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jetblued

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  1. Haha
    jetblued reacted to Duke & Marie in Expedite Removed from Airport. What to do?   
    😂😂 omg they wouldn’t wanna read my messages with hubby... they get quite x rated especially as visits get closer lol guess that’s one way of proving legit relationships though 😂
  2. Haha
    jetblued reacted to Loren Y in Missourians, I have some troubling news.. READ THIS   
    I suggest, just to be safe a quick trip to Vegas if your from Missouri. I'm here to help 😁
  3. Like
    jetblued reacted to Mollie09 in Need help, please. I-751 was approved but failed to inform USCIS.   
    In my mind, the purpose of the I-751 is to verify that you didn't enter into the marriage for immigration purposes, so if you proved that with the evidence you submitted there's no fraud in not notifying USCIS of your divorce. If you had been required to interview, you would have to switch to a divorce waiver because it would mean the evidence you submitted wasn't enough to approve outright, but if that's not the case I really don't think it's a big deal you didn't report the divorce, the petition was approvable.
     
    ETA: Yes, ideally you would have notified USCIS, but there's no point crying over spilled milk now. I doubt you'll get nailed for "fraud" or anything because of this.
  4. Haha
    jetblued reacted to The_Empyrean in Adjustment of Status for Tourist Visa Holder   
    I dare you to tell on the border that she'll adjust status while VISITING.. see how that goes..
  5. Like
    jetblued reacted to The_Empyrean in Adjustment of Status for Tourist Visa Holder   
    to OP:

    So umm... If you know so much, why ask here then?
    She clearly has intention to immigrate using B visa, which is visitors. She'd lie on the border that she has no intent to stay here and she'll leave before her visa is up (thats what you agree with when entering, that you DO NOT HAVE ANY INTENTIONS OF STAYING/ADJUSTING). So yeah, i don't get your "adjust" from visitors visa isn't fraud. She would be lying to the border officer. That is fraud:
    fraud
    /frôd/
    noun
    wrongful or criminal deception intended to result in financial or personal gain.
  6. Like
    jetblued reacted to SalishSea in Adjustment of Status for Tourist Visa Holder   
    Per this entire thread, I think you know that her intention is to VISIT and ADJUST STATUS.  
  7. Like
    jetblued reacted to SalishSea in Adjustment of Status for Tourist Visa Holder   
    YOU need to check the facts.  She is not currently in the US.  If she enters now on a B visa, intending to adjust status, that is FRAUD.  I have asked for this thread to be closed due to your persistent TOS violations in planning for fraud.
  8. Haha
    jetblued reacted to duravit in Adjustment of Status for Tourist Visa Holder   
    Since she's on a B visa, therefore she has the option to start her process while she's on a visit to the USA. An adjustment of status is just that; an adjustment from a nonimmigrant status (B visa in this case) to a permanent resident status.
     
    You need to check the facts of the case before jumping on the "fraud" bandwagon. 
  9. Haha
    jetblued reacted to USS_Voyager in Credit Check   
    I have no idea, never heard of it. You're not buy a car or getting mortgage, so don' know what the credit check is for. Maybe USCIS is coming out with a credit card they want you to apply for. "Sign up today and you will get a direct phone number to the adjudicator on YOUR case"... 
  10. Haha
    jetblued reacted to USS_Voyager in Maid to the USA   
    Yeah, what’s wrong with a good olde made-in-the-USA maid?
  11. Haha
    jetblued reacted to payxibka in RapidVisa filing services. Is the company legitimate and worth the effort?   
    Just so you are aware,  rapid and visa are oxymoronic when speaking about immigration 
  12. Haha
    jetblued reacted to gregcrs2 in B1 Visa and Esta denied. Possibility of arrival by land?   
    So what's the REAL story here?  Because this whole story about arts & crafts projects is simply not believable.    
  13. Like
    jetblued reacted to Greekwife in Final public charge rule   
    No, just a “stigma” of the so-called American meritocracy..... and probably a “blasphemy” for Trump the tycoon.....🤑🤑
     
  14. Like
    jetblued reacted to Greekwife in Final public charge rule   
    Well the most surprising though is the reaction of some of those who became LPR.
    They find Trump’s new law awesome......
    ( speechless 😶 )
  15. Like
    jetblued reacted to geowrian in K1 denied despite showing assets over 60k for family of 1   
    This is an incorrect understanding of the calculation. His current income is $0. What he made last year has no impact on current income. What he intends to make this year has no impact on current income.
    Assets can be used, although these assets alone were deemed insufficient. The CO makes a decision based upon the totality of the circumstances. They determined it was insufficient. He either needs a job to show sufficient current income or to find a co sponsor.
     
    A few other notes...
    The link you posted is in the AFM. DOS does not use the AFM. They use the FAM instead. The link you posted refers to the I-864. The I-134 is a different form used solely as a guideline for the CO to determine the public charge concern.  
    To respond to the specific questions:
    Many people. By "fight", do you mean argue your case or resolve the issue? If you want to plead your case, good luck...you're not going to find somebody to overrule the decision. You can resolve the issue with a sufficient sponsor. The embassy/consulate will normally hold the petition for up to a year. Keep in contact with them. If you exceed the validity period of the medical, they will require a new medical exam and possibly a new interview. You cannot just get a new interview upon your request, nor would there be any benefit in doing so.
  16. Like
    jetblued reacted to mindthegap in Help desperately needed   
    Right, I have had a cup of tea, and some chocolate (proper english dairy milk, natch, not that horrid hershey rubbish you get over here), so here is some potentially useful info for you. 
    I suggest you also get a cup of tea, as this is a long one......
     
     
    As one of the few on here who has unfortunately experienced a denial, and is still going through this hell in some form, I can offer the following advice, with the caveat that I am not an immigration attorney.
     
     
     
     
    Firstly, don't panic. Yes it is a scary letter. I was a f***ing suicidal mess when I received one, and spent three days initially without any sleep whatsoever reading every single thing I could possibly find on the legalities of this stuff, which served me very well, and I can hopefully help you out now too, as I have learnt a lot more in the time since.
     
    All is not as it appears... USCIS have no authority to formally terminate your status. Yes, you heard me. Only an immigration judge can formally terminate your LPR status, in court, and issue a final order of removal at which point your status is terminated for good. You currently remain a conditional LPR (with caveats). The law does sort of contradict itself in some respects, but between an I-75 denial and a final order of removal, you remain a LPR with the right to work.
    You are also entitled to proof of status in the form of a stamp. This is backed up by case law and also clarification by USCIS and the EOIR as you will read below. DO NOT LEAVE THE US UNTIL YOU HAVE A STAMP - not Mexico, not Canada. You are in a world of hurt if you do so...and it will be a lot harder for you.
     
     
    The general standard process of denial, and process for revocation of status and an order of removal is:
    Denial letter (or notice of intent to deny) --> NTA (notice to appear in court)  ---> court date ----> upheld/overturned --> appeal if upheld --> final determination and final order of removal.
     
    Now, an NTA can take years to appear. The immigration courts are so backlogged, and these cases are low priority vs asylum or other deportable or criminal aliens. So you could continue with this stamp for as long as necessary, but it is no way to live, so there are things you can and should do to protect yourself.
     
     
    So, file an I-751. Prepare the I-751 exactly as you would normally, filling it out correctly, making sure you both sign it, and get it sent in, I suggest by fedex overnight as it is very secure and properly trackable. I would suggest you to get this sent in the next day or so if possible - time is of the essence at this moment. Amassing every bit of evidence can wait until later, just get it in with the main bulk of evidence you already have.
    The most important thing is with this I-751, is that you MUST enclose a letter stating the reason for failing to file your I-751 on time, and why you are filing late at this time. Don't bother with a full contents list of evidence and all that rubbish  - just a simple, clear and to the point letter, stating why it is being filed late, and enclosing the main bulk of evidence you already have, should suffice. 
    As long as you enclose that letter. It *should* be accepted, you will receive the receipt/extension notice, followed by the usual biometrics appointment. If you have any letters, say from a Dr or shrink at that time signing you off work, or stating you were depressed/medicated due to grief, then that only strengthens your case. 
    I would say the death of a parent while pregnant is a pretty real and valid reason IMHO. 
     
     
    As soon as you receive the extension letter, go to an infopass and obtain an I-551 stamp, showing them the letter, and stating that you require unambiguous proof of status, which is clarified below, taken from USCIS  https://www.uscis.gov/sites/default/files/files/pressrelease/CRwaiver041003.pdf
    "If an alien’s conditional resident status is terminated because he or she could not timely file a Form I-751, and he or she is placed in removal proceedings, then he or she may request a continuance from the immigration judge to allow for the finalization of the divorce or annulment proceedings. It is noted that the conditional resident whose status has been terminated should be issued a temporary I-551 during the pendency of his or her case before the immigration judge (see Genco Opinion 96-12)."
     
    And Genco Opinon 96-12 itself:
    ""Genco Opinon 96-12 - Status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR
    August 6, 1996 
     
    Status of a Conditional Permanent
    resident after denial of I-751 during
    pendency of review by EOIR

    Office of the
    General Counsel

    I. QUESTIONS

    The Benefits Division requests a legal opinion concerning the following questions:
    1) What is the status of a conditional permanent resident after his I-751 has been denied by the director and his case is under review by the EOIR? Is the alien entitled to an I-551 stamp, adapted to show that his case is pending? Is the alien entitled to any other benefits associated with legal permanent resident status?

    2) If an Order to Show Cause has not been issued, what is the alien's status and what documentation is the alien entitled to possess?
    II. SUMMARY CONCLUSION

    The director should issue the Order to Show Cause at the time he or she provides written notice to the alien of the decision to deny the Form I-751.

    Strictly speaking, a conditional permanent resident whose Petition to Remove Conditions on Residence (Form I-751) has been denied by the director is no longer a lawful permanent resident, as of the date of the director's notice of termination. However, because the alien has a right under statute and regulation to request review of such determination in deportation proceedings, the conditional permanent resident whose status has been terminated should be issued a temporary I-551 during the pendency of such review. INS should not approve any Petition for Alien Relative (Form I-130) filed by the alien on behalf of another alien during the pendency of such proceedings.

    III. ANALYSIS

    Section 216 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1186a, provides that an alien spouse who is granted permanent resident status by means of marriage to a United States citizen which took place less than two years earlier shall be granted such status on a conditional basis. Unless otherwise specified by the statute or regulations, an alien granted permanent resident status pursuant to section 216 enjoys the same rights, privileges, responsibilities, and duties as other legal permanent residents. 8 C.F.R. § 216.1

    The conditional basis of residence is removed via the approval of a Petition to Remove the Conditions on Residence (Form I-751) filed by the alien and spouse within 90 days before the second anniversary of the date on which the alien obtained lawful admission for permanent residence. The director of the regional service center has been delegated sole authority to adjudicate the Form I-751. 8 C.F.R. § 216.4(c). Where the director finds derogatory information pertaining to the validity of the marriage, he or she must offer the alien the opportunity to rebut such information. Id. If the alien is unable to overcome such derogatory information, the director ''may deny the joint petition, terminate the alien's permanent residence and issue an order to show cause to initiate deportation proceedings.'' Id. (emphasis added). Moreover, if the director proceeds to deny the Form I-751, he or she must provide written notice specifying the basis for the denial to the alien ''and shall issue an order to show cause why the alien should not be deported from the United States.'' 8 C.F.R. § 216.4(d)(2) (emphasis added). This regulatory language clearly provides that once the director denies the joint petition and terminates the alien's permanent residence, an order to show cause must follow.

    The regulations further specify that the alien's lawful permanent residence status is terminated as of the date of the director's written decision. 8 C.F.R. § 216.4(d)(2). As of the date of denial, the alien is ''instructed to surrender any Alien Registration Receipt Card previously issued by the Service.'' Id. Accordingly, an alien whose Form I-751 has been denied has no status as a conditional permanent resident and is not entitled to an Alien Registration Receipt Card. Therefore, in light of the termination date of an alien's lawful permanent residence, and the gap that ensues if an order to show cause is not issued, failure to timely issue the order to show cause leaves INS vulnerable should an alien file an action in mandamus to compel performance of that requirement.

    Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits.

    However, because an alien whose Petition to Remove Conditions on Residence has been denied by the director is, strictly speaking, no longer a lawful permanent resident, the Service should not approve any Form I-130 filed by such an alien after issuance of the termination notice, but before resolution of the deportation proceeding. 8 C.F.R. § 216.4(d)(2). Nonetheless, as final termination of the alien's lawful permanent resident status is subject to review of the director's decision in deportation proceedings, we advise that if an alien in this situation does seek to file a Petition for Alien Relative, the Service should accept the petition as filed, but not adjudicate it pending conclusion of the deportation proceeding. Thus, if the alien recovers lawful permanent resident status in the deportation proceeding, the Form I-130 could be approved based on the priority date established when filed. Similarly, should the alien prevail before the immigration judge, the restoration of lawful permanent resident status would relate back to the date of termination. Thus, the period from the date of the director's notice of termination and the date of restoration of status would count as time accrued for purposes of eligibility for naturalization. Cf. INA § 216(e), 8 U.S.C. § 1186a(e)."
     
     
     
     
     
    Still with me? Good. Get yourself another cup of tea.
     
    Within a couple of days of receiving my scary denial letter, I had sent a new I-751, and I then received my receipt, then biometrics letter, and I went to get a stamp. Since then, I have left and returned to the US multiple times, with no issue - bar a quick and polite visit to secondary each time to verify my status (as my stamp is annotated with 'TC-1' , telling them it has been denied/re-opened). I am awaiting my citizenship interview now, which unfortunately has been delayed slightly due to this. 
     
    To date I have had no NTA, and when I call the automated line, it shows nothing. The phone line is 1-800-898-7180. Have your A# to hand, and use the automated system, which will tell you if an NTA has been issued or there are any proceedings underway.
    My suspicion is that if you file quickly enough (and within the 30 days allowed for an I-290B to be filed), it stops the file being passed to the courts for an NTA. As yours is a very recent denial letter, you stand a good chance of this also happening to you. 
     
    Even if you do receive an NTA, any proceedings would be immediately stayed (paused) with a still-pending I-751 (which is why you must file it). This will be adjudicated on its merits and the evidence provided, without prejudice.
     
     
    But ultimately my point is, DON'T PANIC....all is not lost, you have rights, and you won't be sent on the next plane home, or arrested in the street. Just get that 751 in asap and see what happens then.
     
     
  17. Like
    jetblued reacted to Mollie09 in B2 Tourist Visa Extension   
    No, my dude, I make no judgements about your situation because I've only heard your side. I'm sure people who only heard my ex-husband's side of our divorce probably wish he could've called a USCIS police line to get me deported. Alas, this isn't a relationship advice forum, this is an immigration forum, and you seem to have misconceptions about how the immigration bit works. It's not fast or straightforward, and "getting people deported" isn't a thing.
     
    Just having a bit of fun, that's all.
  18. Like
    jetblued reacted to The_Empyrean in B2 Tourist Visa Extension   
    As long as you have a decent plan. I'm happy that you have self-control of a priest lol.
    Evict the mother, let your ex and MIL figure out where she's gonna leave. She's interfering with your abilities to be a father, and sparking Your wife to be aggressive towards you.
    That Audio of her provoking you WITH baby in hands should be more than enough to ruin her future. Assault, child endangerment, emotional abuse. Nuke her
  19. Like
    jetblued reacted to aaron2020 in B2 Tourist Visa Extension   
    You're not going to find anything definitive since there are tons of different jobs and there is no way there can be an exhaustive list with a bunch of different jobs.
     
    Google "babysitting tourist visa."
     
    You get things like this; https://www.cleveland.com/travel/2015/08/babysitter_versus_the_border_p.html
  20. Like
    jetblued reacted to Loren Y in CONFUSED!   
    Maybe if you have some assets to add to the application. assets are looked at in thirds, so say you have 60,000 in a bank account they consider that 20,000 available. Assets can be stocks, investments, anything that can be liquidated in a reasonable amount of time, maybe that can help satisfy their requirements. That is sometimes a problem that they look at the whole overall situation, and it could depend on where you live. If you make just the minimum and live in Iowa, there is no problem, but if you are close to the minimum and live in say San Fransisco, CA where a studio apartment is over 2000 dollars a month, more like 2500 a month, your income may not be enough to satisfy them your spouse won't become a public charge. There is no rhyme or reason to their logic, so I feel your pain, and wish you the best of luck.
  21. Like
    jetblued reacted to Starkilla09 in US Citizenship after divorce   
    Your question is a little confusing but to clear the water let me list your naturalization pathway for you:
    First and foremost you must successfully lift your I-751 conditions either through a joint or divorce waiver petition before you can successfully naturalize or even think of naturalizing that's the law. If you lift through a joint petition and are still married to and living with your U.S. citizen spouse, then you qualify to apply for naturalization on your 3rd year anniversary (though you can apply as early as 90 days) of being a lawful permanent resident as of the "resident since" date inscribed on your original 2 year conditional green card.
     
    If successfully lift conditions as a joint I-751 petition then divorce later you no longer qualify to file under 3 year rule and must wait 5 years to apply like everyone else. The 3 year rule is for spouses of U.S. citizens who are still married to and living in marital union with their spouses as of the time of application and adjudication of the naturalization application transitional phase. The 5 year rule will also apply to you if you lift your I-751 conditions using a divorce waiver petition as well. As usual you can apply as early as 90 days prior to your 5th anniversary of being a lawful permanent resident as of the "resident since" date inscribed on your original 2 year conditional green card. The 10 year green card you receive after you successfully lift I-751 conditions retains your original resident since date since you officially became an permanent resident and this is the date you use to count your naturalization clock eligibility.
  22. Like
    jetblued reacted to Crazy Cat in Apply tourist visa for my mother: Indonesian citizen   
    Not seeing ANY supporting documents would be better than seeing documentation you listed....imo.  You are giving the CO a great deal of ammunition to deny her tourist visa.....
  23. Like
    jetblued reacted to Just Paul in Apply tourist visa for my mother: Indonesian citizen   
    Items 6 thru 8 are the only relevant things.   There is no sponsorship for a tourist visa.  She needs to prove her own ties back to her home country.
  24. Like
    jetblued reacted to Hypnos in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    So I became an LPR on 3rd April, 2013. This meant that according to USCIS' filing calculator I became eligible to file an N-400 on 3rd January, 2018 (plus five years minus 90 days). I filed my N-400 online through ELIS at 2:30am, staying up late because I was excited to finally begin this final chapter in my immigration journey.
     
    I hit an early roadblock when the receipt NoA for some reason assigned me an N-400 priority date of the previous day, 2nd January. The "application received on" date was correct since it said 3rd January. I posted about it here more than once, and the consensus seemed to be that USCIS would honour the "received" date, not the "priority" date.
     
    It took a year of waiting (thanks, Dallas backlog) but I eventually got my naturalisation interview scheduled for 14th January of this year. I dutifully attended, answered all questions and passed all the tests, but was told a decision could not be made. Well the decision was made tonight, and a denial notice popped up in my online USCIS account. The reason? I applied too early. The notice stated that I applied on 2nd January, 2018, and was only eligible to file on 3rd January, 2018. Again, this wasn't mentioned at the interview, and I brought all my emailed ELIS receipts and other documents showing I filed on 3rd January in case they ever brought it up, but they didn't.
     
    So it's been a fun night. After a brief period of shouting, loudly, I began to move into attack mode.
     
    What I have done so far:
     
    1) Emailed the CIS Ombudsman giving them the entire story, receipts with timestamps showing I applied on the correct date, and all that jazz. Unfortunately, I'm pretty sure the Ombudsman is closed right now as part of the partial federal government shutdown, so I'm not really expecting much out of this immediately.
     
    2) I'm going to my Congressman's local office tomorrow to give them the story and all the same documents and seeing if they can intercede with USCIS on my behalf.
     
    3) Emailed my old lawyer and another lawyer that helped me back in 2013 to see if they can offer suggestions. Not trying to freeload on them; I offered to pay whatever fee they deem reasonable on this, since it's obviously no longer in DIY territory.
     
    4) I'll be contacting the two biggest local newspapers, the Dallas Morning News and the Fort Worth Star-Telegram, to see if they're interested in doing a story on this. I figure the more attention I can get on it the more likely I am to get something done.
     
    I also have the option of either filing a fresh application, together with its $725 fee and one year wait time, or an N-336 formal appeal of their decision. Fun fact on the N-336: it costs $700 to file, and you will often wait almost as long as it costs to process a new N-400, so they kinda get you coming and going on that one. I'm not ruling anything out yet, but for now I'm hanging my hat on something from 1-4 getting me somewhere on this.
     
    So at the end of the day, anyone intending to file for naturalisation on the day they become eligible: DON'T DO IT. Wait a couple of days, then submit. You will avoid all this bull, and can instead deal with some other USCIS bull that will be unrelated to this.
     
    Now it's time to write some letters to newspapers and see if I can get anywhere. I will post replies here as to what happens, if anything meaningful does.
  25. Like
    jetblued reacted to Loren Y in Residency without signing I864   
    See photo below... This is what you do when you really want to be with someone. You man up, and fill out the forms, and FILE THEM after you get married. I just finished up 99% of my AOS packet, and as soon as were married in about 10 days and I have the Certificate, I will send it out. The thought never crossed my mind not to do it. I'll stop at this or I am sure I will end up banned for life with any other comments.

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