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Hypnos

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  1. Like
    Hypnos reacted to GlobeHopperMama in vawa appeal denied. appointment with ice will i be deported   
    It's very likely that you will be put into removal unless you live in an area where prosecutorial discretion is used a lot (when the immi judge decides to suspend removal proceedings, allowing you to remain). Don't skip the court hearing as this activates a 5-year ban from US visas which can't be waived, even with extreme hardship to a US citizen spouse, under INA 212a6B. If you don't have a lawyer specialized in VAWA as well as removal working with you, now is the time to get one!!!
  2. Like
    Hypnos got a reaction from Harpa Timsah in REFUSAL !!!!   
    Then you were fortunate to get not get your applications returned for not following the directions.
  3. Like
    Hypnos got a reaction from Darnell in Working immediately after entry on CR-1 visa   
    Social security numbers, once issued, are issued for life. Since he already has one he will not need to apply for another, and so will be able to work immediately after entering on an immigrant visa which itself acts as a temporary green card for a period of up to one year.
    His physical green card should arrive 30 - 60 days after entry to the US.
  4. Like
    Hypnos got a reaction from Saylin in Working immediately after entry on CR-1 visa   
    Social security numbers, once issued, are issued for life. Since he already has one he will not need to apply for another, and so will be able to work immediately after entering on an immigrant visa which itself acts as a temporary green card for a period of up to one year.
    His physical green card should arrive 30 - 60 days after entry to the US.
  5. Like
    Hypnos got a reaction from Penguin_ie in Can someone help me understand this?   
    The K-3 is a defunct visa and is rarely issued anymore. It used to be the case that IR-1 / CR-1 visas used to take much longer to process and so K-3 visas were useful; since processing times are much shorter now then the need for K-3 visas is almost over.
  6. Like
    Hypnos got a reaction from Kathryn41 in How long after biometrics appointment?   
    I-751 often takes the lion's share of a year.
    People regularly become eligible (and file for) citizenship before their I-751 is adjudicated.
  7. Like
    Hypnos got a reaction from Kathryn41 in Can a congressman help expedite the process?   
    It takes as long as it takes.
    Asking your congressional representatives to get involved is usually only of use when your case is either outside of normal processing times or has been mishandled in some way (misapplication of the law, sent to the wrong processing centre, etc.).
  8. Like
    Hypnos reacted to VanessaTony in How to count 3 yr residency requirement for Citizenship   
    Based on the date on your GC
  9. Like
    Hypnos reacted to LIFE'SJOURNEY in Immigrant Visa Expires at the end of this year.   
    The GC is for living,not visiting the US once a year. If you are not ready to continually living in the US, don't use the GC as a visitor visa.
    At some point the CBP at the airport is going to denied your wife entry if you try to use it as a visting visa.
  10. Like
    Hypnos got a reaction from N M in Easier? K1 or I-130   
    Untrue, the US does recognise common law marriage for immigration purposes, provided that such a union was legal in the jurisdiction of residence.
    Several US states in addition to some foreign countries recognise common law marriage and provided such a union was legally accepted to civil authorities then you can apply for immigration benefits (green card, citizenship, etc.) based upon on it.
    http://bccvisalaw.co...rd-marriage.php
    http://www.lawcom.co.../marriage.shtml
  11. Like
    Hypnos got a reaction from N M in Married on VWP, help !   
    No, he can travel internationally for trips of up to six months using his green card without issue.
    Also, if he has at least 180 days of overstay he absolutely should not leave the country, even if he has AP. This is because overstay of 180 days incurs a ban of 3 years (and then 10 years for 365 days of overstay) and this ban is not overcome with AP even if you apply for and receive it.
  12. Like
    Hypnos got a reaction from C-ma'am in Opinions on the success of Russian getting a tourist visa   
    I do not, I just have experience of this forum and personal experiences of people posting here.
    Certainly she can apply, there is nothing stopping her. The thing is, when applying from a "high fraud" country as Russia is usually considered to be (at least for tourist visa purposes), you need to show more ties to your home country than someone from a "low fraud" country.
  13. Like
    Hypnos got a reaction from N M in Opinions on the success of Russian getting a tourist visa   
    She is right, without stronger ties to Russia her chances are above zero, but not by much.
  14. Like
    Hypnos got a reaction from N M in Opinions on the success of Russian getting a tourist visa   
    I do not, I just have experience of this forum and personal experiences of people posting here.
    Certainly she can apply, there is nothing stopping her. The thing is, when applying from a "high fraud" country as Russia is usually considered to be (at least for tourist visa purposes), you need to show more ties to your home country than someone from a "low fraud" country.
  15. Like
    Hypnos reacted to Brother Hesekiel in Adjustment of Status for visitors   
    That alone indicates that there may be a record where she stated that she is just visiting and would not want to adjust status. It could be seen as "change of mind" or "material misrepresentation." Sometimes, cherry green is indeed red.
    The other posts notwithstanding, I wouldn't attempt to do AoS after you played by the rules and have paid for everything already. AoS will cost another $1,070 and if they don't like your wife's change of mind, it will cost her the American Dream.
    Just my 2 cents.
  16. Like
    Hypnos got a reaction from Brother Hesekiel in Adjustment of Status for visitors   
    Entering the US on a nonimmigrant visa with the preconceived intention to remain would constitute visa fraud.
    Once her I-130 is approved she is only a handful of weeks / months from having her immigrant visa approved, so why take the risk of a possible AoS denial?
  17. Like
    Hypnos reacted to amykathleen2005 in Adjustment of Status for visitors   
    You'll find the people who adjusted from a tourist visa are much more inclined to suggest doing the same. All the while the people who waited months for a K-1 or a CR-1 will suggest you do it that way....
  18. Like
    Hypnos reacted to JimVaPhuong in visa after deportation   
    I think you need to consult with a good attorney. If he was given voluntary departure the first time he left then he would have not been considered "deported". However, because he had more than one year of unlawful presence he would have incurred an automatic 10 year ban when he left. When he re-entered illegally and was caught he was formally deported. Since that was his first deportation he got a five year ban, but that doesn't wave the 10 year ban he would have already had.
    You may not need an I-212 waiver if his five year deportation ban has run it's course by the time he goes to the consular interview, but I think you'll still need an I-601 waiver for the unlawful presence ban. Again, you need a lawyer.
  19. Like
    Hypnos got a reaction from Sweetcheeksss in Adjustment of Status for visitors   
    Entering the US on a nonimmigrant visa with the preconceived intention to remain would constitute visa fraud.
    Once her I-130 is approved she is only a handful of weeks / months from having her immigrant visa approved, so why take the risk of a possible AoS denial?
  20. Like
    Hypnos got a reaction from amykathleen2005 in Adjustment of Status for visitors   
    I'm not sure where "changing their minds" comes in. They have an I-130 filed and it is in process. Filing for AoS now would be the equivalent of running 90% of a marathon and then taking a taxi for the last 10%.
    I don't see anything as posted which would constitute a "change in circumstances". In saying that, if there are no other negative factors then an AoS could be a possibility, but I'd be concerned about intent, although that cannot be the sole basis of any denial.
  21. Like
    Hypnos got a reaction from amykathleen2005 in Adjustment of Status for visitors   
    Entering the US on a nonimmigrant visa with the preconceived intention to remain would constitute visa fraud.
    Once her I-130 is approved she is only a handful of weeks / months from having her immigrant visa approved, so why take the risk of a possible AoS denial?
  22. Like
    Hypnos got a reaction from JohnR! in Adjustment of Status for visitors   
    I'm not sure where "changing their minds" comes in. They have an I-130 filed and it is in process. Filing for AoS now would be the equivalent of running 90% of a marathon and then taking a taxi for the last 10%.
    I don't see anything as posted which would constitute a "change in circumstances". In saying that, if there are no other negative factors then an AoS could be a possibility, but I'd be concerned about intent, although that cannot be the sole basis of any denial.
  23. Like
    Hypnos got a reaction from JohnR! in Adjustment of Status for visitors   
    Entering the US on a nonimmigrant visa with the preconceived intention to remain would constitute visa fraud.
    Once her I-130 is approved she is only a handful of weeks / months from having her immigrant visa approved, so why take the risk of a possible AoS denial?
  24. Like
    Hypnos got a reaction from Ryan H in Adjustment of Status for visitors   
    Entering the US on a nonimmigrant visa with the preconceived intention to remain would constitute visa fraud.
    Once her I-130 is approved she is only a handful of weeks / months from having her immigrant visa approved, so why take the risk of a possible AoS denial?
  25. Like
    Hypnos got a reaction from Penguin_ie in Adjustment of Status for visitors   
    Entering the US on a nonimmigrant visa with the preconceived intention to remain would constitute visa fraud.
    Once her I-130 is approved she is only a handful of weeks / months from having her immigrant visa approved, so why take the risk of a possible AoS denial?
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