jan22

The N600 route is really designed for getting US citizenship for children whose parents intend for them to live overseas. The route to citizenship for parents living overseas with their children who intend for the children to reside with them in the US is the immigrant visa route. Under the Child Citizenship Act, if you enter the US with the children In your legal and physical custody; They are admitted as legal residents (i.e., they have immigrant visas); Your intent at entry is to reside permanently in the US (as opposed to a visit); and, The children are under 18 the children will become US citizens immediately, with no additional paperwork (although you should get US passports for them as soon as possible). If you can do this, you will not, therefore, need a financial sponsor as that is required only for Legal Permanent Residents. There is, of course, an issue with your son turning 18 so soon. If you can get a written job offer from your cousin (or any other job in the US), the only wash I see this working for your son would be to approach the Embassy with the job offer and the fact that your son will turn 18 in less than a year, and request (beg?) them to let you do DCF.

A couple of important corrections. First — you did not pay for the visas. You paid for the application processing and visa interview. It may or may not result in a visa. Second — you cannot get them visas. They must qualify for them in their own merits. Two applications had to be filed. There is no option for two people to be processed on one visa application/fee payment. To specifically answer your question — you must pay the fee before you can schedule the visa interview. You will need the MRV fee receipt number to get to the interview scheduling site, so you are going in the right order. They will need two appointments, but you can schedule them on the same day (on any day that has two interview slots open, that is).

Is the petitioner a US citizen or an LPR?

Glad to help. Hope all goes well with your process.

What is the basis for your first sentence? It is not accurate, whatever the source. OP should be able to get his passport back as needed — especially if he has need to prove his residency for some reason —until his visa is ready to be issued.

With E-2 status (Treaty Trader), you have no rights, privileges, exemptions, or immunities that you need to waive unless you are working for (i.e., your salary is paid by) a foreign government or an international organization. You indicate you work for a “company” headquartered in the UK, not the UK government nor an international organization, making it highly unlikely that you would need to file the I-508.

Without further information about what was discussed at the medical, what the 221g letter said, and the answers to a couple things already asked here but not answered, anything anyone says will be mere speculation. If I have to guess, I would agree with what others have said — there is something that they want to see followed up on in 6 months…a potential communicable disease issue, controlled substance use/abuse, or something else. Have you discussed exactly what happened at the medical with your fiancée to help narrow down the issue(s)?b

The State Department says that divorce decrees are attainable from Cambodia, that there are no alternative documents, and no exceptions. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Cambodia.html Maybe the information on how to obtain the document will help you. Good luck!

There is no set time for a response; depends on the complexity of the case, the number of other advisory opinions they are working on, whether they ned more information, etc. You cannot reach out to them directly. I believe the overstay will include all of the time from when he started the overstay until he departed — there is no way they could speculate that “but for being arrested” he would have left any earlier than he did.

I’m late coming into this thread as I don’t read this forum often, but am responding, in case the OP or others in similar situations need the information. The OP indicated the possibilities of an ineligibility and, in a prior post mentioned jail time and a +1 year overstay because of it, despite a request to be removed prior to the overstay reaching one year. I am not sure why the consular officer said it wasn’t administrative process (because it is — maybe just didn’t want you to think it was the “normal” security related issues or it didn’t fit any of the check boxes on the form?). When she referred to sending it for the lawyer to look at, what she almost assuredly was referring to was having the case reviewed by the lawyers in the Bureau of Consular Affairs and getting an advisory opinion on whether there is one or more ineligibilities in your case. The officer (and likely her supervisor) want to make sure they get it right and that they are applying the law(s) correctly. Having this opinion up-front will allow the officer to approve the case if there are no ineligibilities, with confidence that the questions will likely not arise with USCIS at the Port of Entry, as there will be notes about the finding in the consular system. And, if there are ineligibilities, it will allow her to inform you about any way available to move your case forward (waiver, waiting out the overstay ban, etc).

If the school cannot issue an I-20 for the program, they should not be admitting foreign students to it. To apply for a B visa when the primary reason is to attend a month-long, presumably full-time, course of study is essentially fraud unless you explain the full reason for your visa application and what you plan to do — at which time the visa would almost assuredly be denied.

If the primary purpose of the entry is to attend a school (especially in a formal program that will likely lead to some type of credentialling), a B is not the appropriate visa — it is an M1, even for a four week program. The B use for “study” is for something along the lines of going on vacation to the US and while there you take a weeklong class in something of interest.

The requirement is two years of legal, physical custody. When did you get legal custody?

Thanks for the vote of confidence, but this is not exactly within my area of expertise, as it involves the USCIS side of the process. IF the I-751 was filed, earlier posts on the procedures to obtain a boarding foil are, to my knowledge, the best way to proceed if the plan is to fly from Japan into the US. If it was NOT filed, I will leave it to others to assist, as anything I said would be pure speculation and not necessarily helpful or accurate!

There will be no CO or interview at the Embassy. She will be traveling under VWP, assuming it is approved. Embassy has nothing to do with it.

There are several countries where this is the case. Mexico (Ciudad Juarez), Canada (Montreal), India (Mumbai), Germany (Frankfurt), Brazil (Rio de Janerio), Nigeria (Lagos), Morocco (Casablanca) come quickly to mind.

Maximum validity of a B1/B2 visa for a citizen of Indonesia is 60 months (5 years).

They do, in fact, have to give a reason by citing the section of law under which the visa is being denied (e.g., 214(b) of the INA). This does not nean, however, that citing the law section is something that the applicant will understand is the reason for denial, or understand what the section of the law even means, or -- even more likely in the case of 214(b) -- agree with. So, from a practical standpoint, people don't believe they were give a credible reason for the denial.

The biometrics (photo and fingerprints) must be done at tbe ASC prior to the visa interview.

This may or may not be accurate depending on where she is applying. At what Embassy/Consulate will she be interviewing? In some countries, the applicant attends a separate appointment at a contracted facility where biometrics are taken. One fingerprint is then compared at the interview to ensure it is the same person.

I never even suggested you said that. You're right, of course, if the student is attending a private school. But, I was responding to the OP's statements about enrolling the child in public school -- which is why I said no student visa to attend public elementary school.

Note: There is no student visa available for an elementary-aged student to attend a public school in the US. So, you would have to enter as a visitor and lie about the purpose of your child's visit (i.e., it is not to visit, it is to attend school). If you tell the truth, entry will be denied. Don't chance messing up your K1/K2 process for a few months of basic elementary schooling.

If you were not a US citizen when your child was born, no, you cannot transmit citizenship to him/her. You, therefore, cannot get a US passport for the child. Assuming your child is a citizen of the country birth, you will need to get him/her a passport from that country. To bring the child to the US you will need to file an I-130 petition for an immigrant visa for him/her (an IR-2 visa if you are now a US citizen). As you are now a US citizen (right?), once your child receives an immigrant visa and uses it to enter the US to reside in the legal and physical custody of his/her US citizen parent, he/she will immediately becomes a US cirizen under the Child Citizenship Act (assuming the entry is before the child turns 18).

Not true.

Personally, I would apply for ESTA first. If it's approved, no need to worry about anything else. If there was an overstay -- hard to tell with a student visa when someone is admitted for "Duration of Status" (D/S) -- it was overcome by the issuance of the Green Card. You might be approved more eaidly be approved for ESTA than a visa.