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US Immigration from Myanmar




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Guide to Bringing a Child, Son or Daughter to Live in the United States says stand-alone K-4 is possible
11:52 am September 7, 2022

Mike E



Read 311 Times
1 Replies



says:

Can my child come to the United States to live while the visa petition is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the K3-K4 Visa page

-

This is not correct per K3-K4 visa the to which the guide links:

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fianc (e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130.

Finally https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf says,

Use this petition to classify:
USCIS
Form I-129F
OMB No. 1615-0001 Expires 03/31/2024
1. Your alien fianc (e) as a K-1 nonimmigrant so that he or she may enter the United States to marry you and pursue adjustment of status to lawful permanent resident; or
2. Your alien spouse as a K-3 nonimmigrant, so that he or she may enter the United States to await the availability of an immigrant visa and pursue adjustment of status to lawful permanent resident.
NOTE: A child (unmarried and under 21 years of age) of a K-1 or K-3 nonimmigrant may apply for a nonimmigrant visa to accompany or follow-to-join the K-1 or K-3 parent. You do not need to file a separate petition to classify the child as a K nonimmigrant. Children of K-1s are classified as K-2 nonimmigrants, and children of K-3s are classified as K-4 nonimmigrants.


While there might be something in INA that says what the guide says is true, USCIS doesn t seem to agree. I suggest the text I quoted fro the guide be deleted entirely.



 
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Canada no longer requires US LPRs to have eTA and clarifies acceptable forms of I-551
3:08 pm May 1, 2022

Mike E



Read 993 Times
11 Replies



Well this is huge news:

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eta/important-reminders-apply-eta.html

Lawful permanent residents of the United States don t need an eTA

As of April 26, 2022, lawful permanent residents of the United States are exempt from the eTA requirement.

In addition, Canada has clarified what documents besides an unexpired green card US LPR can use to enter Canada:

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/entry-requirements-country.html#lawful-pr-us

As of April 26, 2022, lawful permanent residents of the United States must show these documents for all methods of travel to Canada:

Complete list of acceptable status documents for lawful permanent residents of the U.S.

You need an official proof of status as a lawful permanent resident of the U.S., such as one of the following:

  • valid permanent resident card (Form I-551)
  • foreign passport with an unexpired temporary I-551 stamp (also known as an Alien Documentation, Identification and Telecommunication [ADIT] stamp)
  • foreign passport with a temporary I-551 printed notation ( Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year ) on a machine-readable immigrant visa upon endorsement with a U.S. Customs and Border Protection admission stamp
  • expired permanent resident card (Form I-551) with Form I-797 (Notice of Action) for pending Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status)
  • expired permanent resident card (Form I-551) with Form I-797 (Notice of Action) for pending Form I-90 (Application to Replace Permanent Resident Card [Green Card])
  • valid re-entry permit (Form I-327)
  • Form I-94 with an unexpired temporary I-551 stamp (ADIT stamp) and a passport-style photo

It is unfortunate that an expired 10 year green card is not (explicitly) acceptable as this would be a boon to LPRs who find themselves with expired 10 year green cards outside the USA, but we should watch for more developments.

What makes this truly huge is that a green card is now more powerful than a passport from country that is in Canada s visa waiver program. IOW green card holders have joined the club of US Citizens: visa exempt.

Looking forward to reports of LPRs who fly Canada with expired green cards and/or without eTA.



 
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Bangkok Embassy US Tourist Visas
1:28 am April 30, 2022

kavr

Kavr

Read 601 Times
9 Replies



Does anyone know what the situation is for non immigrant visas at the Embassy in Bangkok? Are they processing and interviewing for these, is there a long wait, etc?

We're trying to see if my in-laws can apply and interview for a tourist visa in Thailand since the embassy local to them (Myanmar) is closed to all non-immigrant appointments due to political issues in the country.

My in-laws have a local agent that they've used in the past when filing for a visa, and the agent is stating both that an appointment would take months to get (certainly believable in the current situation) and that the embassy is denying all applications right now. Just wondering if anyone has any other insight. I'm getting the impression their agent is just discouraging them from pursuing a visa and leaving them in limbo.

I'm wondering if we could just handle the application process for them. We'd like them to visit as soon as possible as we had a baby last year that they've yet to meet so I'd rather to get more hands on if there's a chance they can visit any time soon.



 
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Last Lost the Day Badge
4:20 am April 9, 2022

Mike E



Read 405 Times
10 Replies



I thrive on down votes, especially when I post solid advice backed by legit sources. I d love to lose the day with most down votes as it beats indifference. Of course I can imagine most would prefer to being able to opt in to this feature.



 
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With Paperwork Locked Underground, Thousands of U.S. Citizenship Applicants Wait and Wait (merged)
2:00 pm January 24, 2022

Mike E



Read 6264 Times
32 Replies



https://www.wsj.com/articles/with-paperwork-locked-underground-thousands-of-u-s-citizenship-applicants-wait-and-wait-11643025603

As of September 2021, more than 350,000 requests for immigration histories were pending with the National Archives and Records Administration, which oversees the Federal Records Centers in Kansas City, though not all of those requests were for pending citizenship applications.

After several inquiries from The Wall Street Journal, the National Archives and Records Administration said in a statement that it has kept staff levels at 25% at its Kansas City facility because it is an area of high transmission. But last week, the agency said, it began splitting work into two shifts to respond to more requests and allow a small number of staff from the citizenship agency to retrieve their own files. It also urged the citizenship agency to hasten its transition to electronic filing.



 
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