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Steven Socheat

Help! Need help on applying B2 visa for mother-inlaw

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Filed: K-1 Visa Country: Cambodia
Timeline

Thank you for taking a moment to read this!

My mother in-law wants to come to US to visit my wife and I around Dec 2013. She's owns lands and a few houses in Cambodia. I will help pays for her trip here. What are some type of docs that are needed to proves ties in cambodia?

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She may need lots of documents on her properties, bank accounts, etc. She basically need to prove that she has exemplary ties in Cambodia that she would return after B2.

Good Luck!

I-485 Adjustment of Status

10/21/2000 - Entry as B2 visa, changed status to F1

07/25/2005 - Mom filed F2B

03/01/2007 - Filed AOS to Permanent Resident under 245(i) by virtue of Section 203(h)(3) of the Child Status Protection Act of 2001; Public Law 107-208 (CSPA). Automatic Conversion of F2B petition and Retention of Priority date of an F4 petition as derivative beneficiary of dad filed in 1982 by his sister (hereinafter referred to as the "Automatic Conversion and Retention" clause of the CSPA). With the help of a lawyer from Los Angeles - who sent lots of briefs and case laws previously cited by the Board of Immigration Appeals, and Federal Courts to support our arguments.

03/04/2007 - Notice of Action for AOS Received

03/31/2007 - Biometrics Appointment

06/--/2007 - Interviewed in Chicago, District Adjudicator unable to approve AOS outright as more time was needed to review our case arguments, will notify us of the decision.

08/03/2007 - Decision on AOS - "DENIED" on the basis that F2B petition filed by mom was not current. USCIS misconstrued the basis for eligibility for AOS. (Copy of F2B petition mom filed only submitted as evidence that I sought to acquire status as a permanent resident within one year of the availability of the visa (F4 visa current on 12/2004), a requirement for seeking relief under CSPA and INA 203(h)(3))

08/28/2007 - Filed Request for Reconsideration of Decision on Adjustment of Status Application Based on Service (USCIS) Error, that filing for AOS eligibility was based on dad's 1982 petition, that CIS made an error in determining eligibility. (Motion to Reconsider on Form I-290B was filed without a fee, lawyer argued due to the fact that basis for AOS was erred by the Service)

01/24/2008 - Motion to Reconsider/Appeal Rejected by the USCIS District Adjudicator in Chicago due to non-payment of fee.

02/15/2008 - Re-submitted Motion to Reconsider Denial of AOS to Permanent Resident on Form I-290B, Notice of Appeal to the Administrative Appeals Office (AAO), Washington, DC.

02/19/2008 - USCIS received re-filed Motion to Reconsider with a fee of $585. Motion to Reconsider was later transferred to the Administrative Appeals Unit (AAU) in Chicago, IL.

07/28/2008 - Motion to Reconsider Denial of Adjustment on Form I-290B was reconsidered. USCIS Director in Chicago in its own motion submitted a Motion to Reopen, to reopen the case in its entirety. USCIS Director requested for 2nd interview and biometrics (after I sent tons of inquiries to the US Senators Barack Obama and Richard Durbin representing Illinois)

08/02/2008 - 2nd Biometrics Appointment

08/18/2008 - Dad filed another F2B petition requesting F2B conversion from F4 under CSPA and retention of his priority date of 1982. (CSPA decisions and case laws with BIA, Federal Courts and Court of Appeals for the 5th and 9th Circuits do not require that petitioners on later filed F2B petitions be the same as the beneficiary of the original petition, in my case dad was the beneficiary of an F4, but USCIS stance on conversion is that it does not apply to other immigration petitions except F2A and it should not be considered automatic in nature, therefore filing is necessary). A new F2B petition to the derivative beneficiary of the original petition would not have been necessary as afforded by the Act, but the USCIS does not conform to its automatic conversion clause as was on the Act.

09/05/2008 - Email Notice on Adjustment of Status "APPROVAL." (without 2nd interview as originally requested on CIS letter when decided to reopen the case). {Approved AOS based on a hard fought CSPA Automatic Conversion of my F4 derivative status to F2B and Retention of dad's Priority Date of 1982 (therefore making the F2B petition current having retained dad's PD). Law that the government decided to ignore for more than a decade now since the Act was enacted in 2001 signed by President Bush. (The lawyer who represented my case before the District Office Director in Chicago was from the same law firm in Los Angeles who sued the government, in a class action, due to its restrictive interpretation of CSPA denying benefits to those who are otherwise beneficiary of the law, those children of intending immigrants who aged out due to no fault of their own. The law firm was successful in overturning Federal Court ruling in Los Angeles when it appealed the class action to the 9th Circuit Court of Appeals, En Banc decision.) The government then appealed the decision En Banc of the 9th Circuit Court of Appeals (which basically entitled "aged outs", or those derivative beneficiariess of any family based, employment based, diversity visa categories, who turned over 21 yrs of age, to join their parents upon receiving permanent residency status) to the Supreme Court, conjoined Federal Courts decisions out of the 2nd and 5th Circuit Courts of Appeals. PENDING before the Supreme Court, anticipating decision or ruling in 2014.}

09/10/2008 - Received Green Card

N-400 Application for Naturalization

09/05/2013 - Eligibility

06/08/2013 - Sent Form N-400 (90-day rule)

06/10/2013 - Priority Date

06/10/2013 - Check Cashed

07/03/2013 - Biometrics

08/05/2013 - In line for Interview

08/12/2013 - Email Notice N-400 scheduled for Interview

08/19/2013 - Interview Letter - received

09/17/2013 - Interview @ 0930am @ 101 West Congress Parkway, 2nd Floor Citizenship Office, Chicago, IL -- APPROVED!!!

09/18/2013 - Oath Letter - mailed from Chicago USCIS Office

09/19/2013 - Oath Letter - mailed from the National Benefits Center

09/20/2013 - Oath Letter - from Chicago USCIS Office received

09/21/2013 - Oath Letter - from the National Benefits Center received

2 Oath Ceremony Appointment Letters

09/27/2013 - Oath Ceremony

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Dear Steven Socheat,

Not to worry you but proving ties to one's country is something very subjective, because even if you have millions of dollars in different assets or obligations, you're still a free person and could change your mind and decide to leave all that behind to live in the U.S. if you'd like.

But having said, there are various ways to document ties, including through property ownership (find deeds, escrow documents, etc.), employment records (paystubs, letter from employer, tax returns, etc.), and family obligations (affidavits providing information about important relationships the applicant maintains abroad that require the applicant’s physical presence). It is also helpful to submit current bills and statements showing maintenance of a foreign address, along with a lease or rental agreement with an expiration after the applicant’s U.S. stay to show he/she intends to return to that address (this is not always feasible if the non-immigrant visa is for several years).

I hope this helps.

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