I-751 January 2017 Filers

[Amhara 460]

Vox released the proposed rules: https://cdn.vox-cdn.com/uploads/chorus_asset/file/10188201/DRAFT_NPRM_public_charge.0.pdf

This would apply to aliens applying for a visa, admission at a port of entry, or adjusting their status from a non-immigrant visa to permanent residence.  For those that already have their permanent residence, this proposal would not be relevant.

 

This would affect those that are waiting for the government to make a determination on the DACA cases (whether to make that law or not), and those that have their non-resident spouses on ACA coverage that is receiving a stipend to pay for part of the premiums (non-residents were not penalized on their tax return for not having health insurance).

 

The article mentioned this would affect 'legal immigrants', but I don't see any wording on this draft which would suggest this would apply to those that are permanent residents - green card holders.  Not only does the first page of this draft state that it's specifically for non-immigrants, the wording is for determining the "alien's" status.  People with US green cards are not aliens.  Additionally, there is section 212.26 that lists all the cases where this would not apply, including those admitted to the US as refugees or asylees and are adjusting to a permanent resident status and VAWA self-petitioners.

 

I am really not trying to be a 'know-it-all' and, like I said, I am neutral towards Trump.  I am really trying to understand how this proposal would affect us - or really, anyone else for that matter.  I don't believe the media always gives the true facts, and this may be a case of that.  This draft says nothing about permanent residents trying to get citizenship (us).  It could affect those that hold a non-resident status, such as students, visitors, and HB1 workers that give birth to a baby, who is then a US citizen and that non-resident gets their child on one of the programs.  Then it becomes a matter of the government questioning if the non-resident can support themselves as part of their petition to become a resident.  Before we could submit my husband's adjustment of status, I had to agree that he would not become a public charge, so nothing new there.  This could apply if a US citizen marries an alien that does not have status and their US citizen children are on benefits, then their case becomes harder to overcome, unless after marriage, the family no longer needs those benefits. 

 

So I say all that to say, this would not affect us.  However, if and when this regulation gets to the point of publication, anyone can access it at www.regulations.gov.  If this situation affected me, I would be sure to be in contact with the government folks listed here and my US Representatives.  This is not an example of Trump changing laws and this is not outside the scope of the executive branch.

 

That article is really slanted and I wish they would do their research - it's an example of irresponsible journalism.  The article starts out saying this would make it harder for people to get green cards, (obtain permanent residence) and proceeds to use wording that relates to all immigrants when the draft (if this is the draft the article is referring to) only discusses aliens.  Causing a lot of anxiety for nothing.  if I am wrong, please share your input.

[TomEn 90]

@Amhara So in a cruz, this proposed change in law would not affect my citizenship application if my husband (who is eligible for SSA) applies for disability assisstance?

[Amhara 460]

1 hour ago, TomEn said:

@Amhara So in a cruz, this proposed change in law would not affect my citizenship application if my husband (who is eligible for SSA) applies for disability assisstance?

Not if this is the proposed “leaked” regulation the articles are discussing.  If you were applying for a K-1, that could affect the case, but that’s no different from current situations since the USC fiancé would need a sponsor to bring over the foreign fiancé anyway.  

 

Regulations are not law changes, they are clarifications of how the current law should be applied.  Laws generally treat USCs and LPRs as the same, so if this were to apply to LPRs and not aliens, this would be a major no-no.

[Amhara 460]

I do wonder if this could affect LPRs returning into the US from foreign travel, though.  I think there is a means-test that agents can apply when LPRs are returning to the US.  But in that situation, no one would have documents to be able for a border agent to make a proper decision.  Hmmm, how would that work?

[Asilarmani 8]

I am the only one who is waiting for i751 with n400 combo 

[gabreigns 75]

Just had my combo 751 and n400 interview.

Here is my experience.

 

 

[addiction 0]

We got a letter about a month ago saying the extension of residency will now be 18 months instead of the original one year. Fortunately, we already have been approved for naturalization.

[cablewyres 38]

Is it true that GC’s now need to be recieved

with signature? What if you miss the mail man or are away for work, what would happen? Has anyone experienced this upon receiving their green card delivery after approval?

[JohnInTX 9]

47 minutes ago, cablewyres said:

Is it true that GC’s now need to be recieved

with signature? What if you miss the mail man or are away for work, what would happen? Has anyone experienced this upon receiving their green card delivery after approval?

I also read that somewhere on the uscis site. Normally you can reschedule the delivery or pick it up at the postoffice. After 7 days normally mail is send back. 

 

John

[cablewyres 38]

10 hours ago, JohnInTX said:

I also read that somewhere on the uscis site. Normally you can reschedule the delivery or pick it up at the postoffice. After 7 days normally mail is send back. 

 

John

Yeah, I was wondering if this is true for those who recently got their GC. Thanks for the info. Good to know on what to do just in case no one's home to sign and receive the gc if they do require signature.

Edited August 22, 2018 by cablewyres

[JohnInTX 9]

36 minutes ago, cablewyres said:

Yeah, I was wondering if this is true for those who recently got their GC. Thanks for the info. Good to know on what to do just in case no one's home to sign and receive the gc if they do require signature.

https://www.uscis.gov/news/news-releases/uscis-begin-using-more-secure-mail-delivery-service

 

John

[Tania09 8]

On 8/22/2018 at 3:09 AM, cablewyres said:

Is it true that GC’s now need to be recieved

with signature? What if you miss the mail man or are away for work, what would happen? Has anyone experienced this upon receiving their green card delivery after approval?

 I got my green card today: no signature, they just left it in the mail box

[JohnInTX 9]

On 8/23/2018 at 3:52 PM, Tania09 said:

 I got my green card today: no signature, they just left it in the mail box

Hopefully I can answer it too in about 10 days or so.

 

Had my interview yesterday and was approved.. Case status changed to 'New card is being produced' 

 

Finally an end to to big long wait for  1 year, 10 months, 5 days.

 

John

[HariSeldon 7]

3 hours ago, JohnInTX said:

Hopefully I can answer it too in about 10 days or so.

 

Had my interview yesterday and was approved.. Case status changed to 'New card is being produced' 

 

Finally an end to to big long wait for  1 year, 10 months, 5 days.

 

John

Congratulations John!

I remember your case was transferred to NBC at the same time with ours and we will also have an interview next month. Can you please share what the interview was like and what questions did the officer was focusing on?

Cheers

[JohnInTX 9]

2 hours ago, HariSeldon said:

Congratulations John!

I remember your case was transferred to NBC at the same time with ours and we will also have an interview next month. Can you please share what the interview was like and what questions did the officer was focusing on?

Cheers

Was just the basic stuff, she didn't really ask that much. She confirmed our wedding date, address we lived.. after that she started about if I was insured in 2017, which I was not. Than she started that it was a bit fishy that since early 2018 I got insured again by my wife. So she more or less wanted to have proof of what happened between 2013 year we got married and 2015. As I had the tax returns of 2016 and 2017. And the new car lease and insurance but that was all 2017-2018.
I told her that if the letter would have said bring your shared tax returns I would have done it, but it only said the last two tax return statements.
We showed her proof that she is now insured through me and something we bought last month and both signed for.
Than she said okay I'm going to approve your case.

 

I printed photo's of our road trip last month to Key West, but she didn't even ask for family photo's.

 

John