JER2020

On 1/10/2023 at 6:34 PM, Family said:

Simply put , if you are adjusting through a family based petition, and not through the listed exempt categories ( like VAWA, asylum…etc.), then the answer is YES on 61 .to acknowledge your filing category is subject to the rule. 
You then have an opportunity to answer if you have ever used public benefits and of course, that will be NO for almost everyone filing. 

https://cliniclegal.org/resources/public-charge-related-questions-form-i-485

Question 61 asks whether the applicant is subject to the public charge ground of inadmissibility. The adjustment of status applicants who are exempted from the public charge ground of inadmissibility are listed in 8 CFR § 212.23(a).

 

I agree, not sure why so many are misinterpreting the question when it is very clear in the instructions. 

The answer should be YES and then as you said, answer NO to having used public benefits. Here I also added supporting evidence of the applicant have a college degree to establish a profile that is convincing to the USCIS officer in understanding they are not likely to become a public charge. This is like the medical exam, all applicants are subject, I'm sure there's exception, but its the same logic. You are ultimately trying to establish that you will be a contribution to the economy and not a burden, that is the entire purpose of the I-864 and it has to be interpreted in that context. I'm sure for everyone submitting with NO and still being accepted, is just some flexibility by USCIS because of the confusion around interpretation.

B. Applicants for Adjustment of Status

Unless they are specifically exempt from the public charge ground of inadmissibility, the public charge ground of inadmissibility will generally apply to all applicants for adjustment of status, including, but not limited to:

• Family-based applicants;

• Employment-based applicants; and

• Diversity visa applicants.

https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3

I do not agree with answering no, it's a misinterpretation of the question. All the form is asking is, are you subject to it, and the only way you wouldn't be subject is if you are exempt.

B. Applicants for Adjustment of Status

Unless they are specifically exempt from the public charge ground of inadmissibility, the public charge ground of inadmissibility will generally apply to all applicants for adjustment of status, including, but not limited to:

• Family-based applicants;

• Employment-based applicants; and

• Diversity visa applicants.

On 12/13/2022 at 9:19 AM, JER2020 said:

My mom also received SSN today but not the EAD yet, status was Card Was Produced on December 10th so hoping it comes in the mail soon.

SSN in the mail on 12/13
EAD Picked up by USPS 12/13 - Expected Delivery 12/15

My mom also received SSN today but not the EAD yet, status was Card Was Produced on December 10th so hoping it comes in the mail soon.

20 hours ago, allthegravy said:

Lurker here finally saying hello   Just want to mention this forum has been super informative through my AOS process! 

 

Concurrent filing for I-465, I-130, I-765, I-131 - sent to Chicago lockbox (where my lawyer is located)

Filed on Nov 3

NOA on Nov 4

Biometrics scheduled for Dec 5

Status for I-465 & I-765 changed to Case is being actively reviewed after my bio appt

Status for I-765 changed to Card is being produced on Dec 6

 

So far it's moving along pretty smoothly. Hopefully it'll stay that way 🙏

How long from Card is being produced to receiving your EAD in the mail?

7 minutes ago, Nylar said:

Well it is worth a go, thanks for answering my questions. 🙇‍♂️

Yeah no problem!

1 minute ago, Nylar said:

Did they request any proof?

No nothing, just provided that reason on the chat, email phone number and thats it.

5 minutes ago, Nylar said:

Interesting, what reason did you give?

Only said the truth, my mom's situation changed and she was experiencing increasing financial hardship. Thats it.

On 12/2/2022 at 11:05 AM, Nylar said:

Not getting that same/next day approval for EAD a few other people have had has me assuming that I am in it for the long haul. 😞

Did you try the expedite request through Emma? I did request it on 12/2 and received EAD approval on 12/6 (Card Being Produced).

6 hours ago, sourumeboshi said:

This is so frustrating seeing everyone else get their biometrics appointments and I'm still waiting! Not that I'm not happy for you all. Just feeling a bit down. 

Also, I should point out that my I-130 for my mom had a priority date of Jan 7, 2022 so probably that caused the biometrics to be scheduled sooner. I filed the AOS packet with the I-130 receipt and the I-485 now shows PD 01/07/2022 so that's why its moving faster my friend. Hang in there, have faith it'll all happen at the right time. 

6 hours ago, sourumeboshi said:

This is so frustrating seeing everyone else get their biometrics appointments and I'm still waiting! Not that I'm not happy for you all. Just feeling a bit down. 

Are you able to submit an expedite request or call to ask why the delay? 

15 hours ago, JER2020 said:

Biometrics appointment scheduled on 11/26 for 12/12.

Case received on 11/16

Walk-in biometrics done in Charlotte, NC.

Biometrics appointment scheduled on 11/26 for 12/12.

Case received on 11/16

Question regarding USCIS Access code. Did you guys request one code per form? I need one for 485, 765, 131. I already requested one but before I did the other two I was wondering if that's necessary or one will work to import all cases.

2 hours ago, JER2020 said:

I also filed AOS for a parent. I could not find a thread for it.

 

It was received at Chicago Lockbox on 11/16, waiting on NOAs

I just received the three texts from USCIS for (I-485, I-131, I-765). 

On 11/12/2022 at 11:15 AM, BB Family said:

Good morning everyone! I just recently became a citizen and am now filing AOS for my mom. (I130/I485 concurrently). She was here on a tourist visa when I was scheduled for my interview and conducted my oath before she had to leave. So now we’re filing AOS for her 😁. 
I filed i130 online, received the reciept notice same day, and now We will be mailing her i485/i765/i131 with supporting documents on Monday. 
 

I know the majority of everyone here is probably filing for their spouse, and not a parent,  but I hope we all have a smooth process and a quick approval for those we’ve filed for. 

Did you find another thread? Would be interested to follow your process as I also am filing AOS for my mom.

I also filed AOS for a parent. I could not find a thread for it.

It was received at Chicago Lockbox on 11/16, waiting on NOAs

4/28 - Submitted at USPS Standard Processing

5/25 - Approved and Shipped

5/28 - Received - Old Gen Passport

Locator 34

Such a bummer getting the old gen, stuck with it now for 10 years and I'm not sure what happened with how this one was printed but my face looks orange lol it really doesn't look like a passport picture, something is really wrong with it but I guess not much I can do.

On 3/25/2022 at 9:10 AM, humming bird said:

Application in usps (standard processing for everything)-02/18

Approved- 03/25

Expected delivery -03/29

 

Locator number starts with 34

Did you receive the Next Gen passport or old version? Trying to see if there is a pattern for standard processing, locator 34. Thanks

On 3/19/2022 at 11:28 AM, George & Roth said:

3/19 - Passport received. 
 

Much faster than we thought. Awaiting Naturalization certificate return. 

Did you get the new gen passport? Trying to find if there is a pattern for locator 34 and routine service.

On 7/8/2021 at 8:22 AM, NYBEtt said:

 Yes lots of us have US passport agencies give you same-day passports and I discuss how you can make an appointment (with proof-of-travel)  in the Passports sub-forum:

 

Awesome. This gives me hope 

On average, how long is it taking to get interviews after doing biometrics. Not reuse though, after new biometrics being taken? 

Hello everyone. Still waiting for my interview to be scheduled, had my biometrics done a month ago in Charlotte, NC.

I am a bit concerned about upcoming travels starting in September. As long as I have a GC, I don't have any problems and am able to travel. Problem will be after my oath ceremony where I will have to turn it in. Passport applications, even expedited ones are taking close to 12 weeks from what I heard due to backlog. That would leave me at least 3 months without being able to leave the country. Hopefully its not the case.

Has anyone else thought about this?

26 minutes ago, Timona said:

 

I would not fret. The best thing is you went for the N400 interview. I would not even concern myself with the 10 year GC at this time. 

What do you mean your wife needed a GC to secure employment? She can use the expired GC + extension letter. The extension letter extends expired GC by 18 months. My employer had no issues with it.

 

 

So you are saying your appointment was 7/2/2021 but you walked in and was able to do it 4 weeks earlier?

 

 

We had an era 4 months or so ago where it was always being messed up. I fixed it numerous times during that period. You may have last visited it long ago before that era. We had called people to come and fix. Just go ahead and fix your data. We have not had anyone mess it since 4 months ago. So we are good now

 

Yes that is correct. You have to make sure you go at a time when it will not be busy, they open at 6AM and I was there first thing in the morning and they took me in but they did explain that had they been busy they would've said no and I had to come back another day and try.

Walked in today and got my biometrics done earlier. Status on my account changed to Case Is Being Actively Reviewed By USCIS.

I tried to update the google sheet but its all jacked up, my line has all the wrong information. I am 5YR, field office is Greer SC and filed 7/18/20, had not had an update since then.

Saturday 6/5 I received my Biometrics appointment on my account. Received the email from no-reply@uscis.dhs.gov with "We have taken an action on your case and it needs your attention".  Appointment is for 7/2/2021.