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Sm1smom

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  1. Like
    Sm1smom reacted to SusieQQQ in Change Status from B1/B2 to O1-A visa [edited title]   
    For clarification, if OP is admitted back as a parolee rather than O1, s/he is no longer authorized to work and is stuck in “adjustment pending” limbo till the AOS is approved?
  2. Thanks
    Sm1smom got a reaction from Leeching Spouse in Change Status from B1/B2 to O1-A visa [edited title]   
    I think you’ve misunderstood what you read from the link you provided. Yes, there’s an in-person interview waiver for certain categories of applicants who meet certain requirements (I will not bother to list those as it is well explained there already). However, those set of people still need to apply for the visa at an applicable embassy/consulate, they just will not need to go into the embassy/consulate in person for an interview - they mail in their passport and the visa gets issued without their having to attend an interview. That is what the interview waiver is about. 
     
    In your specific case however as a Canadian if you are outside the US when the I-129 gets approved, (I did not note that fact earlier in any of my previous responses), you do not apply for a visa from an embassy following the I-129 approval. You basically present yourself at any POE with the approved I-129 and seek for admission on O1 status because in most circumstances, Canadians citizens do not require visitor, business, transit or other visas to enter the US either from Canada or from any other countries (with the exception of a few visa categories of course).
     
    The need to have an approved AP prior to traveling out of the US with a pending I-485 application while on O1 status is what makes it a limited dual intent visa/status compared to a H-1B or L visa/status which do not require an approved AP prior to traveling out of the US with a pending I-485. Returning to the US with AP card automatically switches you over from O1 to a parolee, and if for some reason the I-485 application gets denied, you no longer have a valid status to fall back on in that case also makes it a limited dual intent visa/status. It is typically recommended for folks on O1 a status to not undertake a foreign trip outside the US when they have an AOS application pending. 
     
  3. Thanks
    Sm1smom got a reaction from Leeching Spouse in Change Status from B1/B2 to O1-A visa [edited title]   
    I’m guessing OP meant they were admitted into the US on B2 status, and not necessarily that they have an actual B2 visa stamp issued by an embassy/consulate in their passport, unless of course the OP is not a Canadian citizen as indicated. Again, terminology mixup IMHO. 
  4. Thanks
    Sm1smom got a reaction from Leeching Spouse in Change Status from B1/B2 to O1-A visa [edited title]   
    OP can initiate a COS following the I-129 approval, I believe. The approval notice will automatically switch the OP from B2 to O1A. The I-797A should come with a new I-94 evidencing their new status.
     
    It turns out the OP didn’t know the difference between adjustment of status and change of status, they mixed up the terminologies, in addition to not understanding the process - surely the OP can be forgiven for that, considering the lack of understanding is what made them post and ask their question in this forum. 
  5. Like
    Sm1smom got a reaction from Chancy in Change Status from B1/B2 to O1-A visa [edited title]   
    I’m guessing OP meant they were admitted into the US on B2 status, and not necessarily that they have an actual B2 visa stamp issued by an embassy/consulate in their passport, unless of course the OP is not a Canadian citizen as indicated. Again, terminology mixup IMHO. 
  6. Like
    Sm1smom got a reaction from SusieQQQ in Change Status from B1/B2 to O1-A visa [edited title]   
    OP can initiate a COS following the I-129 approval, I believe. The approval notice will automatically switch the OP from B2 to O1A. The I-797A should come with a new I-94 evidencing their new status.
     
    It turns out the OP didn’t know the difference between adjustment of status and change of status, they mixed up the terminologies, in addition to not understanding the process - surely the OP can be forgiven for that, considering the lack of understanding is what made them post and ask their question in this forum. 
  7. Like
    Sm1smom got a reaction from SusieQQQ in Change Status from B1/B2 to O1-A visa [edited title]   
    I think you’ve misunderstood what you read from the link you provided. Yes, there’s an in-person interview waiver for certain categories of applicants who meet certain requirements (I will not bother to list those as it is well explained there already). However, those set of people still need to apply for the visa at an applicable embassy/consulate, they just will not need to go into the embassy/consulate in person for an interview - they mail in their passport and the visa gets issued without their having to attend an interview. That is what the interview waiver is about. 
     
    In your specific case however as a Canadian if you are outside the US when the I-129 gets approved, (I did not note that fact earlier in any of my previous responses), you do not apply for a visa from an embassy following the I-129 approval. You basically present yourself at any POE with the approved I-129 and seek for admission on O1 status because in most circumstances, Canadians citizens do not require visitor, business, transit or other visas to enter the US either from Canada or from any other countries (with the exception of a few visa categories of course).
     
    The need to have an approved AP prior to traveling out of the US with a pending I-485 application while on O1 status is what makes it a limited dual intent visa/status compared to a H-1B or L visa/status which do not require an approved AP prior to traveling out of the US with a pending I-485. Returning to the US with AP card automatically switches you over from O1 to a parolee, and if for some reason the I-485 application gets denied, you no longer have a valid status to fall back on in that case also makes it a limited dual intent visa/status. It is typically recommended for folks on O1 a status to not undertake a foreign trip outside the US when they have an AOS application pending. 
     
  8. Like
    Sm1smom got a reaction from Mollie09 in Change Status from B1/B2 to O1-A visa [edited title]   
    As a Canadian citizen, OP does not need to apply for a visa at a consulate after an approved I-129. If the OP is outside the US after the I-129, approval, OP goes to the POE with the approved I-129 and seek admission right there. 
  9. Like
    Sm1smom reacted to Kai G. Llewellyn in Change Status from B1/B2 to O1-A visa [edited title]   
    I don't think OP needs a visa foil from a Consulate to re-enter the US in O status as they're a Canadian citizen. So the Change of Status alone once approved should allow them to re-enter as an 'O' but will be subject to whatever requirements CBP imposes on Canadian applicants for admission under the O category.
     
    See: https://ca.usembassy.gov/visas/do-i-need-a-visa/
     
    Canadians only require visas for:
    Immigration
    Treaty Traders (E)
    Nonimmigrant Spouse and dependants (K-3/K-4)
    Nonimmigrant Spouses of LPRs  and dependants(V-1/V-2)
    Nonimmigrant Fiance(e) of USC's and dependants (K-1/K-2)
    Foreign Govt Officials (A)
    Officials of Int Orgs (G)
    Nato Officials (NATO)
     
    Outside of the above categories they may apply for the status they require at the border subject to the requirements of CBP and the INA to be eligible for the status requested.
     
    Imo, OP is fine to change status, and once approved they can re-enter with proof of an approved petition.
  10. Thanks
    Sm1smom got a reaction from SalishSea in Change Status from B1/B2 to O1-A visa [edited title]   
    Your employer receives the notice of decision which they send to you. If the I-129 is approved, you will then use the notice of decision to apply for the relevant O-1 visa at an applicable embassy or consulate outside the US. 
     
    You cannot apply for a visa from within the US. The visa is the document authorizing your admission into the US in whichever status is applicable to the visa you present at the POE. 
     
    p.s. O1 visa is a limited dual intent visa by the way.
  11. Like
    Sm1smom got a reaction from Cathi in Change Status from B1/B2 to O1-A visa [edited title]   
    No! OP absolutely cannot adjust status from B2 to O1. They however may apply to change status from B2 to O1 as described above. Major difference between adjustment of status and change of status.
  12. Like
    Sm1smom got a reaction from Chancy in Change Status from B1/B2 to O1-A visa [edited title]   
    Your employer receives the notice of decision which they send to you. If the I-129 is approved, you will then use the notice of decision to apply for the relevant O-1 visa at an applicable embassy or consulate outside the US. 
     
    You cannot apply for a visa from within the US. The visa is the document authorizing your admission into the US in whichever status is applicable to the visa you present at the POE. 
     
    p.s. O1 visa is a limited dual intent visa by the way.
  13. Like
    Sm1smom got a reaction from SalishSea in Change Status from B1/B2 to O1-A visa [edited title]   
    No! OP absolutely cannot adjust status from B2 to O1. They however may apply to change status from B2 to O1 as described above. Major difference between adjustment of status and change of status.
  14. Like
    Sm1smom got a reaction from Adventine in Change Status from B1/B2 to O1-A visa [edited title]   
    Adjustment of status (AOS) is the process used in applying for a lawful permanent resident status from a temporary non-immigrant status. Change of status (COS) on the other hand is the process of changing from one temporary non-immigrant status to another temporary non-immigrant status. Since both the B2 and O1 are temporary non-immigrant status, moving from one to the other is therefore a change of status (COS).
     
  15. Like
    Sm1smom got a reaction from mushroomspore in Change Status from B1/B2 to O1-A visa [edited title]   
    No! OP absolutely cannot adjust status from B2 to O1. They however may apply to change status from B2 to O1 as described above. Major difference between adjustment of status and change of status.
  16. Like
    Sm1smom got a reaction from Chancy in Change Status from B1/B2 to O1-A visa [edited title]   
    Adjustment of status (AOS) is the process used in applying for a lawful permanent resident status from a temporary non-immigrant status. Change of status (COS) on the other hand is the process of changing from one temporary non-immigrant status to another temporary non-immigrant status. Since both the B2 and O1 are temporary non-immigrant status, moving from one to the other is therefore a change of status (COS).
     
  17. Thanks
    Sm1smom reacted to SusieQQQ in Interview question   
    As an aside, the FAQ about public charge for DV has changed a bit. It used to explicitly give examples including the i134, now it tells applicants to look at DoS guidance on public charge. I’m not sure whether this is intended to be more stringent or not, but it seems to me (from other forums) that reports of i134s being asked for are more prevalent than they were before.
     
    old 
    32. If I am successful in obtaining a visa through the DV program, will the U.S. government assist with my airfare to the United States, provide assistance to locate housing and employment, provide healthcare, or provide any subsidies until I am fully settled?
    No, applicants who obtain a DV visa are not provided any type of assistance such as airfare, housing assistance, or subsidies. If you are selected to apply for a DV visa, before you can be issued a visa, you will be required, before you are issued a visa, to provide evidence that you will not become a public charge in the United States. This evidence may be in the form of a combination of your personal assets, an Affidavit of Support (Form I-134) from a relative or friend residing in the United States, and/or an offer of employment from an employer in the United States.
     
    new
    39. If I receive a visa through the DV program, will the U.S. government pay for my airfare to the United States, help me find housing and employment, and/or provide healthcare or any subsidies until I am fully settled?
    No. The U.S. government will not provide any of these services to you if you receive a visa through the DV program. If you are selected to apply for a DV, before being issued a visa you must demonstrate that you will not become a public charge in the United States. If you are selected and submit a diversity visa application, you should familiarize yourself with the Department of State’s public guidance on how the likelihood of becoming a public charge is assessed and what evidence can be provided to demonstrate that you are not likely to become a public charge.
     
  18. Like
    Sm1smom reacted to SusieQQQ in I have been selected 2023   
    I’ve already told you that there is no such thing as “someone” reading the DS260 and deciding not to give you an interview.

     
     
    I’ve also explained to you that you can unlock and correct the DS260 if it’s still worrying you.

     
     
    i understand you’re worried but it’s somewhere between annoying and disrespectful when I spend my time trying to help people and they ignore what I say. 
  19. Like
    Sm1smom reacted to SusieQQQ in DV 2023 High case number   
    Yes i know it says that but it has no impact on scheduling unless you have a low case number and are likely to get an October interview.  Scheduling is done by case number not by date of submission of DS260.
  20. Like
    Sm1smom reacted to Melc in ESTA to AoS due to same sex marriage   
    Not to derail much further, but the connection is quite self evident. Roe vs wade was considered a settled ruling that provided protections not given by law. 
     
    similarly, prior to a Supreme Court ruling gay marriage provided no federal protections or immigration benefits—even in the cases where it was legal at a state level. 
     
    With a Supreme Court that seems happy to overturn earlier rulings, and in the absence of federally enshrined same sex marriage recognition, their fears seem very real and justified. 
  21. Like
    Sm1smom reacted to SusieQQQ in Green card processing while on B-1 visitor visa   
    So, you’re planning on lying on an official US immigration office application to get a TOURIST extension when your actual plan is to get married? Bad idea. Apart from the repercussions for immigration of misrepresentation, as others have pointed out, if the extension gets rejected (highly likely imo) you will start accusing unlawful presence and your tourist visa will be revoked,
     
    is this person a US citizen or a green card holder, by the way?
  22. Thanks
    Sm1smom got a reaction from Redro in Should I relinquish my green card when moving abroad?   
    You will only be able to renew twice after the initial approval I believe. You’ll get an additional two years for the first renewal and one year for the second renewal for a maximum of five years starting from the first one. 
  23. Confused
    Sm1smom reacted to Pinkrlion in Form I407   
    You can make that statement all you want,  the angrier you get still proves I am right.  What are you going to do when USCIS denies that it was fraud?   You do not have citizenship nor a GC.  So you can ignore what I stated, and focus on that with your attorney.
  24. Confused
    Sm1smom reacted to Pinkrlion in Form I407   
    You can call me names all you want, it only proves that I am right.  When you are going through a divorce, there are a lot of things that go through your mind, and you act impulsely.  I can see that you signed that form cause you were mad and hurt, but when you began to think clearer, changed your mind, but forgot about the form was submitted.     It is easily to forget stuff while going through a divorce.
  25. Like
    Sm1smom got a reaction from Chancy in Do I need a visa to visit my home country as a LPR of the US   
    I’ve noticed the tendency of some members to get hung up on the semantics of you can not apply for a visa for him or her, they need to apply on their own (or something similar to that effect) when it seems obvious (at least to me) the person asking is basically referring to filling out an application on behalf of the loved one who will be the applicant in immigration sense. So I’m not even going into that portion of your above post. 
     
    Again, OP has not stated anywhere on this thread (as far as I can see), anything about applying for a F1 visa, nor did they ask about the chances of a Nigerian visitor’s visa approval (from the Nigerian embassy or it’s designated body) for their spouse and kid in order for them to be able to visit Nigeria. 
     
    My intention is not to put you down, but to point out the obvious. The response you provided to the OP has no relevance to what the OP is asking about. You’re doing a fine job of helping people here, I’ve noticed and do admit that - and I applaud you and anyone else who is consistently spending their valuable time here to help complete strangers with their immigration related questions. I am however pointing out the fact that it doesn’t help when the wrong response is being provided on the basis of an assumption of what the person must be asking or intending to ask about (because we assume they are confused), and not what they actually asked about. 
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