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Lenchick

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  1. Like
    Lenchick got a reaction from Frage in U.S. Army kills contracts for hundreds of immigrant recruits. Some face deportation.   
    You can't get citizenship in the military while a non-resident. Those who are in the military for citizenship, they can't face deportation because obviously they are residents and they are entitled to citizenship while serving  in the military 
     
    tough for those who were stripped off their native citizenship for serving in a foreign  army. I can't imagine people were lured in,  got enlisted in the difficult program in order to get an immigrant status, served and now have to leave. Not fair. It the program gets closed, would be fair at least to allow those stay who are already in the program. 
  2. Like
    Lenchick reacted to jayjayj in Leaving the US after getting married on a K1   
    Her husband's LOA's and CAC should be enough.  Those prove she qualifies for the 319b, which means all residency requirements are waived, which means she can be outside the U.S. for any amount of time.  However, and this is a big however, I always advise my coworkers going through the process to finish up as quickly as possible.  Get the citizenship done and be done with the entire process.  Employment can change and previously qualifying for 319b doesn't extend if suddenly you aren't working overseas on a DOD contract any longer.  If you don't file for it while you qualify, you can't file for it later when you don't qualify.  
     
    I haven't heard of anyone waiting for more than a year to set up a citizenship interview.  I question whether or not random CBP officers have knowledge about the 319b program.  We waited 11 months before returning for my wife's citizenship interview and didn't have any problems.  The CBP officer asked me about my employment and asked to see my CAC.  I had copies of everything included in the N-400 package when we flew back, just in case we had any issues, but he didn't ask for anything else.
  3. Like
    Lenchick got a reaction from KULtoATL in USCIS officer did not allow me to use my name from GreenCard   
    Not always, you need to indicate that in your application. It should be the court ceremony, not just USCIS as USCIS can't make decisions on name changes. And sometimes you wait for court ceremonies longer because they are scheduled once in a while. 
  4. Like
    Lenchick reacted to PassportJoe in Derivative Citizenship & Passport Application   
    Ok. Took a while but at last passport arrived today. Had to write them and explain the law. I included copies from foreign affairs manual regarding her claim to citizenship.
     
    7 FAM 1159.1  Evidence of Citizenship for Children Born Abroad to U.S. Citizen Parent(s) Under INA 320 as amended by the Child Citizenship Act of 2000  
    (CT:CON-523;   07-08-2014)
    a. Who Qualifies for U.S. Citizenship under this Statute:  A child under the age of 18 (born on or after February 28, 1983) on February 27, 2001, who claims citizenship through the naturalization of a parent or child born abroad to U.S. citizen(s) who cannot transmit citizenship under any other section of the INA.
    b. Who Does Not Qualify for U.S. Citizenship:  Individuals who are 18 years of age or older on February 27, 2001, do not qualify for U.S. citizenship under this new law:
    (1)  If claiming by virtue of a parent’s or parents' naturalization, they must be adjudicated in accordance with INA 321, as originally enacted.  Individuals claiming citizenship under INA 320, as amended, through a U.S. citizen parent who could not otherwise transmit citizenship have no predecessor statute under which to acquire citizenship;
    (2)  However, individuals who cannot acquire citizenship under INA 320, as amended, may apply to USCIS for naturalization in their own right (as opposed to automatic acquisition through the expeditious CCA process); and
    (3)  The inability to acquire citizenship under the new statute does not affect the validity of the individual's LPR status.
    c.  Documenting an Individual's Status as a U.S. Citizen under Section 320 INA:  Parents of children who meet the conditions for automatic acquisition of citizenship under the CCA may apply for either or both of the following to document the child’s status as a U.S. citizen:
    (1)  A Certificate of Citizenship from USCIS; and
    (2)  A U.S. passport from the Department of State.
    d. There is no requirement that the child be documented in order to acquire U.S. citizenship.  After the effective date of the statute, individuals who meet the statutory requirements are U.S. citizens when the last of the conditions required by the statute are met.  They may be documented as such at any time.
    e. Statutory requirements (for all children):  A foreign-born child automatically acquires U.S. citizenship when all of the following have been met, regardless of the order:
    (1)  The child has at least one United States citizen parent (by birth or naturalization);
    (2)  The child is under 18 years of age (born on or after February 28, 1983); and
    (3)  The child is residing in the United States in the legal and physical custody of the United States citizen parent, pursuant to a lawful admission for permanent residence;
    (a)  Children residing with a surviving U.S. citizen natural parent (if the other parent is deceased) are presumed to be in that parent's legal and physical custody upon presentation of the deceased parent's death certificate;
    (b)  Children whose parents are legally separated must be in the full or joint custody of the U.S. citizen parent.  In the case of joint custody, physical custody is implied regardless of the actual physical custodial situation; and
    (c)  Children born out of wedlock must be in the physical and legal custody of the naturalizing parent.  If the parent naturalized is the father, the father must legitimate the child pursuant to the law of either the child’s residence or domicile or the father’s residence or domicile pursuant to INA 101(c)(1).  Mothers need not legitimate children.
    f.  Documentary Requirements - Evidence of INA 320(a) Claim:
    (1)  The child’s birth certificate or record with the seal of the issuing office and the names of the parents;
    (2)  Marriage certificate of child’s parents (if applicable) with seal of issuing office;
    (3)  Evidence of U.S. citizenship of parent (i.e., birth certificate, naturalization certificate, Form FS-240, a valid or unexpired U.S. passport, or certificate of citizenship);
    (4)  In the case of divorce, or legal separation, documentation of legal custody; and
    (5)  Evidence of Permanent Residence Status:
    (a)  Permanent Resident Card/Alien Registration Card (LPR card);
    (b)  Foreign passport containing the original stamp (I-551) showing evidence of lawful admission to the United States for permanent residence;
    (c)  If the applicant cannot present his or her LPR card, or a foreign passport containing the I-551 stamp, he or she must be referred to USCIS for verification of lawful entry; and
    (d)  Secondary evidence such as an approved petition for immediate relative, school records, doctor's records, airline tickets, etc. are not acceptable for purposes of the statute.  Such documents should not be solicited or accepted because what is needed is the verification of admission for lawful permanent residence.
    NOTE …
    It does not matter in which order the law's requirements are met.
    A child who is presently in the United States as a Lawful Permanent Resident Alien (LPR) automatically becomes a citizen if a parent naturalizes as U.S. citizen subsequent to the child's admission as an LPR while the child is under the age of 18.  
    Similarly, a child who adjusts status to an immigrant having been initially admitted as a nonimmigrant, can avail him or herself of the benefits of CCA if residing in the United States in the legal and physical custody of a U.S. citizen parent.  
    On the other hand, a child whose parent naturalizes in the United States after the child has left the country as an LPR, does not automatically naturalize.  The child would have to return to the United States as an LPR.  Citizenship would then accrue automatically once the child was in the United States as an LPR in the legal and physical custody of a citizen parent, while under the age of 18.  
    NOTE:  As U.S. citizens they are not required to remain in the United States for any specified period of time in order to retain the citizenship they acquired under INA Section 320.
    NOTE:  A certificate of citizenship issued by USCIS is not a prerequisite to the issuance of the passports, assuming that the child was admitted as an LPR in the legal and physical custody of a U.S. citizen parent.
    Then received correspondence requesting proof that she resided with me. Sent school transcripts, medical records, tax returns with her claimed as a dependent. That did the trick.  
  5. Like
    Lenchick got a reaction from Frage in Derivative Citizenship & Passport Application   
    She could have been a citizen at birth if certain requirements are met. Why didn't you apply for a report of birth abroad? That's probably why they are asking you for the evidence of your presence in the US.
  6. Like
    Lenchick got a reaction from hellokity in PR looking into citizenship   
    you can apply of course.  Go to their Citizenship page. It will give you lots of needed information. Things don't always work out for some couples.  Just be prepared to explain about your divorce why it didn't work out in case you are asked at the interview. 
    https://www.uscis.gov/us-citizenship
  7. Like
    Lenchick got a reaction from Diane and Chris in Dont want to continue anymore pls help   
    Well said. My respect to you. It seems many people here are merely looking for drama trying to eleborate their assumptions without any solid proof,  rather than to give a simple helpful answer. 
  8. Like
    Lenchick got a reaction from elmcitymaven in Dont want to continue anymore pls help   
    Well said. My respect to you. It seems many people here are merely looking for drama trying to eleborate their assumptions without any solid proof,  rather than to give a simple helpful answer. 
  9. Like
    Lenchick got a reaction from Marc_us82 in Dont want to continue anymore pls help   
    Well said. My respect to you. It seems many people here are merely looking for drama trying to eleborate their assumptions without any solid proof,  rather than to give a simple helpful answer. 
  10. Like
    Lenchick got a reaction from Gafelkins56 in cr1 petition returned for usics review... but   
    It sounds as if you didn't answer to their letter. When we sent our petition, I took a long time to start the visa process. I mistakenly thought after the petition was approved I could have waited as long as I wanted to and they sent us a similar letter that stated if we wouldn't  pursue the visa petition within a year it would be canceled. You need to write to them explaining the situation that you have not received anything from them. At that time I sent them an email and also a written explanation with my signature and the date. Try to call them and ask but in any case write an official letter with the explanations and send it as a registered letter to make sure they receive it. 
  11. Like
    Lenchick got a reaction from Going through in Dont want to continue anymore pls help   
    Well said. My respect to you. It seems many people here are merely looking for drama trying to eleborate their assumptions without any solid proof,  rather than to give a simple helpful answer. 
  12. Like
    Lenchick got a reaction from AnJ Co in Dont want to continue anymore pls help   
    Well said. My respect to you. It seems many people here are merely looking for drama trying to eleborate their assumptions without any solid proof,  rather than to give a simple helpful answer. 
  13. Like
    Lenchick reacted to AnJ Co in Dont want to continue anymore pls help   
    It's sad that replies jump to 'motives' and 'hidden innuendos' of the OP.  I am equally guilty of assumptions often when I read a post.  I have found that a moment of reflection and re-reading the post before quipping a response usually produces my best answer for the benefit of the OP.
     
    I believe that what we do today has an influence on tomorrow.  If the OP has decided to NOT follow through with her original intentions, she is being prudent in that she wants to expeditiously dispose of this matter in the best way that has the least impact on tomorrow.  Who knows what tomorrow will bring?  Maybe she likes American men, Maybe she is just closing the chapter in this book and preparing for the next chapter to begin.  In any case, her dark secret ulterior motives were not stated in her post, so we can presume all we want - and quite frankly, I don't think she has any.
     
    A post on VJ should not be a descent into a viper pit.  It should be for a dialogue of considerate and respectful discussion.
  14. Like
    Lenchick got a reaction from geowrian in What are Given names? Please Help...   
    Then put it the way as someone said above and the way you put at the beginning. First name -your given name, middle name your father's and grandfather's name. It won't be a mistake. Whatever you put there, this is how it will be on your green card.
  15. Like
    Lenchick got a reaction from moenicy in Filing and Living Abroad   
    For the future reference, the unit that will deal with your i-130 is always this way. Hard to reach, short on additional info and you wait for their emails for several days. When your petition is approved they will transfer it to the immigration unit and that's where you will get instant replies to your questions. If not the same day then at least next day answers. 
  16. Like
    Lenchick reacted to moenicy in Filing and Living Abroad   
    I apologize for not updating this thread sooner - I heard back from Frankfurt after a while via Email and they said there is NO requirement for the amount of time he has to have lived in Germany!
     
    So we waited for his Aufenthaltstitel and then filed the I-130. I will start creating a timeline here and keep this updated if anything changes (i.e. if we get an RFI after all...  Also if we run into any difficulties concerning domicile)
     
    Thanks in anycase to you guys for pointing us in the right directions  So much appreciated!
  17. Like
    Lenchick got a reaction from moenicy in Filing and Living Abroad   
    If you choose to go  DCF route, you only send it to Frankfurt, if you want to go the US route, then only send it to Chicago. But better send it to Frankfurt if you are eligible. You are in Germany and to have all the paperwork done locally is much easier. You will save yourself from much headaches applying in Frankfurt.
  18. Like
    Lenchick got a reaction from captainofiron in Ukraine Situation/Dual Citizenship   
    You are welcome! Here is one more bill by Poroshenko that I mentioned but didn't give the link, in case you didn't find. 
     
    http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=61320
  19. Like
    Lenchick got a reaction from Ksenia_O in Ukraine Situation/Dual Citizenship   
    The bill 4116 was from 2014 and withdrawn 
    here is the link to the official website
    http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=49734
     
    The bill 5433 is stuck at the stage "in process" for a while 
    http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=60558
     
    There is another bill that the president proposed but nothing has been  legally adopted or voted for as of yet. 
     
  20. Like
    Lenchick got a reaction from captainofiron in Ukraine Situation/Dual Citizenship   
    The bill 4116 was from 2014 and withdrawn 
    here is the link to the official website
    http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=49734
     
    The bill 5433 is stuck at the stage "in process" for a while 
    http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=60558
     
    There is another bill that the president proposed but nothing has been  legally adopted or voted for as of yet. 
     
  21. Like
    Lenchick got a reaction from millefleur in Ukraine Situation/Dual Citizenship   
    The bill 4116 was from 2014 and withdrawn 
    here is the link to the official website
    http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=49734
     
    The bill 5433 is stuck at the stage "in process" for a while 
    http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=60558
     
    There is another bill that the president proposed but nothing has been  legally adopted or voted for as of yet. 
     
  22. Like
    Lenchick got a reaction from TBoneTX in Ukraine Situation/Dual Citizenship   
    The bill 4116 was from 2014 and withdrawn 
    here is the link to the official website
    http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=49734
     
    The bill 5433 is stuck at the stage "in process" for a while 
    http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=60558
     
    There is another bill that the president proposed but nothing has been  legally adopted or voted for as of yet. 
     
  23. Like
    Lenchick reacted to IAMX in Maxine Waters admits there is no 'actual evidence' of collusion   
    These people all but admit that this being kept an issue to breed discontent with Trump's Presidency. It's a normal part of party strategy.
     
    The left, though, don't even think twice about the fact that they're blindly following the strategy the DNC and others (i.e. Soros and co) employ, all because they're so upset about Trump being elected. For people who try and portray themselves as intellectual (recall the "hurr durr if u vote for Trump u must not be intellectual/educated"), they're pretty stupid.
  24. Like
    Lenchick reacted to ready4ONE in Maxine Waters admits there is no 'actual evidence' of collusion   
    I believe investigation is defined by searching for evidence. 
  25. Like
    Lenchick reacted to jg121783 in Maxine Waters admits there is no 'actual evidence' of collusion   
    When asked for evidence she replies with more wild accusations such as saying that Trump got all the phrases he used from Putin. She then goes on to admit they have no evidence. But we must continue on with the witch hunt. I mean investigation. Nothing has been produced in the last six months but give it a few years and we will find someone in Trump's cabinet who eats Russian dressing or something horrible like that.
     
    Come on democrats. Don't you want to try to save face from this embarrassment before the mid term elections so maybe you can gain a few seats or at least hold onto some of what you still have? 
     
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