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jan22

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jan22 last won the day on May 11 2025

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  1.    S2N reacted to a post in a topic: Is this possible?
  2.    jan22 reacted to a post in a topic: Visa refused. TIC/Petty offense exception confusion.
  3.    TBoneTX reacted to a post in a topic: Is this possible?
  4.    Crazy Cat reacted to a post in a topic: Is this possible?
  5. jan22
    A child must be in the LEGAL guardianship for 2 years prior to immigration. More importantly, the child must be under 16 at the time of immigration to qualify. As he is already 17, I don’t see how he can immigrate with her.
  6.    appleblossom reacted to a post in a topic: Visa refused. TIC/Petty offense exception confusion.
  7.    TBoneTX reacted to a post in a topic: Visa refused. TIC/Petty offense exception confusion.
  8. jan22
    The supervisor review did not occur prior to your interview. There would be nothing for a supervisor to review until a decision was reached. It is clear that the supervisor reviewed it prior to the refusal statement being given to you. The supervisor has reviewed the decision and has agreed with it, so there really is nothing that remains possible for a visa from this application. You will need to apply again to have any possibility of getting a visa. The 214b cuts off any waiver application, so to get any visa you will need to not be refused 214b on any visa application and then —assuming you still have a 212a2A — you can apply for a waiver. (I can’t believe that a burglary charge has a maximum sentence of less than 12 months, but if so, you might convince them that the 212a2 finding should be dropped).
  9.    jan22 reacted to a post in a topic: 2 yrs, 4 mo waiting for I-130 and no progress
  10.    jan22 reacted to a post in a topic: URGENT: 74yo Petitioner Medical Emergency / CSPA / Victim of Fraud - Case stuck in CDJ since 2019
  11.    jan22 reacted to a post in a topic: Dual Citizen (Italy/Jordan) - J1 Refused 214b in Amman. Can I re-apply in Italy after move?
  12.    TBoneTX reacted to a post in a topic: PLEASE HELP!!! Fiancé is here on R B1/B2 visa-doing AOS I-864
  13.    Tiffany Guara reacted to a post in a topic: PLEASE HELP!!! Fiancé is here on R B1/B2 visa-doing AOS I-864
  14.    Lemonslice reacted to a post in a topic: PLEASE HELP!!! Fiancé is here on R B1/B2 visa-doing AOS I-864
  15.    Edward and Jaycel reacted to a post in a topic: PLEASE HELP!!! Fiancé is here on R B1/B2 visa-doing AOS I-864
  16. jan22
    Just to clarify, the OP obviously read directly from the visa and combined two information fields — Visa Type and Visa Class (printed on the visa as “Visa Type/Class”). The Visa Type is either an “R” or “D” (Regular or Diplomatic). The Visa Class, in this case, (which is what most people focus on when asked what type of visa it is) was B1/B2. A religious worker visa would be an “R” for the Visa Type and an “R1” for the Visa Class.
  17.    appleblossom reacted to a post in a topic: F1 or F2A family-based visa
  18. jan22
    Step-parents can file for an IR-2 for their step-child if the age requirements are met (child under 18 at date if parent’s marriage to petitioner and currently under 21). The 2-year requirement that you are referring to is for adopted children, not step-children. Note: The child will enter as an IR-2 but only as a permanent resident. As you, the US citizen, are not the biological parent, the child will not automatically receive US citizenship after entry, if you have read about that in connection with the IR-2 visa. They will have to naturalize on the same schedule as their permanent resident mother.
  19. jan22
    You didn’t read far enough into the section. Scroll further down and take a look at the first sentence in 9 FAM 402.2-5(E)(c). It, basically, says that an applicant coming to merely observe business, professional, or vocational activities can do so on a B1 visa. Other than meeting the general requirements to qualify for a B visa, the only other stipulation for a B1 observer visa is that the applicant must pay their own way (i.e., they cannot receive any funds from the place they are observing).
  20. jan22
    A B1 visa is the appropriate visa for a short-term medical observership. It does not permit direct,/physical patient contact — it provides only a shadowing experience.
  21. jan22
    The requirement is NOT “continuous presence” — it is physical presence, that is any time you were physically in the US. Any time you were in the US — legally, unlawfully, as a visitor, as a resident, as a citizen, etc. — it all counts. To repeat/clarify — all of the time you spent in the US counts for the 5 year requirement, as well as all the time since you naturalized. The Embassy is trying to protect your children and ensure that they do not lose their birthright citizenship if they qualify for it.
  22. jan22
    The I-134 is not a legally enforceable document, so is technically not a required document. Some consulates require it to help determine the likelihood of meeting the financial requirement at adjustment of status in some — or all — cases. The consulate not looking at it will cause you no problem (unless you are borderline for meeting the requirement and a “heads-up” would have helped you have more time to find a joint sponsor or something). You will need documentation such as what you gathered when filing the I-864 with the Adjustment of Status.
  23. jan22
    She was. OP posted the denial notice. It was, of course, a 214(b) refusal.
  24. jan22
    They can be served concurrently once the second J-1 program has been completed and the person has left the US. Any time spent in the home country between the two program could not, of course, be applied to meeting the requirement for the second program. So, the second one essentially “resets the clock” back to zero but the time accumulated after the second J-1 applies to both. Important note — the home country residence must be tha same for the two programs. If there’s a different home country for the second one, the two-rear residency requirement must be met for each country in that country, which can’t possibly be done at the same time.
  25. jan22
    Are you/your spouses from a country that permits multiple marriages? If so, you may have more problems than others have expressed here. You said you are not divorced from the first wife and have not physically separated either, if I understood correctly. You plan to divorce her and immediately petition your second wife. Since you are still living with the first wife up to now, if the home country allows multiple marriages, this will likely cause questions about whether your intent is to divorce wife #1 (but still maintain a relationship with her) in order to immigrate wife #2. If you cannot convince the officer this is not the case, the visa will likely be denied under 212(a)(10)(A), as it is illegal to immigrate a spouse(s) to practice polygamy. If not from a country that allows multiple marriages, there may be some questions asked about possible dual relationships, or marriage strictly for immigration purposes, but it might be easier to convince the officer as to your intentions.
  26. jan22
    What I said was go to the interview and have the officer adjudicate whether there actually is a ban. It is actually very difficult for someone on a student visa to accumulate unlawful presence/overstay, so there quite possibly isn’t a ban and a visa can be issued. The officer would not be “turning a blind eye” if, after reviewing the information, determines that there was no overstay. Your scenario is, IMO, so extremely remote in this case that even in the current climate it is very close to fear-mongering If the OP is still unsure, they could request a delay in visa printing — might not be done, as the officer would reassure that there was no ban and everything was good to go. But it may not be enough reassurance for them. Pushing the interview — taking it out if the normal processing stream — could result in it falling between the cracks and a long delay for an interview. There is no guarantee that it would be right after the ban is up.
  27. jan22
    That is not a risk if the visa is not issued until after the potential ban is up.
  28. jan22
    Or, you could go to the interview if it’s scheduled before Jsnuary and find out if, in fact, you have a ban. If you don’t, and everything else is good in your case, you’ll get a visa. If you do, they will give you a 221g refusal until either a) you get a waiver approved, or b) the ban is over. You do not have to apply for a waiver just because you went to the intervie. You can still wait out the ban, which will overcome the 221g refusal much sooner than getting a waiver, and the visa will be issued. You might have to update your medical; however, that’s likely still cheaper than the waiver fee.
  29. jan22
    As I said in my previous post, you cannot enter on a visitor visa (B2) with an intent to immediately apply for Adjustment of Status without being willing to lie to the immigration officer about the reason for your “visit”. While you might be admitted, it will likely cause you immigration issues every step of the way after that, up to and including the possibility of a denial of your I-485. in addition, it is to your benefit to go through counselor processing and get a visa. It will likely be less expensive (the fee for application versus the fee for a AOS, the fee for the medical for a visa versus the Civil Surgeon medical fee in the US, etc.). Most importantly, it will allow you to legally begin your life in the United States from the day that you enter with your immigrant visa versus waiting months for work authorization, etc.
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