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SusieQQQ

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SusieQQQ last won the day on June 2

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About SusieQQQ

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    Long Time Member
  • Member # 159476
  • Location San Francisco, CA, USA

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  • City
    SF Bay Area
  • State
    California

Immigration Info

  • Immigration Status
    Naturalization (approved)
  • Local Office
    San Francisco CA

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  1. I don’t often say this but you have no idea what you are talking about. The 5-year ban has been in place for years. Canada is irrelevant to OP. The i130 is not a “visa”, it is the petition form that everyone petitioning for a family member uses - which includes both banned and unbanned visa categories. You missed that OP is an LPR, which means the visa type for her husband does in fact fall under a currently banned category.
  2. offical sources: INA section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens https://www.uscis.gov/sites/default/files/document/memos/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf An alien is barred from adjustment of status if the alien is in an unlawful immigration status on the date of filing the adjustment application. ... Aliens in unlawful immigration status generally include those: -Who entered the United States without inspection and admission or parole; and -Whose lawful immigration status expired or was rescinded, revoked, or otherwise terminated. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3
  3. You can’t. You can’t adjust from an ESTA on any basis other than IR. And you can’t adjust status from an overstay of any status through marriage to an LPR either. So it’s a double “you can’t”. Your AOS application will be denied and by the time that happens, you’ll have accrued enough overstay to face a ban as well. Your only option is to return home before your ESTA stay expires and await processing for an F2A visa.
  4. Dual nationality isn’t an issue at all. No idea about the complications of HK you mention but any immigrant from HK to the US would have faced these issues so suggest you try find a regional forum to ask compatriots who have done this already.
  5. You want to just keep her on the off chance that they approve her for longer than you asked, something you will only find out well after the fact? To me that just sounds like the easiest way to overstay and loss of visa. Surely that’s not a preferable outcome than “oh, she could have stayed longer”?
  6. If you have proof of a proper relationship, which it sounds like, get married and add her to your case. Yes, it will be scrutinized but if your relationship is real that shouldn’t be a problem.
  7. You’ll need a waiver. It’s going to be a long process.
  8. You are filling out the form from your spouse’s perspective. So her spouse is already in the US. How can you be immigrating at a later date to join her? She is the one immigrating at a later date to join you. So both are no.
  9. Highly likely it stays current imo simply because the quotas are way under due to the visa ban. Only AOS is using the quota. Once the ban is over and the backlog has to be dealt with, I’d expect retrogression.
  10. If that’s the case then yes he needs to file i130s for both kids. Clearing it up would help. EB5 does have a conditional part, so it could be that too. Would be really useful if uncle made an account.
  11. Processing still takes place. Although NVC says it is giving priority to non-banned case types, reports from VJ suggest that everything is processing faster than usual.
  12. The step by step procedure for getting immigrant visas is also clearly detailed on the Dept of State website. Start at this page https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html and keep going.
  13. I would agree, but that’s irrelevant. What might be relevant is that this particular situation is somewhat complicated by the requirement to be living in marital union all the way for naturalization to happen based on 3 year rule. I don’t think uscis Intends that to be “remain living with spouse on the face of it to get naturalized early while fooling around with someone you plan to sponsor later”. So i agree the timeline will be scrutinized. I’m still not sure what they can actually do about it though.
  14. It’s probably worth properly copying the requirements. Note that for the first part, they all have to be met. Hence Aaron’s comment that the 15 yo must reside with him in legal custody to get citizenship, and that for the 18yo it is too late to do this and he will have naturalize by himself. (Also, this child being 18 is an adult and entitled to decide he wants to stay in the US regardless his mom wants to go back, assuming he has an unconditional green card by now.) Back to the 15yo, note that there are specific requirements to prove custody when the biological parents are not married and living together at the time. They will ask for proof of physical and legal custody so this has to be legitimately met. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4 The 4 requirements: A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001: The child has at least one parent, including an adoptive parent who is a U.S. citizen by birth or through naturalization; The child is under 18 years of age; The child is a lawful permanent resident (LPR); and The child is residing in the United States in the legal and physical custody of the U.S. citizen parent. The physical and legal custody requirement: Legal custody refers to the responsibility for and authority over a child. For purposes of this provision, USCIS presumes that a U.S. citizen parent has legal custody of a child and recognizes that the parent has lawful authority over the child, absent evidence to the contrary, in all of the following scenarios: A biological child who currently resides with both biological parents who are married to each other, living in marital union, and not separated; A biological child who currently resides with a surviving biological parent, if the other parent is deceased; A biological child born out of wedlock who has been legitimated and currently resides with the parent; An adopted child with a final adoption decree who currently resides with the adoptive U.S. citizen parent; A child of divorced or legally separated parents where a court of law or other appropriate government entity has awarded primary care, control, and maintenance of the child to a parent under the laws of the state or country of residence. USCIS considers a U.S. citizen parent who has been awarded “joint custody” to have legal custody of a child. There may be other factual circumstances under which USCIS may find the U.S. citizen parent to have legal custody to be determined on a case-by-case basis.
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