Refused Again 😁
SJinCA replied to RK93_HO's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
If your husband is Lebanese, he may have been associated at some point with Hizbullah, the PLO, or other Palestinian resistance groups. That of course does not necessarily make him a "terrorist" -- these groups have political wings and other branches which are not involved in violent militant activities -- but given the U.S.' position towards these groups, any association whatsoever, even an indirect familial association, would likely be enough to brand him a "terrorist" in the eyes of the State Department. I'm very sorry that you've been through such a difficult journey, and I wish your family peace for the future. -
Number of times married question
SJinCA replied to D Dub718's topic in US Citizenship General Discussion
Correct me if I'm wrong, but it seems the confusion here is that you're reading "marriage" to mean "wedding celebration," whereas USCIS means "marriage" as "a marital relationship with a particular individual." -
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.
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Citizen petition for children
SJinCA replied to Adeyey's topic in Bringing Family Members of US Citizens to America
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. -
Citizen petition for children
SJinCA replied to Adeyey's topic in Bringing Family Members of US Citizens to America
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. -
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!
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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.
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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.
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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.
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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.
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A maximum of 55,000 diversity visas are issued every year worldwide, and millions of people apply, so your chances are slim.
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Native Language Question
SJinCA replied to Ben Tom's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
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. -
Better to keep your documents in plastic sleeves -- provides protection without permanently altering the document.
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IR-1 application process with divorce
SJinCA replied to thesheikhs17's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
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. -
IR-1 application process with divorce
SJinCA replied to thesheikhs17's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
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. -
Apostille civil documents CR-1
SJinCA replied to Yo and Ja's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
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! -
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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Traveling After Citizenship
SJinCA replied to Mannydude22's topic in US Citizenship General Discussion
If your spouse still has their home country nationality, they will likely have to enter their home country using a passport issued by their home country. Many countries (including the U.S.) require their nationals who hold multiple citizenships to enter using the passport issued by that country, rather than a foreign passport. I would plan for your spouse to travel with both their U.S. and home country passport. Exit and re-enter the U.S. with the U.S. passport, exit and re-enter spouse's home country with the home country passport. Also keep in mind, as previous posters mentioned, some countries consider their nationals to have abandoned their citizenship of that country by acquiring the citizenship of a foreign country. For example, here in Uzbekistan, nationality law says that citizens of Uzbekistan are only recognized as citizens of Uzbekistan, even if they acquire another citizenship, and that acquiring foreign citizenship may be grounds for losing Uzbekistani citizenship. If you're willing to share your spouse's original nationality, someone may be able to advise you more accurately. It's certainly worth investigating and making sure you understand what ramifications, if any, acquiring U.S. citizenship will have on your spouse's home country citizenship. -
Impact from elections
SJinCA replied to n.samuraibear's topic in General Immigration-Related Discussion
The former president just days ago claimed he would reinstate his "travel ban" policy if re-elected. It might just be campaign rhetoric, but I think it's certainly a possibility. My spouse is a national of a country that, while never included in any of the previous administration's "Muslim bans," is adjacent (geographically and in terms of similarity of its relations to the U.S.) with a country that was, and frankly I'm very worried thinking of that possibility. -
Are you asking on behalf of a family member of a GC holder? If so, expect that the bar to prove nonimmigrant intent will be higher, particularly if they're a close relation. Are the intending visitors married? Do they have spouses, and especially children, who will stay in the Philippines and won't travel to the US? Do the intending visitors own property in the Philippines? Are the intending visitors permanently employed in the Philippines? Can they provide a letter from their employer confirming that employer knows about their travel and expects them back at work by a certain date? There are other ways to substantiate nonimmigrant intent than a return itinerary.
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Domestic Assault charge
SJinCA replied to Americantraveler's topic in K-1 Fiance(e) Visa Process & Procedures
What age were you at the time of your conviction, and what age was the victim? Was the charge for which you were convicted a misdemeanor or felony? Does your girlfriend know about your conviction? Whatever you do, do not fail to disclose your conviction if asked. Having a criminal record and lying about is always worse than just having a criminal record. -
Many of the U.S. citizens who have been arbitrarily detained in Iran were there in the first place to visit romantic partners. Is that a risk you want to expose your fiancee to? Armenia, Georgia, Kazakhstan, Oman, and Turkiye are all nearby, safe countries where travel won't raise any red flags, and, unless I'm mistaken, all offer visa-free access for both Iranian and U.S. citizens.
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I wouldn't plan on bringing anything more than your identification and documents. Certainly no electronics -- cell phones, computers, tablets, SIM cards, flash drives, any other kind of electronic storage device. Wallets, purses, house keys, things like that should be OK, but it wouldn't hurt to check with the specific consulate to be sure. Here in Tashkent, they'll store visitors' cell phones at the security desk, but not any larger electronics or any other personal effects. My wife had to ask a shopkeeper nearby to hold on to her backpack when she went in for a visa interview.