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jan22

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jan22 last won the day on February 20 2022

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  1. The two-year custody applies when a child is adopted outside the US and the adopting parents are applying for an IR-2 visa when the adoption does not qualify for an IR-3/IR-3H. (It basically serves to prove there is a legal, legitimate parent/child relationship.) In this case, the child qualified for an IR-2 visa as the step-daughter of the petitioning US citizen. She was admitted as an IR-2 and received a green card on that basis. Once there was a final, legal, adoption decree in the US, she met all of the requirements of the Child Citizenship Act and should be able to get a US passport.
  2. What evidence did you submit with the passport application? If all you submitted was the UT birth certificate issued after the adoption, that was not enough, as it should be clear she was not actually born in UT (it should still list her actual place of birth). Instead of returning the form requested — which doesn’t apply in your case, since she is not your biological daughter — you should write a cover letter stating that your daughter acquired US citizenship under the Child Citizenship Act of 2000 (CCA) at the time of her adoption. Then include evidence that she meets all the requirements of the Act: She was under the age of 18 when she met the requirements (can easily be documented since she is still under 18); She is the adopted daughter of a US citizen (adoption papers and your proof of citizenship); She was admitted to the US as a legal permanent resident (green card, even though it’s expired); She is living in your legal and physical custody. See the question “How does my child get a passport…” under the FAQs section on the CCA https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/child-citizenship-act-of-2000.html#:~:text=The Child Citizenship Act of,acquire U.S. citizenship at birth.
  3. If she is resident in Belfast, yes — according to the website. It says UK citizens or residents of the UK. Regardless of what you put on the petition, It would likely be assigned to London, based on the address of her residence. If she would prefer Dublin, she could request a transfer and likely get it moved.
  4. Per the US Consulate General Belfast website (https://uk.usembassy.gov/visas/immigrant-visas/) immigrant visas for citizens/residents of the United Kingdom (that includes Northern Ireland) are processed at the US Embassy in London.
  5. The N600 route is really designed for getting US citizenship for children whose parents intend for them to live overseas. The route to citizenship for parents living overseas with their children who intend for the children to reside with them in the US is the immigrant visa route. Under the Child Citizenship Act, if you enter the US with the children In your legal and physical custody; They are admitted as legal residents (i.e., they have immigrant visas); Your intent at entry is to reside permanently in the US (as opposed to a visit); and, The children are under 18 the children will become US citizens immediately, with no additional paperwork (although you should get US passports for them as soon as possible). If you can do this, you will not, therefore, need a financial sponsor as that is required only for Legal Permanent Residents. There is, of course, an issue with your son turning 18 so soon. If you can get a written job offer from your cousin (or any other job in the US), the only wash I see this working for your son would be to approach the Embassy with the job offer and the fact that your son will turn 18 in less than a year, and request (beg?) them to let you do DCF.
  6. A couple of important corrections. First — you did not pay for the visas. You paid for the application processing and visa interview. It may or may not result in a visa. Second — you cannot get them visas. They must qualify for them in their own merits. Two applications had to be filed. There is no option for two people to be processed on one visa application/fee payment. To specifically answer your question — you must pay the fee before you can schedule the visa interview. You will need the MRV fee receipt number to get to the interview scheduling site, so you are going in the right order. They will need two appointments, but you can schedule them on the same day (on any day that has two interview slots open, that is).
  7. What is the basis for your first sentence? It is not accurate, whatever the source. OP should be able to get his passport back as needed — especially if he has need to prove his residency for some reason —until his visa is ready to be issued.
  8. With E-2 status (Treaty Trader), you have no rights, privileges, exemptions, or immunities that you need to waive unless you are working for (i.e., your salary is paid by) a foreign government or an international organization. You indicate you work for a “company” headquartered in the UK, not the UK government nor an international organization, making it highly unlikely that you would need to file the I-508.
  9. Without further information about what was discussed at the medical, what the 221g letter said, and the answers to a couple things already asked here but not answered, anything anyone says will be mere speculation. If I have to guess, I would agree with what others have said — there is something that they want to see followed up on in 6 months…a potential communicable disease issue, controlled substance use/abuse, or something else. Have you discussed exactly what happened at the medical with your fiancée to help narrow down the issue(s)?b
  10. The State Department says that divorce decrees are attainable from Cambodia, that there are no alternative documents, and no exceptions. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Cambodia.html Maybe the information on how to obtain the document will help you. Good luck!
  11. There is no set time for a response; depends on the complexity of the case, the number of other advisory opinions they are working on, whether they ned more information, etc. You cannot reach out to them directly. I believe the overstay will include all of the time from when he started the overstay until he departed — there is no way they could speculate that “but for being arrested” he would have left any earlier than he did.
  12. I’m late coming into this thread as I don’t read this forum often, but am responding, in case the OP or others in similar situations need the information. The OP indicated the possibilities of an ineligibility and, in a prior post mentioned jail time and a +1 year overstay because of it, despite a request to be removed prior to the overstay reaching one year. I am not sure why the consular officer said it wasn’t administrative process (because it is — maybe just didn’t want you to think it was the “normal” security related issues or it didn’t fit any of the check boxes on the form?). When she referred to sending it for the lawyer to look at, what she almost assuredly was referring to was having the case reviewed by the lawyers in the Bureau of Consular Affairs and getting an advisory opinion on whether there is one or more ineligibilities in your case. The officer (and likely her supervisor) want to make sure they get it right and that they are applying the law(s) correctly. Having this opinion up-front will allow the officer to approve the case if there are no ineligibilities, with confidence that the questions will likely not arise with USCIS at the Port of Entry, as there will be notes about the finding in the consular system. And, if there are ineligibilities, it will allow her to inform you about any way available to move your case forward (waiver, waiting out the overstay ban, etc).
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