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jan22

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jan22 last won the day on September 2

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  1. This is true only if the E2 being sought is the immigrant E2 and not the non-immigrant E-2 treaty investor visa. It's unclear what E2 she us seeking and what E2 her fiancee received. What is clear is that she cannot start-up and run a business if her current status is with an E1 treaty trader company.
  2. Really sorry, but it can't be this month (in normal times, cases are generally scheduled during the month prior to the interview date) and definitely won't be as soon as October. They just recently began re-scheduling appointments that were cancelled as far back as mid-March into April. They need to work through those and all the cases that were DQed from those dates forward (i.e., cases DQed in May through August) before they start on September DQed cases. Hard to predict how long that will be, unfortunately.
  3. Which requires that the applicant be able to show non-immigrant intent, which doesn't seem to be the case here.
  4. You're welcome. Too bad you can't beat the fee increase, but you can save having to pay it twice by not filing too early! You can put the date the green card expires into this calculater and it will tell you the earliest day you can file the I-751 --- https://www.uscis.gov/forms/uscis-early-filing-calculator. (It talks about filing the N-400, but it, too, has a 90-day limitation, so it still calculates the right date.)
  5. No apology needed -- w we all miss things in a post at times. I just wanted to make sure the OP didn't file too soon, get denied, and waste the fees.
  6. It is too early to file now -- the earliest filing date (90 days before the expiration date on the card) will be sometime in November.
  7. This is not correct -- any individual can choose to apply for a B2 visa in any country in which they are physically present. The chances of getting approved in a country where you do not hold citizenship or residency are severely reduced, however (unless you are applying at an embassy specifically designated to process visas for your nationality when the US does not process visas in your home country). Our consulates in Canada and Mexico try to discourage too many third country nationals from applying -- especially those already in the US who want a closer place to apply than their home country -- because of workload issues. It's rather a moot point for the OP right now, as the consulates in Mexico are not processing B visas (and given the state of COVID there, unlikely to be doing so in the near future, IMO). From the information presented, there is no emergency situation involved in the case; rather, it is a matter of convenience for the most part. Because of that, there is nothing a Congressional office could do to get a consulate to schedule an emergency interview for the boy, and even less they could do to get them to actually approve/issue the visa.
  8. Sounds like they are going to reduce contracts for part of the support staff that do things like dealing with mail, data entry/scanning as needed, filing, answering the phones, organizing the case files...all of the things that need to be done to a case before it ready to go to an adjudicator. Means cases will take longer to be ready to move from the submittal stage to the adjudicator stage.
  9. You misunderstood what I said. If you paid the MRV fee in September 2019, you have until September 2020 to use it to make an appointment. The appointment can be after September 2020, as long as it is made during the one-year time frame of paying the fee. For example, if there are visa appointments open in January 2021, you could use your MRV fee receipt and book the appointment, as long as the appointment is set prior to your September 2020 date.
  10. The interview appointment does not have to occur within a year -- you just have to book it within a year. So, in addition to confirming whether the appointment has been cancelled (which it likely has), I would re-book a new appointment (as late as possible for any available dates, in the hopes that they will have re-opened by then).
  11. A recent (within the past two years) immigrant intent and a clear indication of not abiding by the terms of your visa/status (a willful overstay -- a consular officer is never going to believe you didn't know about the 90 day limit, it's too much a part of the K-1 information), at least one sibling in the US --all of these things would cause serious doubts about your non-immigrant intentions and make getting a student visa highly doubtful.
  12. Depends on their purpose -- do they want to reside in the US or just visit? The visa used should match the purpose. Since you indicated in the first post that they wanted to "move to the US". If that's true, their son should petition for them and they should use immigrant visas, not tourist visas, to enter the US.
  13. SB-1s would not be approved for either person in a case like this, sorry. The father has not apparently entered the US since 2016, and under scrutiny would appear to have never really established residency since he seems to have only entered occasionally to maintain the appearance of being a permanent resident. For example: Did they ever establish a home in the US? Did he ever work in the US? Did he work in his home country after getting the GC? Did he use services in the home country (e.g., medical) that require you to be resident in the country? Taken as a whole, the decision would have to be that he is not really returning to his US residency, as he chose to live in his home country. The case for the mother is even more clear in terms of never really having established a residency in the US. Add in that it was at their choice, not for a reason that was beyond their control, and it becomes even more clear that SB-1s will not be possible. You only qualify as a returning resident visa when you are returning after a temporary trip abroad, where the stay became longer because of reasons beyond your control and for which you were not responsible.
  14. Not sure where you case is since you don't say, but I know the following is required if at NVC and believe it applies to USCIS as well. Have you followed the procedure for what to do if a birth is not registered at the Central Registry as outlined in the State Department's website: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nicaragua.html ? If so, you need to submit the documents obtained during that process. If not, that is what you need to do. A supervisor cannot change the requirements no matter how much you explain things.
  15. There will be a lot of "inconsistencies" aka differences because when and how a specific service is resumed (e.g., K-1 processing) will vary from one Embassy/Consulate to another, based on whether the country is covered by one of the travel bans, the level of staffing that has been called back, the host country COVID situation, local COVID policies, etc. It is not a "one size fits all" situation; what is possible in one country may not work in another.
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