SusieQQQ

Are uou currently married to the child’s other parent? If not, what is the legal custody arrangement? My impression was they were not married anymore given the circumstances of the question, perhaps that was mistaken. If they are still married then permission is assumed anyway. edit: ok reading back I see the question and answer about marriage. So ignore all this, even though it raises other questions.

Too late to edit, I just wanted to clarify in case OP is not familiar with this - chargeability as referred to here determines who can apply for a visa for those visas that are restricted by nationality.

But the OP is looking for a way to qualify for the visa in the first place. Waiver is useless if there’s no reason to waive anything?

But did they qualify for the E1 on their own merits? What did they need a waiver for?

I believe the “married to citizen of treaty country” has to do with cross chargeability rules. Chargeability determines who can get a US visa. Seeing as US citizens cannot get visas for the US, the logical answer to your question is no. This is aside from the fact that you need to show non immigrant intent for a non immigrant visa, which is probably tricky if you want to be living in the US with your USC spouse.

Just to point out that what I bolded above is not correct. If someone is selected and they have submitted a DS260 and their number is current, they will get an interview. There is no pre-sorting done - only a consular official in an interview can determine whether or not the applicant is qualified for a DV. In any case the eligibility criteria do not have to be met at the time of entry, only by interview - and there is no way to prove work eligibility on the entry form anyway. So no one is selected out on eligibility criteria at any stage of the process before interview. So in this case the applicant if selected would go through the entire process, pay for medicals etc and the interview fee and only then get officially told what they knew all along, that they are not eligible. The only disqualification right after entry /selection would be for duplicate entries, and if they pick that up the entry itself does not get announced as selected (this is why DV case numbers are not all consecutive).

Yes, he would be denied, he does not meet the requirements. As you correctly noted, the work experience being in the past 5 years is a requirement. (It’s not actually clear from your post if the work experience is at the required level but the time frame disqualifies him anyway.)

Notarize the letter.

Only if the parent has at least joint legal custody. I asked that question earlier but it was ignored.

Children are never “included” in a parent”s N400. Whether or not they can automatically acquire citizenship from that parent’s naturalization requires that, in addition to meeting the other requirements, they are still under 18 on the day their parent takes the oath. He’s already over 18 so that clearly won’t apply to him, he can apply on his own under the 5 year rule counting from the April 2020 date he became an LPR.

Excellent!

I’ve seen a few people online here also complaining about issues from filing them separately. Chances are 98% of cases are fine and it’s the 2% who moan loudest. But I agree with you, why take a chance if you don’t need to? If you need to file something by paper may as well do both and keep everything together, just in case you do end up being one of the small percent where it goes wrong.

That usually depends on the country embassy requirements, not sure for AOS. When does your son turn 18? Do you have at least joint legal custody (assuming not sole custody or you wouldn’t need permission)

Does he need permission now, or when he adjusts? I’m thinking the latter, and chances are he’ll be over 18 by then and won’t need it any more. If he is actually under 18 still at that stage, then if this parent has legal custody then son will become a citizen immediately too. But processing times probably make that unlikely.

Have you tried a different credit card? Error submitting payment sounds like the transaction is not being completed. Are you paying from inside the US ?

It’s two separate petitions. Each of them needs their own everything.

Well the wait time for appointment depends on the embassy you’ll be interviewing at. Many of them have backlogs from covid, and in a few cases they even had backlogs before that. So it could be anything from a couple of months (best outcome) to over a year before you get an interview, depending where you are.

Again, if you bother to look up some other threads dealing with 5535s in morocco, you might get a better idea of what the usual wait time is. However, it sounds like you’d rather spend money going on it your own without your employer on a writ than wait maybe a month or two to see how the process plays out, that’s your prerogative of course. Hope you don’t shoot yourself in the foot by forcing a denial but seems most likely outcome is you pay and end up waiting as long as it takes anyway.

Ignore the mandamus. Focus on the 5535.

If you do a search in the forum there are various 5535 threads, I’m sure you can find some at the Casablanca embassy who might be able to give you more insight into how long they might take, etc, as it does seem to vary according to country of origin.

Mandamus only forces a decision. It does not force a favorable decision. If they haven’t been able to resolve their issue and are forced to make a decision the only thing they can do is deny. Seems the better thing to do is wait it out.

It’s very strange that a crime involving no physical injury to a person at age 15 is deemed enough to deny a visa on. Here’s the manual on it - https://fam.state.gov/fam/09FAM/09FAM030203.html It doesn’t even sound like a crime of moral turpitude, and even if it were those are usually excused for under 18 at the time. Specifically, “Between Ages 15 and 18: Juveniles between the ages of 15 and 18 at the time of commission of an offense have not committed a crime for purposes of INA 212(a)(2)(A)(i)(I) unless they were tried and convicted as an adult for a felony involving violence.” Are you sure there’s nothing else involved?

Your problem is the DS5535. It takes as long as it takes. Some people are more than a year on this. It”s a security issue and they’re not going to rush it or approve it until they are satisfied there is no security risk.

So the answer to your question was indeed no. Got it, thanks, can we stop wasting time now that we have determined that (1) 864s can and are enforced (doesn’t matter by who if you still have to pay up, does it?) and (2) withdrawal should be done before the visa is issued because CBP doesn’t magically know it’s been done and stop entry. Thanks.

To be fair, I believe that (now vs later options) are described in the instructions for that section. It has to be immigrating later for follow to join.