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Hypnos

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  1. 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?
  2. Like
    Hypnos got a reaction from Kathryn41 in Sponsoring again...   
    You will require proof of the termination of any prior marriages for any of the people involved.
  3. Like
    Hypnos reacted to Harpa Timsah in AOS (I-485)   
    You don't understand the issue. It is illegal to enter the US on a non-immigrant visa with the intent to immigrate.
    That is not what the OP did. He visited his girlfriend and while here they had a change of plans and decided to get married. It is overly bureaucratic to force him to go home just to come back, and the US government understands that. They do not need "extra" evidence of a bona fide marriage, but they might be asked to show he did not intent to immigrate when he last entered the US.
    Since you would have been using the B2 for the express purpose of immigrating, that would be illegal.
    OP - I hope you also know you need a I-130 and other forms, yes?
  4. Like
    Hypnos got a reaction from Jane8 in JOINT SPONSOR REQUIERMENTS   
    A caps lock key.
  5. Like
    Hypnos got a reaction from isa30 in April 2012 AOS Filers   
    The world is rarely as black and white as Fox News would very much like for you to believe.
    What the Dreamers are getting is their foot on the lowest rung of the ladder, and many don't even want them to have that.
  6. Like
    Hypnos got a reaction from Penny Lane in JOINT SPONSOR REQUIERMENTS   
    A caps lock key.
  7. Like
    Hypnos got a reaction from LeftCoastLady in JOINT SPONSOR REQUIERMENTS   
    A caps lock key.
  8. Like
    Hypnos got a reaction from Asia in Adjusting in U.S.   
    You cannot do an in-country adjustment of status because you were out of status for a prolonged period of time and only being an immediate relative of a US citizen "forgives" this. An immediate relative is defined as a spouse of, minor child (under 21) of, parent of or widow/er of (if within two years of spouse's death) a US citizen. You do not qualify.
    You further do not qualify for a 245(i) adjustment, where that overstay would be forgiven, because neither a labour certification or an immigrant petition was either pending or approved on 30th April, 2001.
    Once your priority date becomes current, you will have to interview at the embassy you have requested. This will be denied, due to your extensive overstay and a ten year bar from the US will then be activated as soon as you leave. You may qualify to file for an I-601 waiver of this inadmissibility, but would need to (1) file for this from outside the US, and (2) demonstrate that it would be a hardship to your parent if you were not admitted to the US. This is a high bar to reach.
    I strongly suggest you have a consultation with an AILA-certified immigration attorney at your earliest convenience.
  9. Like
    Hypnos got a reaction from Harpa Timsah in Adjusting in U.S.   
    You cannot do an in-country adjustment of status because you were out of status for a prolonged period of time and only being an immediate relative of a US citizen "forgives" this. An immediate relative is defined as a spouse of, minor child (under 21) of, parent of or widow/er of (if within two years of spouse's death) a US citizen. You do not qualify.
    You further do not qualify for a 245(i) adjustment, where that overstay would be forgiven, because neither a labour certification or an immigrant petition was either pending or approved on 30th April, 2001.
    Once your priority date becomes current, you will have to interview at the embassy you have requested. This will be denied, due to your extensive overstay and a ten year bar from the US will then be activated as soon as you leave. You may qualify to file for an I-601 waiver of this inadmissibility, but would need to (1) file for this from outside the US, and (2) demonstrate that it would be a hardship to your parent if you were not admitted to the US. This is a high bar to reach.
    I strongly suggest you have a consultation with an AILA-certified immigration attorney at your earliest convenience.
  10. Like
    Hypnos got a reaction from Penguin_ie in Adjusting in U.S.   
    You cannot do an in-country adjustment of status because you were out of status for a prolonged period of time and only being an immediate relative of a US citizen "forgives" this. An immediate relative is defined as a spouse of, minor child (under 21) of, parent of or widow/er of (if within two years of spouse's death) a US citizen. You do not qualify.
    You further do not qualify for a 245(i) adjustment, where that overstay would be forgiven, because neither a labour certification or an immigrant petition was either pending or approved on 30th April, 2001.
    Once your priority date becomes current, you will have to interview at the embassy you have requested. This will be denied, due to your extensive overstay and a ten year bar from the US will then be activated as soon as you leave. You may qualify to file for an I-601 waiver of this inadmissibility, but would need to (1) file for this from outside the US, and (2) demonstrate that it would be a hardship to your parent if you were not admitted to the US. This is a high bar to reach.
    I strongly suggest you have a consultation with an AILA-certified immigration attorney at your earliest convenience.
  11. Like
    Hypnos got a reaction from Saylin in L-2 visa to CR-1?   
    Since you were admitted legally and are still present in the US, you can just file for adjustment of status (to permanent resident) after your marry your husband, if you wish to reside in the US.
    Follow the guide: http://www.visajourn...page=i130guide2
    You should expect the entire process to take ~4-6 months until the green card is in your hands.
  12. Like
    Hypnos got a reaction from aaron2020 in L-2 visa to CR-1?   
    Since you were admitted legally and are still present in the US, you can just file for adjustment of status (to permanent resident) after your marry your husband, if you wish to reside in the US.
    Follow the guide: http://www.visajourn...page=i130guide2
    You should expect the entire process to take ~4-6 months until the green card is in your hands.
  13. Like
    Hypnos got a reaction from sassy222 in 20 year old child of US Citizen   
    As long as the petition is filed a reasonable amount of time before her 21st birthday then under the CSPA she will be fine.
    Her child would have to have a separate I-130 filed on their behalf, by the mother, once her green card is approved. This would be under the F2A category and it would be an approximate two year wait until the child's priority date would become current.
    Logistically, I'm not sure how she would be intending to do this. She would have to be separated from her child for two years, since she would have to live in the United States a majority of the time in order to maintain her green card.
  14. Like
    Hypnos got a reaction from Brother Hesekiel in 2 yrs of GC expired travel to VN and US   
    If her conditional (2 year) green card has expired, and from what you say it expired a long time ago, then there is nothing she can do. She did not file to remove conditions on it (turn it from a two year green card into a ten year green card) in a timely manner so her green card is considered abandoned and her permanent residency is ended.
    Assuming her husband was a US citizen, she could have applied for a new green card by filing an I-360 seeking widow status within two years of his death. Since you stated he died in 2008 and it is now 2012, that option is now ended. A transitional period in which special rules applied for widows and widowers ended in October 2011 and so that is likewise not an option.
    In short, she no longer has any recourse to a green card or being able to live in the United States.
  15. Like
    Hypnos got a reaction from amberlynnloves in 2 yrs of GC expired travel to VN and US   
    If her conditional (2 year) green card has expired, and from what you say it expired a long time ago, then there is nothing she can do. She did not file to remove conditions on it (turn it from a two year green card into a ten year green card) in a timely manner so her green card is considered abandoned and her permanent residency is ended.
    Assuming her husband was a US citizen, she could have applied for a new green card by filing an I-360 seeking widow status within two years of his death. Since you stated he died in 2008 and it is now 2012, that option is now ended. A transitional period in which special rules applied for widows and widowers ended in October 2011 and so that is likewise not an option.
    In short, she no longer has any recourse to a green card or being able to live in the United States.
  16. Like
    Hypnos got a reaction from Krikit in Going through US Customs with spouse or separately?   
    Together, in the US citizen line, unless otherwise indicated.
  17. Like
    Hypnos got a reaction from Kathryn41 in What are typical reasons for I485 denial?   
    That would not have resulted in an outright denial; they would have RFE'd him first.
  18. Like
    Hypnos got a reaction from Dean_De in how to petition children of a naturalized US citizen   
    Follow the guide: http://www.visajourn...m/content/child
    Since a minor child of a US citizen qualifies as an immediate relative then a visa number will always be available for them.
    Expect the entire process to take ~8 - 10 months until they have their immigrant visas which will automatically grant them a green card upon entry to the US; no AoS would be required.
    Additionally, they may automatically become US citizens themselves upon entry to the US under the provisions of the Child Citizenship Act (2000): http://travel.state....pes_1312.html#2
  19. Like
    Hypnos got a reaction from Kathryn41 in HELP! Husband not able to board plane   
    This is a messy situation
    The chief issue is that a green card is for a person who wishes to live in the United States, and your husband was not living in the United States for a substantial period of time.
    A green card holder can make foreign trips of up to six months without issue; trips between six and twelve months may require you to show CBP proof that you have maintained a US domicile while you were abroad (filing US taxes; making mortgage / lease payments on a residence; maintaining a bank account; etc.) and trips lasting between 1 and 2 years require you have to a re-entry permit, obtaining by filing an I-131 before you leave, to even be able to try to re-enter the country, and even then you will likely require the same proof as mentioned for between six and twelve month trips. It sounds as if your husband has been out of the US for more than he has been inside it for the last two years, which could be a problem, and that your mail may not have been reaching you, which is also a problem.
    Assuming that he does not hold a re-entry permit, his residency may well have been considered to be abandoned and his green card voided as a result. This will be a difficult decision to overturn, if it has been made.
    The cleanest solution would probably be to file a fresh I-130 for your husband and petition him for an IR-1 immigrant visa all over again. Expect this to take ~8 - 10 months until completion and he has the visa in his hand, and he will most likely not be allowed into the US during this period, even as a tourist, since he has substantial immigrant intent (married to a US citizen, as well as a previous green card holder). Upon entry to the US, this visa will automatically grant him a green card (this may have been the route you took before; you did not say whether he obtained his green card through AoS or an immigrant visa).
    You could spend a lot of time and effort trying to resolve the situation as it stands and it is possible you might win, but (1) it will be expensive, once you factor in lawyer's fees; (2) there is no guarantee of success; as well as (3) it could well take longer to accomplish than a new filing would take.
    You may want to consult an experienced AILA-certified immigration attorney, to see whether or not you have any immediate redress that would be simpler than filing a new I-130. From the situation you describe, I doubt it, but then again IANAL.
  20. Like
    Hypnos got a reaction from Kathryn41 in Please Help! Arrested with no charges..   
    You will likely need a statement showing that no charges were forthcoming from the arrest; other than that it should not affect the process to any significant extent.
  21. Like
    Hypnos got a reaction from milimelo in AOS Interview 9/26/2012 - Adjustment from Tourist Visa   
    The law has not changed recently in any manner that you describe.
  22. Like
    Hypnos got a reaction from N M in AOS Interview 9/26/2012 - Adjustment from Tourist Visa   
    The law has not changed recently in any manner that you describe.
  23. Like
    Hypnos got a reaction from deborabr in I-765   
    C-9-blank or blank-C-9 should not make any difference.
    My lawyer filled mine in as C-9-blank and I received my EAD without issue.
  24. Like
    Hypnos got a reaction from ibee in April 2012 AOS Filers   
    I will have a chuckle when I receive that letter, should it ever happen.
  25. Like
    Hypnos got a reaction from Asia in marriage in Casablanca   
    Probably around 10 - 15 minutes, depending on the officiant.
    If you want to make it go quicker you could have him talk faster.
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