jan22

I am writing to request an urgent humanitarian expedite for our case.
My father is a 74-year-old Lawful Permanent Resident of the United States currently living with us in Mexico. He is facing serious medical difficulties and his health is declining. He needs the care and quality of life he can only receive in the U.S. Furthermore, he has funds in his Social Security account that we urgently need to access to cover his needs, but we cannot do so unless we cross back to the United States.
Background of the Case: In 2019, we had an interview where residency was denied because my mother required waivers. We attempted to file them, but we were scammed by an attorney and lost all access to the case. Since then, we have been unable to move forward.
Request for Independent Processing (CSPA): Due to my father’s urgent medical state and our mother's pending situation, we wish to proceed with our process independently from our mother. My siblings and I were minors when the case was opened and when we attended the consulate. We are requesting protection under the Child Status Protection Act (CSPA) to travel and care for our father in the U.S.
We are desperate to provide my father with a better life and the medical attention he requires. We look forward to your guidance on how to move this process forward urgently.

Background:
I am a dual citizen of Italy and Jordan. I have been a resident of Jordan for the last 10 years, where I also currently work in hospitality. I recently applied for a J-1 Visa (Hospitality Trainee) at the U.S. Embassy in Amman and was refused under Section 214(b). The officer felt I did not demonstrate sufficient ties to Jordan.
The Current Situation:
Since the refusal, I have received a full-time job offer in Bolzano, Italy, as a Chef de Rang. I am planning to move to Italy this month to accept this role. My J1 sponsor has informed me that I can re-apply for the visa in February.
My Questions:
Nationality vs. Residence: As an Italian citizen, can I legally interview at a U.S. Consulate in Italy (Milan/Florence) instead of returning to Amman? The State Department website says "Nationality OR Residence," but I am worried that having a recent refusal in Amman will make an Italian officer see me as a "Third Country National" since I haven't lived in Italy recently.
Significant Change in Circumstances: If I re-apply in Amman, does having a prestigious full-time job in Italy count as a "significant change"? I want to show that my professional future is now in the EU/Italy, which provides a stronger reason for me to leave the U.S. after my program.
Consulate Shopping: Does switching the interview location to Italy right after an Amman refusal look like a red flag (Consulate Shopping), even if I am a citizen of that country?
Residency Ties: If I interview in Italy, will the officer be frustrated that they can't verify my 10-year history in Jordan?
I am trying to determine if it is safer to fly back to Amman for the second try or if my Italian citizenship makes the Italian consulate a better option for someone who has a "European" career path.
Any advice from dual citizens or hospitality professionals who have moved between consulates would be huge. Thank you!

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.

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.

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.

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.

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.

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.

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).

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).

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.

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.

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.

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.

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.

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.

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.

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.

Like most things in US immigration, it’s not nearly as simple as just filing a visa application.  You can find general information about international adoption for immigration at the first link below.  Thailand-specific information is in the second link.
 
https://travel.state.gov/content/travel/en/Intercountry-Adoption.html
 
https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Thailand.html
  
It is likely that, since this will not be a Hague Convention compliant adoption in a Hague signatory country, the child will have to live in the legal and physical  custody of the adopting parent for two years prior to being eligible for US permanent residency.
 

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.

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.

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.

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.

She was.  OP posted the denial notice.  It was, of course, a 214(b) refusal.

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.