centrinouk

Thank you very much all for all your responses. I wasn't looking for the re-entry permit answer but rather explanation of the policy that I mentioned and also if USCIS would not void the Physical presence due to COVID-19. We are looking to return back ASAP and hopefully less than 1 year from last admission/entry. In order to return within 180 days this would be by 17th July the very latest and we try to figure that out also we dont need to risk her health too rushing it this July.

I appreciate all your efforts. 

Dear All,

I have sponsored my wife for U.S Green Card. We were living in the US as we had a stable life until last year. Last year  , I lost my job , no health insurance also my wife were diagnosed with cancer.

I was looking for work and applied for Medicaid in New Jersey but got denied  as my income was over 70K and  my wife wasn't  living for 5 years thats the requirement for NJ Medicaid to be eligible.

My wife's only option to return back to the UK to continue treatment last year July 2019 until I find another job and get medical insurance again.

Our situation wasn't as great yet but she has been back to the US last January within 6 months to keep the physical presence and continuous presence.

We were looking to return back in July 2020 again for a few weeks but it seems that we will be quarantined in both countries.

Is there is exception to preserve her physical presence during COVID-19? She is still vulnerable and she has lung infection already. We have proof of the cancer , treatment in US/UK and lungs

I have read the below link

https://www.uscis.gov/sites/default/files/policymanual/updates/20200226-BreaksInContinuousResidence.pdf

I dont understand this policy 

Policy Highlights

• Clarifies that naturalization applicants absent from the United States during the statutory period for more than 6 months but less than 1 year, must overcome the presumption that the continuity of residence has been broken in order to remain eligible for naturalization.

• Clarifies that an applicant who USCIS determines to have broken the continuity of residence must establish a new period of continuous residence; the requisite duration of that period depends on the basis upon which the applicant seeks to naturalize.

Whats our option for her to keep her physical  presence during covid-19 without travelling back within 6 months?

Kindly , Please help us and I appreciate all your support

On 1/18/2019 at 11:19 AM, Nikku777 said:

It's been 4 months since my interview and I have'nt heard back from USCIS , no change in the status it says interview scheduled , is there anyone who faced this situations , any suggestions would be appreciated . Thanks

This happened to me Personally back in the day. The best solution to resolve it. You need to schedule an Info Pass go with your spouse to the field office.

Tell the officer that during the Interview you were recommended for approval but nothing happened. If they refused to help you or they are not co-operative then request to speak with a USCIS Director or Supervisor. Explain to him the situation again.

It happened to me several years ago. I had big argument with the officers about it. Also , They lie sometimes and tell you , You should wait for another year or so.

Don't give up easily. Just schedule an Infopass and keep pressing on them with your US citizen spouse.

I did that and I got approval same day and the green card came in the mail 2 weeks after.

What happens sometimes. The officer who approved. He didn't post the approval on the system.

But the officers will keep misleading you because they are slackers and they treat immigrants worse than animals and beggars.

If someone just spent 5 minutes looking at your file, They will see the approval and post it in the system then you will get card production ordered

Hope this helps

On 2/1/2018 at 3:42 PM, Nikku777 said:

Does anybody know how much time it usually takes to get the EAD card ?  

West coast are faster nowadays. They get it in 30 days only if you belong to California Service Center but it could take somewhere between 30-90 days it depends on how early would you do your biometrics also your nationality and FBI checks counts? In many occasions if you are 1st country national you always get it faster because you clear FBI checks easier.

If you have a written job offer in hand. Call the USCIS number after you do your biometrics and ask for expedite request. They will ask you to fax your job offer and many people were successful to get their EAD within 1 week after they submitted their job offer.

my thoughts for you also as soon as you get your biometrics notice , don't wait until your appointment and just do it early walk-in. Majority of Application Support Centers will accept early walk-in's

All the best for you

Mate in the state of MASS we are very blessed to have a Department of State (Passport Agency Office)

The Boston Passport Agency office is 12 minutes walk on foot from Fenuil Hall (Located at TD Garden)

I booked an appointment with the Department of State on the phone same day as the ceremony. As soon as I received got the cert I walked to TD Garden.

To get a passport in Passport Agency you must have the Naturalization Cert , Proof of Travel and Appointment booked by phone in advance.

Ceremony finishes exactly in 2 hours so you could book the appointment at 2:30pm you will make it.

I applied for expedited COMBO Passport Book 52 Pages + Passport Card same day as my oath and give them booking that I am travelling to Canada within 48 hours. I got my passport card + book + cert in hand in less than 24 hours. I went there 2:30pm Thursday and received everything in my hand Friday 4pm.

Of course I have to pay expedited fees $60 additional

double the congratulations.

at faneuil hall do they accept passport applications on the spot?

Dobolo,

First Congratulations for the baby and I wish your wife a very smooth delivery:) God bless your new children to you.

I know that you are in Boston Fenuil Hall and this is at 12:00pm Usually Oath ceremony will not delay over 12:15pm guaranteed. As soon as you make the Oath all of you. You could take the cert and leave immediately. You could be in and out in 30 minutes. I don't believe now you have much time in advance to postpone.

It would take you 2-3 months to get it rescheduled. I would advise you just talk to the officers as soon as you arrive that you will not attend the ceremony till the end.

As soon as you take the oath at no more than 12:15pm just ask for your cert and leave immediately

That is my humble advice to you

Hi everyone,

2 things I was looking forward to this year are happening (or potentially happening) on the same day

My wife is pregnant and her due date was late Feb, however she went into labor yesterday but hasn't delivered yet. No serious complications but its our first and the labor process tends to be longer. My naturalization ceremony is also today at 12 noon. I can't say for sure i will make it as I would rather be at my first born's birth than the naturalization ceremony

The letter I was sent says we can send the notice back with a written explanation and we can be rescheduled. However, it appears this was targeted at people who know in advance they can not make it.

What would you suggest would be the best approach to notifying USCIS? Call and then send a letter today?

If she delivers say by 9 am i can maybe go for the ceremony but if not I will probably skip it unless it's a huge hassle to reschedule

Thanks for your advice

Boston ASC would accept walk-ins if you came early morning like 8 am only. Tell them that day you couldn't make it they are ok especially when you come early. Also , If you work close to the Lawrence or NH office you could take that notice and do it there. Fprints could be done anywhere in US without issues.

fprints are 10/16 but im probably going to try and get them sooner because i have something else going on on the 16th.

anyone know if boston office lets these kinds of things happen?

Guys please read this on top of the I-9 Form and this is attention to employers

http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

It stated clearly its illegal to discriminate against the type of the work authorization or even the validity of it.

I would recommend doing the following this time:-

Go next time try to look for different DMV and try to apply for Identification ID + Driver License simultaneously.

When you do that you will get your Driver License 5 years instead of 1 year and then when you get a green card go back again and get it for 5 years.

I did that when I was on EAD and got my CA license for 5 years when I was on EAD not even GC. I know many other people in CA did that as well and all of them got 5 years license on EAD by applying for Identification card first.

ID Card will be valid for 6 years while license will be valid for 5 years after your Birthday.

This workaround worked pretty well in Pleasanton and Walnut Creek , CA.

I believe all driver licenses in CA are issued centrally from Sacramento so that doesnt matter.

Question about tax documents: I had included hard copies of tax PDF files generated by TurboTax in my 751 application. Is that considered "tax transcript" or should have I actually ordered transcripts from somewhere? Thanks..

My best advice for you and for everybody you know and you want advise.

Always issue IRS Tax transcripts as a proof of tax return from IRS.GOV or 1800 number.

The IRS Tax Transcripts will leverage any other huge paperworl. Always do that for AOS (I-864) , I-751 or N400.

IRS TAX TRANSCRIPTS are always peace of mind in any USCIS application requirement instead of submitting W2'S ,1099 , PROOF of filing , W4 and etc.

This is a huge advice for everybody here , yourself , your family or any friend you would know in any application inside the US or overseas in the embassy.

Another good tip for you. In California Apply for Identification card before you apply for License and that would grant you a Driver's license for 5 years.

Trust me on my old EAD when I was in California. I applied for Identification card then License and I got the ID Card for 6 years then when I got the License it was 5 years.

In California they intend to restrict the License based on the validity of your work-permit or Green Card. In California only you are allowed to hold 2 seperate cards for States ID + Driver's License simultaneously.

I would recommend you to get ID Card first then go another day and apply for DL. This would save you fees in the future because they will restrict your DL to couple months and then you need to reapply again when you get the 10 year GC.

This is my great tip for you in California and it helped many other people who held EAD and got it for 5 year instead of 1 year.

Thank you very much guys for all your help. I appreciate all your replies Everything is clarified.

There are tons of misunderstanding there are no red flags or anything. What made the red flags is their stupidity and lack of experience.

If I have any redflags in my case. I wouldn't even post anything here.

Thanks I appreciate all your replies , i will just consult multiple attorneys thats it.

Appreciated you can close the topic

Take care

With all due respect.

Just to clear things up...

VAWA is for people who are suffering cruelty from their spouses.

That's their way to stay in the US, continue being LPR and become the USC eventually.

Not for people who will suffer extreme cruelty if they can't become USC when they think they should.

I understand what are you saying I agree but the 2 common things are the following

The first having extreme cruelty from spouse and he needs to stay.

My case i will suffer extreme cruelty for losing job and I have already a job and nowadays majority of my customers are federal government.

Even if they dont need secret clearances they still need USC people to expedite their background checks.

Background checks they do are way faster for USC more than a PR.

With that being said If I lost my job then I will suffer extremely cruelty. If the USCIS officers did their job right from the beginning we will not be talking right now in the post and there will be no issue.

What I am getting at is the EXTREME Cruelty concept still exist. I explained my extreme cruelty that I will suffer from being laid off because I can't generate enough revenue for my company due to the citizenship requirement.

I can't sue my employer for discrimination because they have a strong reasons to lay me off. I can't prove they discriminate because I am not USC. They have enough proof that customers requires USC accessing their premises.

If I live alone by myself having no wife. I am able to survive without anyjob andI can wait 3-6 months finding another job as well.

My current job in particular is important for many reasons. It funds my wife's horrible situation , My wife recourse on my corpoate health insurance which give her the life line and lastly the job flexibility the fact that I work from home. I am able to take care of my sick wife while I can perform my job duties. I can watch my wife all the times and fulfill all her needs through my current job right now.

Going to another employer , I have to consider relocation , possibly lower salary , no work from home advantage and highly possible a junk crappy insurance which may not help my wife at all like the medicare she has right now or even worse.

Your story really sucks and your passion to resolve is admirable. Keep standing... its the only way right now. The issue I believe you are up against is probably the the mass majority of American's could give a care about us folk. Probably the lowest priority within today's current system. If there is any focus at all it will be about the Immigration chaos (having mostly to deal with Mexican Illegals) Obama is about to barf. Would think putting your head down and plowing through it would be your best choice, but you should always seek professional legal advice, oh but by the way there are so many attorneys that will take your money that will tell you what you want to hear.

Immigration nowadays is getting better. Just to let you know there are new laws which no one of you have any idea about which was recently introduced and was never even posted on USCIS.

Recently , You could ask for expedite of your EAD and Green Card process if you have a job offer pending on your hand.

If you call USCIS while filing I485 and I130. Ask them to expedite the process they will ask you if you have job offer contingent on the EAD.

You could get your green card expedited even way earlier than 3 months if you opened a TIER 2 Case and emailed them a job offer.

Also , With that being said extreme cruelty situation are always considered. In my case not having the citizenship on the proposed time that I was fair to me and losing my job is an extremelcruelty.

I do have a proof of all what I have said. That my wife is sick . Most of my customers are Federal Government which requests US Citizens only to access their premises and their network.

I am trying to take a chance of any exception or new immigration reform laws that could help me in my situation. I am not asking a mercy or sympathy from anyone.

95% of the cases were approved same day. They messed up with me for no reason at all it was just due to lack of their experience and carelessness which now resulted me to ask you for your help.

If they did their job professionally. I would never post my questions right now or even bother you guys

Even if you were discriminated against and you even if you can prove it, USCIS cannot naturalize you early.

A court cannot order USCIS to break the law. Ou have to wait until you are eligible for citizenship. There are ways to get naturalized faster, but they involve joining the military or congressional action in soft of contributions to the country.

I'm sorry to say that if the job can't be held open for you, then you'll have to start looking for another job. A lawsuit would be a waste of money.

I am not suing for discrimination but I am suing for the carelesness , lack of experience and mislead.

There is difference between breaking the law and making an exception due to their fault.

The law you are talking about was not followed from the beginning. Apply the laws when the green card case was handled in a professional manner. The case was sit in the drawer for several months without anything. USCIS were misleading me and were completely ignorant and illetrate.

I am not filing a case to break anylaw. I am asking for an exception due to their fault that they caused it with their hand.

I am not asking the exception for my handsome good looking.

You stand zero chance of winning your lawsuit and using words like you'll be suffering "extreme cruelty" will make you look plain - sorry to be blunt - stupid.

There's lots of work for highly skilled engineers that does not require security clearance and your story that you can't perform your duties without being a citizen and without a clearance makes very little sense - you're in a wrong place obviously. Will your opportunities increase when you become USC and get clearance - sure (so will mine), but you have no guarantee you will be granted clearance and - as far as I know - will not be eligible to top secret one anyway. Depending which country you're from, you mat not get a secret one either.

If you loose your job, your wife should easily qualify for Medicaid....

Also check your story - there is lots of people that get their I-485 approved on a same day but there's lots of them that don't.

At the end - it's your money to waste you claim you don't have, just your story seems very very weak.

Thank you very much for your participation and assistance

I doubt you will reach any where. I can say that there was a mistake by transferring your case to CA since you didn't leave yet. I hope you learned your lesson that don't ever volunteer with extra information tp ucsis. Always answer their question without elaboration.

You can try by checking with immigration lawyers. You may have a valid point but consider if you gonna go the court route it will take some time. it's not like the second day you will have a hearing.

I know if uscis didn't make a decision withing 120 days of the N400 interview, there a statue in the law which allow you to sue them. But, your issue is completely different. You need to check with immigration lawyer. IF the lawyers told you that you have a valid case and you are willing to spend money and time, then I believe the lawyer will file in the US circuit court- 9th district.

Thank you very much for your reply. I agree with you not to voulnteer info but she asked me if I worked or not and I was working remotely from home.

I got the offer 2 weeks before the interview and I asked my company that I can't start work until I make my interview. They asked me to start working remotely from home.

I am a computer Engineer and I actually work out of my home office right now and when she asked me If I work or not then I said the truth thats it didn;t voulnteer.

I already scheduled for a free consultation with an immigration attorney but I still would love to hear all your inputs.

I know that my case is pretty unique and possibly no one ever did it before. If its a winner case then I will be the first one to do it and many others will follow my path.

I understand that it could take 6 months for a court date and thats why I am working on it right now.

Every day counts. I don't mind to pay some money for attorney helping me getting citizenship earlier if he said that there is a possibility.

I would gamble no matter what.

I am gambling my job right now without it. I'd rather gamble with couple of thousands of dollars rather than losing a 6 figures salary decent job

Thanks

US doesnt care about the refusals of other countries. In the application form they never ask you have you ever been refused a visa to another country. they just care about refusal of US visas before and not any other countries. In Schengen visa they never ask you for any refusals at all. UK and Ireland ask for refusals with any other countries.

The only way that US could know that you have been refused a visa or applied for visa before is whats stamped inside your passport only. If you have visa application received stamp or a stamp with a written reference number then this is a refusal otherwise you have a visa issued. USA never stamp your passport if you got refused but they keep your data and information because each time you apply for US Visa you submit your fingerprints. Each time you submit your fingerprint it pull up all your immigration history with USA. Usually the biometric data are shared to all US missions in the world and Customers and Border protection in USA. Usually US considers travel history to developed countries such as Canada , UK , Ireland , Schengen , Australia , New Zealand and Japan. If you got these visas before or travelled there then they will raise up your situation with them for sure.

Guys thanks for all your posts. Yes all what was said doesn't apply. My friend never was once more than six months away from the states and was never 1 year away. what i said about the 10 months away is he was coming stamped his passport then stayed 1 month then before 6 months he came again in the same year and stayed for 1 month. My friend can prove that all his children and wife were living there at the time not only that but also he had a car , driver's license , lease , rental and everything. The first 2 years he never found any job with his skillset and he was working abroad at atime but 2-3 years later he decided to learn truck driving and become a truck driver and have a license thats good enough to convience the immigration office that he is permanently willing to stay in the states.

Thanks guys for all your concerns

Dear All,

My best friend is willing to apply for N-400. He has a green card since 2007 and when he was issued the green card he was maintaining his residence by making entry to the states less than six months and he stay for 1 months each time. Since May 2012 he is Physical present in US and never left and in total he has more than 30 months count and his wife became a US Citizen 2 years ago. My friend was never away from the states for over 180 days once. He is usually abroad for his work but he always come before 6 months to the states. He went to the USCIS made an info pass and told them his case and they said if he is away from the states in 1 year over 6 months then his count is away. He is usually away 10 months in 1 year but never once he was away for 6 months at a time.

In the uscis website it states clearly

be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application

• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application

It never stated in one year don't exceed 6 months.

Could you please advise?

Thanks . But it just frustrating waiting and not knowing why, or for how long they could drag this.

Did you get it approved or not yet?

I have got the same thing exactly

If you got it approved till me how long did it take to be approved since further review.

Thanks,

thanks for the comment, made me feel a little better

I was interviewed in San Francisco after you and got the same thing.

Now it has been about 2 weeks and nothing.

Please let me know when you get approved

Thanks,

Thank you very much!

Sadly, the NVC number is busy signals/saying the "number has been disconnected". I will try every hour. Probably because it is a long weekend because of federal holiday, monday Labor Day. So, maybe, I will not get information until Tuesday, but before then I can ask her to start asking the US and Ethiopian embassies in UAE, because the work starts again Sunday at the embassies there.

I will keep this topic updated every day until this problem is solved, so anyone, including myself, can be helped by it.

You've mentioned earlier before that your marriage was in America with her.

I was living in U.A.E before that horrible country for 2 years and they are discriminative and racist unfortunately.

I am so sorry to hear your bad new you and your wife and yes I was a Network Engineer and I have configured Sheikh Mohamed Bin Zayed new palace and residence network and I know the Royal Family (AL NAHYAN) in Abu Dhabi they are dictators and this country is full of suppression.

Anyway, If you married her in America that means she might be having a U.S Visit Visa for 5-10 years issued multi entry.

So , If she still has a U.S visa she can just fly to you and you can change the case easily to any of the field offices.

I hope your wife has a long term multi entry visa 3 , 5 or 10 years visa.

Thanks for the madame from Philippines she sounds like she lived in U.A.E for several years.

But those laws are changed I just left U.A.E last December.

Now the work visa rules are getting a 2 years only work visa instead of 3 years also as Federal rules you must be with your sponsor for 2 years and you cannot leave him unless he violate the department of labor laws.

The NOC (No Objection Certificate) it's a cancelled and revoked not available anymore since May 2011.

If you left your employer at anytime before 2 years you will be automatically banned from U.A.E for a period 6-12 months.

You can leave your job at anytime if your salary is above 10,000 AED or 15,000 AED or you will be promoted to a manager somewhere else.

Now it's assumed as 2 years contract and not renewable. If you finished 2 years with the company you have to sign a brand new contract and be issued a brand new visa not renewal.

Like in America you make a lease rental for apartment some landlords make it 1 year lease or 6 months.

If you left at anytime within the 6 months or 1 year then you will not be refunded your deposit but if you gonna leave after 6 months or 1 year it's assumed that your rental is month to month agreement so in U.A.E in the old laws was like that when the visa was 3 years but now with the new laws there is no month to month agreement anymore.

If you need any further help please don't hesitate to contact me on my personal message and I can give you my contact number and email address if you want.

I am so upset and sympathetic for you and your wife.

Dear All,

Basically I have done my interview at Honolulu field office by May.

I have got a job 3 weeks before the interview date in California. So I have went there and I have still kept my interview in Hawaii as If I have done change of address it would delay the process and I will face many issues.

My wife stayed in Hawaii till the interview date and we were interviewed in Hawaii in Honolulu field office.

We were living with our friend's house and we explained to her that my wife gonna come with me to CA and we will make the complete move by July 24th as we still have things to do in Hawaii.

Anyway , We finished the interview and she told us I will speak to my manager regarding the case and we will see whether if will process this case here and make a decision or will transfer the case and maybe you receive your green card there in CA , mode documents required or maybe they need to ensure that you are living there together?

after 3 weeks , I have got a call from USCIS and told me we will transfer your case to San Francisco field office.

Now it has been 2 months and I have heard nothing from USCIS.

I have called USCIS number and asked for tier 2 officer and no one knows anything about the case.

I don't know if they will make a second interview or what to do?

Should I schedule infopass to San Francisco field office and bring my wife with me there?

Thanks,