CC90

Hi Everyone,

I didn't see this topic & if I overlooked the answer somewhere please direct me! My mother-in-law & 2 sisters-in-law were approved for a visitor visa to the US from Jordan. My husband said the visa is good for 5 years. He said that when they come to the US they can only stay 6 months, then have to re-enter the US to be able to stay another 6 months. If the visa is valid for 5 years, can they not extend their stay once they get here? I have NO earthly clue how the visitor visa works. Can someone please fill me in?

Thanks!

The visa is valid for entry for five years, but visitors can only be given a stay of up to 6 months per entry in the western hemisphere (ie you can't just go to Canada/Mexico/Bermuda/etc. and get another 6 months on return). Even if you enter on the last possible day of the visa validity, you can be given 6 months.

It is possible to extend it another 6 months in the country for a justified reason and payment of a fee. It takes a few months and you'll have to do this well before your I-94 expires.

Also keep in mind that 6 months is the maximum allowable; if CBP or USCIS (on extension) feels that the case doesn't need 6 months, they won't give it.

What does it mean to have paroled entry?

It basically means you'll be allowed to leave the airport, etc. pending a hearing. You'll likely be given a Notice to Appear if, in fact, CBP decides to take this route. The unfortunate part is that you'll never know when they'll do this, but it generally has to be pretty clear abuse before they do. From what you said, it would appear to any sensible person that she's abusing it.

Rentry permits are generally approved for work reasons, even multiple times, assuming you plan to relocate to the US at the end of some determined period--or at the very least show an interest to that effect. Why can't your wife stay 2-3 months behind to wait for the permit? I understand she might be the primary caregiver for your son, but if maintaining the green card is what you want to do, this may be your only option.

But what is wrong with giving up the status? You can easily apply for an IR-1 whenever you want to come back permanently after you file the I-824.

You're probably spending more time thinking about this, posting, and reading replies than it will take to fill out a new form with the same information.

That changes things a bit, but you still qualify under the regulation if CBP shows a certain level of understanding, which I'm confident they will under your circumstances. Unfortunately, however, you're taking a slightly larger risk by hopping on the plane. But, in reality, knowing CBP, I can't picture them separating a family at the airport over this in your circumstances when they have the authority to parole her and/or defer inspection.

While CBP will probably parole her, dealing with USCIS will be a bit different. Their hands are a little more tied since you left before it was approved. They probably have lost all discretion to adjust her status. This, unfortunately, is when you need to talk to a lawyer who has all your facts. This may have messed you up.

Given your situation--and especially your military status--delayed inspection will probably work. The catch is that you have to go back to CBP at some predetermined point in the future with a travel document. According to what you said, the AP was approved before you left; thus, no application was abandoned. Have your receipt numbers and hard copy receipts themselves handy to show CBP. Also, try to arrive in the US during business hours if possible; it's likely they'll give USCIS a call.

After this, you either have to get the card from USCIS (going to be a big pain) or go back to CBP with the green card once you have it (which will likely be faster then trying to get a new EAD/AP card from USCIS in most circumstances). At the interview, you will want to show with hard evidence that you left the country AFTER your AP was approved and that you didn't get the card. Combined with the fact that you got through CBP in deferred inspection status will likely keep you in the clear.

Additionally, many USCIS officers are ex-military; if your ducks are in a row, you should be okay.

Let us know how it goes.

You should probably have someone representing you at this point.

Without knowing all the facts, it wouldn't suprise me at all if they intend to detain him. Or perhaps its an administrative error.

With the current application of prosecutorial discretion, it's unlikely that he will actually be formally deported if he hasn't been convicted of any crimes.

The petitioner's birth certificate is not needed if it doesn't prove US citizenship. You may want to leave that out at the risk of them getting confused.

Your DS-2019 is also extraneous.

1. You will be OK as long as those pay stubs are actually from regular employment; not odd jobs or self-employment. If he's paid by the hour or it's unclear from the pay stubs that it's a regular long-term job, a verification of employment from the employer is usually sufficient to avoid this problem, which you seem to have included. Be sure to summarize the data from the pay stubs; they will not like to go through themselves and add numbers.

2. Sending as much as you can now, in moderation, may make your interview easier. Pictures of you together do not carry much weight; it is pictures of you with family, friends, etc. that are much more convincing. Sending 80 pictures is not necessary.

3. Nothing jumps out at me.

If she had an H1-B visa and it is still valid, she might be able to reenter and file again. You will have to pay the filing fees and do everything over.

If she does not have a valid visa or is not otherwise on an H or L visa, you will need to look into consular processing.

Did you remove the conditions on your green card or were you issued a green card without conditions?

Also, as Vanessa said, you won't have trouble travelling with the green card in your other name. The green card is, by itself, a travel document valid for entry to the US. You *technically* don't need a passport to enter the US if you have the green card, but ICAO rules say you at least have to carry *a* passport with you if travelling by air.

Thank you for the reply.

But who's fault to blame? The immigration info pass officer or me?

They will ultimately blame you, but I'm sure they'll take your experience into account. You should have received a letter/instructions on how to do this when CR-2 status was granted. It's a shame those InfoPass people are so stupid though...

Also keep in mind that the CR-1 should be filing the form, not you.

What is the other intent of K1 other than getting married and immigrating to US?

This is exactly the point. Read the INA and 22 CFR.

You need to file the I-751 as soon as possible (like now) with all of the documentation from your I-90, your InfoPass appointment documents, and letter explaining how you filed the wrong form. Hopefully, they will excuse the late filing based on this. You need to send this form now.

If you think you know the process better, then as I said earlier go ahead apply for H1B with no ties to the home country.

Which is probably what he's going to do.

K1 is non immigrant visa ????

Yes. That's my point. It's a "dual intent" visa just like the H1-B--same guidelines.

A voice of reason in the wilderness!

CC90 -- my assessment is that being already married to a USC I may have trouble entering on a TN. However, if my company sponsors me for a H-1B then the citizenship of my wife shouldn't make a difference. Do you concur?

I do agree. The only issue of fraud can arise if you don't actually use the H1-B to work for your designated employer. Obviously, this is not a problem for you. Getting a TN would be difficult, but I've heard of situations (not been a party to one, though) where people have been able to get away with it even while admitting to a USC spouse. However, your H-1B is safer.

I have tried to explain u in past post in your case being married USC is cosidered intent and not dual intent.

Say if you would have same job opportunity and you were single, you would have no problem in getting H1B. Then H1B would had been given to you as dual intent, meaning your org might file for your GC which mean yes based on your visa catergory you would qualify for GC or you get married and you would qualify for GC.

Some visas have restriction like "ship or flight crew visa" where they cannot file aos based on their visa. When they say dual intent means H1B does not have those restriction.

This is not correct. In any case, please stop arguing (and tainting somebody's plans) as you have made your opinion clear. To be sure, the K-1 is in the same "intent" bucket as the H-1B--they both are non-immigrant visas!

The vaccination record is usually used by the CS to transcribe the vaccinations. It is also usually customary to send the source document with the medical packet. Most CS will want to do this.

Read the "Translations" section in the instructions of the form and it will tell you what is needed for an acceptable translation.

So if my wife has not had all of those, then she will definitely need to have it?

The civil sergeon decides this. Some are not "age appropriate." Get her vaccination records and give them to the CS; he/she will tell you what is needed. They can also do a blood test to check for antibodies.

You do not need a new visa if you plan to transfer your SEVIS record if you have already started to attend school. Did you complete your other program of study? Are you formally transferring schools? Or are you starting a new program of study? All are important questions in answering your inquery.

Only if you have already gotten a visa for a school that you do not plan to attend and you have not entered the US at all are you required to get a new visa.

You can find your situation on the ICE website below. Section 2.3 and 2.4 may be most applicable.

http://www.ice.gov/sevis/f_1_transfers.htm

(2) Submitting secondary evidence and affidavits .

(i) General . The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required docum ent and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.

(ii) Demonstrating that a record is not available . Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicat es this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement. (Amended effective 6/18/07; 72 FR 19100 )

From the foreign affairs manual for DR of Congo:

Birth Certificates

Available. Birth certificates, Actes de Naissance or Extraits d'Actes de Naissance, together with records of marriage and death, are maintained by the District Registrar (Officier de l'Etat Civil). The first registers were inaugurated on January 7, l886. They do not include natives of the Democratic Republic of the Congo still living in tribal conditions.

Again, you can get around this issue by looking at the "What if a document is not available" section of the instructions. You can submit a couple things that will allow you to get around this issue if you cannot find it.

Interesting issue. You will actually need a copy of your birth certificate; your passport alone will not suffice.

If you are sure that you cannot find it, follow the instructions (to a tee) under "What if a document cannot be located" in the instructions for the I-130 form.

You could also leave the country now and wait until it is approved. You will not likely be allowed to enter as an R-1 while it is processing. You will then need to transfer the approved petition to the consulate where you would be receiving your immigrant visa.

Since I don't think you are eligible to get the 245(k) (but I'm not 100% sure), AND if you are VERY confident that you will be approved for the petion, you can leave before your R-1 status expires. This will prevent any unlawful presence. When it is approved, you can tell USCIS to send the petition to an overseas post to issue you an immigrant visa. An I-824 is used to do this. If you do leave, you will not "adjust" status, but instead apply for an immigrant visa, which will give you a green card upon entering.

What is advanced parole?

It's advance parole. USCIS can grant you parole in advance to reenter the US without a visa until it is revoked.

Effectively, it allows you to leave the country while your adjustment is processing when you otherwise wouldn't be able to. The danger with this is that it may trigger lengthy bans if the applicant has been out of status for longer than 6 months.

I'm going to assume that you read and meet all of the requirements to be a special immigrant religious worker.

Assuming it is approved, you will then have basis to file an I-485. The current processing timeline seems to be 5 months. Since I'm not sure if this is considered an employment based petition for the purposes of 245(k) relief, you may have an issue if it is not approved by the time your status expires AND you file your I-485. If 245(k) applies (check with other members or a lawyer), then you should be able to successfully file an I-485 even though you've been out of status for a few months; 245(k) basically gives you relief when adjusting status if you've been out of status for less than 6 months. Since this specifically applies to employment based petitions, I'm not sure if you would be granted that same relief.

You probably should have filed for change of status to B2 to give you another 6 months of authorized stay and then file the I-360. (This is not something you can do now.) You should not leave the country on an R1 since you have clearly demonstrated your intent to immigrate; you will likely not be allowed back into the country in the future with any non-immigrant visa.

So even if she is out of status now, if we send the i-765 with our packet, she is eligible?

Yes. It's just important to note that she must receive the card before she will be considered authorized to work.