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jxn

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Posts posted by jxn

  1. 4 hours ago, Naey said:

    Hey folks - I wanted to share an update here so that anyone facing a similar problem knows how this worked in our specific case if facing a similar one in the future.

     

    My husband was able to leave the country on his German passport, then successfully submit a passport application using form DS-11 with his Naturalization Certificate as proof of citizenship at the US Embassy in Berlin. He'll receive his passport at the German address we're staying at in about three weeks time.

     

    As other users advise above, I'd encourage you all not to violate a federal statute, especially not if other options work for you. In our case, our Senator said "Can't help you," and there were no emergency or urgent passport appointments available anywhere in the US, even in Hawai'i before my husband and I needed to be in Germany to take care of his father. Still, if you have no other option, it is an option to leave on one passport and apply for your first full passport abroad as a naturalized citizen.

     

    For anyone curious about more detail: The embassy was not thrilled with my husband when he first arrived to his passport application appointment and the first question he was asked was, "So why did you leave the US without a passport? This is not the way to do this." Upon explaining the situation, the case worker gruffly responded that, "Well this isn't a real passport we give you, it's an emergency one-use passport." My husband asked if a real one was possible since he was going to be in Germany taking care of his father for two months and the case worker's mood immediately changed. After that, it was no problem at all and the entire appointment took about ten minutes with a much nicer tone to the conversation. My takeaway is that the case workers do not like having to issue emergency passports to non-passport holders, but are more than willing to issue first passports to citizens outside of the country if they have time to wait for a passport. The case worker quite bluntly acknowledged that the passport situation in the States was absurd.

     

    Hope this helps others in the future!

    Thank you for the detailed information!

  2. On 7/11/2023 at 3:27 PM, EvgeniaM said:

    i saw your question in several threads and i was curious when is your interview an what time? Mine is on July 18 at 3 pm ... bummer i am unlikely to get same day ceremony... :(

    I asked around via private messages and a lot of people responded with their personal stories, which would make me think a 3:00 PM interview time isn't going to have a same-day interview. One person said that the same-day oath ceremonies at the San Francisco location are at 1:00 PM, 2:00 PM, and 3:00 PM, though I am not speaking from experience and just passing on what they told me.

  3. On 7/8/2023 at 12:30 PM, Mike E said:

    Mom is not a U.S. citizen, and her daughter is not an LPR. So no.

    Step dad can file I-130 for his step child to get her an IR-2 visa. However, because he is neither the biological nor adopted father, she will not immediately become a U.S. citizen. At age 14, there is little chance he could adopt her in time for the IR-2 process to let her be a citizen. Mom has barely enough time to get an IR-1 visa, and then become a U.S. citizen 3 years later to convey U.S. citizenship to her daughter.

     

    Given OP has not expressed any desire for his wife and step daughter to live in the U.S., this is a rare case where N-600K works.

    Thank you! This explains a lot.

     

    I think OP would be good to chime in on if he actually had two different marriages or if one of those was a sort of unofficial ceremony. Because that could cause problems if he has two marriage certificates.

     

    Also, is the idea that they would remain living abroad despite having residency in Oklahoma? USCIS will want to see that they are living in the U.S.

  4. I don't know much about this topic but I just want to chime in to ask if formal adoption is even necessary. If your only aim is for her to be eligible for citizenship, doesn't she just need to be physically present in the U.S. and in the custody of her mom, your wife? I was under the impression that whether or not you formally adopt her has no bearing on that, but I leave it to the wisdom of the forum. If you want to do it for sentimental reasons, go ahead and research the possibility, but from an immigration perspective I think as the stepdad you're all set. Curiously following along to see what others say and willing to stand corrected.

  5. On 5/10/2023 at 7:39 PM, pittfiler said:

    Approved on spot at San Francisco. However, we just passed the last oath at 2:30, so we need to come back again another day. 

    Can I ask what time your interview was scheduled for, and if you have any more info about a 2:30 PM cut-off time? I'm trying to learn more about how San Francisco does it and am curious if the same-day oaths are given at specific times in groups, if it's per immigration officer and they just have a hard cut-off, or what. Thank you!

  6. On 1/11/2022 at 3:57 PM, ImmiGeek said:

    What are the Oath timings in a day for SFO office? 

    Are they happening for every 2 or 3 hours in a day? OR once in a day(May be at 10AM)?

    I am just trying to find my chances if I get the same day Oath as my interview is scheduled to be at 10:50 AM at SFO.

    I had few other folks who had interview at before 9 AM got the same day Oath but not sure about the interviews happening after 9 AM.

    Thanks

    Also curious about this. On a related note, is this the only/main San Francisco Field Office thread for N-400? Most other ones are 30+ pages.

  7. On 5/2/2023 at 9:42 PM, jxn said:

    I follow this for a family member and am surprised to see that her online status remains with "Your case is being actively reviewed" from the date of her submission, without even biometrics after nearly four months. How common is that?

    Just a small update that I had the family member log in to her USCIS online account and she found a PDF in the Documents section dated the same day as her online N-400 submission mentioning biometrics reuse. So while she never got the physical letter in the mail, it looks like I was worrying for nothing. It would be nice if the regular case tracking mentioned biometrics reuse but at least now we know. For reference, the online account says there is an estimated six months until case completion, but I guess everyone here says that that part is never accurate, right?

  8. 13 hours ago, OldUser said:

    @jxn looks like you're working with either unexperienced lawyer or somebody who has bad intentions, e.g. making $$$$ on immigrants.

     

    Usually, you would discuss these things during initial consult to ensure that you understand whether lawyer be charging for any RFEs or fix them for free if it was their problem. Many good lawyers would charge one fee to get your application approved and respond to RFEs for free if it was their mistake / something minor.

    Lawyers usually charge fees for attending the interview.

     

    Did you check, whether your lawyer is listed on American Bar Association website?

     

    Here is the link:

     

    https://www.americanbar.org/groups/legal_services/flh-home/flh-bar-directories-and-lawyer-finders/

     

    You first select the state, and then search lawyer by name.

     

    If the lawyer cannot be found, ask them which state they passed the bar exam. Of they don't give you their bar number or you can't find them using the website above - that's a bad sign. In this case, ask for copy of your application and everything submitted. Once you get copies, ask for refund since they did a poor job. Look for a good lawyer, listed on that website and transfer your case to them.

     

    Thanks for the info—I will ask for a copy of the original agreement to see what it said. The lawyer indeed passed the local state bar exam.

  9. A follow-up to let you know that they decided to pay the lawyer the cost to prepare the RFE response. Then, a few weeks ago, there was an RFE on his I-485 (requesting documents related to his F-1 status) and another RFE on his I-130 (proof of the good faith relationship). And again they are asking for $1,000.

     

    To me this strikes me as a reach since presumably a well-prepared application would have these things front-loaded and the RFEs demonstrate the gaps in the lawyer's initial application preparation. I am encouraging them to ask the lawyers to prepare the RFE responses for free for this reason, but since I had this thread up from the first RFE I wanted to get the forum's opinion on how common this is among law firms and get a sanity check if it's crazy to be requesting money (or at least, this much money).

  10. Hopefully my question is straightforward—a family member is keeping me up to date on her husband's case, who just received EAD approval (the card should be arriving in a week or so, I suppose) and Advance Parole approval. This is my first time seeing an I-512L Advance Parole form, and when I search the forum a lot of the posts are over ten years old. Am I wrong in thinking that a lot of approved I-131 cases are simply rolled into the "combo card" where the recipient doesn't get a separate Advance Parole document?

     

    For what it's worth, checking his cases, the EAD was approved on February 22nd, and the tracking said the card was produced today on February 28th. On the AP side, it says it was approved on February 23rd and produced on the 24th. Is this a case of strange timing where they were considered separately? If the AP had been approved before the EAD, does that mean it would have resulted in a combo card? He is still waiting for the EAD in the mail, but seeing that the AP paper arrived in the mail it seems like there would be no point in USCIS issuing that if they know they were about to issue the EAD a few days later.

     

    Also, he has a single copy of the I-512L Advance Parole form and I see old forum posts referencing that there should be two originals. Is there a problem or should there be a single?

     

    Finally, if the EAD that arrives in a few days says "Not valid for re-entry to the U.S." at the bottom but he has the just-received AP document, he can take those two items along with his foreign passport to leave the U.S. and then re-enter, right? Does it have to be an emergency or can it be for any reason? Thank you!

     

    Edit: Adding here that after googling around I have come to understand that in or around 2022, USCIS started decoupling the work permit and advance parole applications to speed along processing and therefore no longer issue combo cards, which answers all of my questions except if there are supposed to be one or two originals of the Advance Parole document. Leaving this up for reference and hoping someone can let me know if there is indeed only supposed to be one I-512L included in the mailing.

  11. I casually help friends with immigration-related questions and my friend (green card holder) and her husband (applying for AoS on the basis of the spouse of an LPR). The application just got an RFE from USCIS saying that his wife doesn’t make 125% of the poverty level and they need a co-sponsor. She is pulling out the documents they filed with and unless I misunderstood something she makes more than double that amount.

     

    I have asked her to clarify what income/taxes she submitted with his application when they submitted it in late 2021 (so presumably her 2020 taxes), but regardless the lawyers they used are asking for a lot of money to draft a response and I can’t find logic in needing to pay for this. Either she made enough money when they originally submitted and USCIS committed an error, at which point it should be so easy for the lawyer to resend the evidence they already have on file with a boilerplate letter, OR the lawyers themselves messed up if she didn’t make enough money and they didn’t tell them to get a co-sponsor before filing.

     

    They want nearly a thousand dollars to begin drafting a response and I want just a bit of context so I can encourage this sweet couple to advocate for themselves in the most accurate and appropriate way possible since I think this RFE would or should fall under the umbrella of his AoS application and not incur a large cost.

     

    Thanks for any advice!

  12. 9 hours ago, Scandi said:

    Make sure that she moves within the same USCIS field office jurisdiction before making any plans. Just because it's the same city doesn't automatically mean it's the same field office, which COULD become an issue. Los Angeles for instance has three field offices - two in downtown (in the same building even) and one outside downtown. This is not the case for most cities of course, but we don't know the city your fiend lives in - so it's just a heads up. 

    Thanks for the info! I went ahead and checked the old and new zip codes and it's the same field office. Good to know that some big cities have multiple ones!

  13. Thanks for the feedback! I think I will indeed go ahead and recommend that.

     

    Does the applicant need to submit a local state ID / driver license with part of the application or does the scan of the green card suffice? I ask because that will be a whole additional step to get the new ID after moving that could add more time. Obviously it would all be ready by the time of any interview (even by biometrics).

  14. I'm helping someone fill in her N-400. She will be moving in less than a month within the same city, so no change of USCIS area. Does a move like that impact processing times at all? If it is simpler I could suggest waiting.

     

    Also, it's been a while since I've dealt with USCIS-related things. I know that the N-400 can now be filed fully online. Does that extend to the AR-11 change of address form too? Thanks!

  15. 12 hours ago, Mike E said:

    Washington State does not issue REAL ID.  

    I guess it's a bit nuanced. All states now issue REAL ID-compliant driver licenses and non-driver IDs. From what I read, the Washington state offers an "enhanced driver license (EDL) or enhanced ID card (EID)," and the "EDL/EID is also an acceptable REAL ID document to use for air travel within the United States." What's strange to me is that unlike many states, the wording suggests that it is only for U.S. citizens. Happy to learn more if I might be mistaken in any of this.

  16. I may be confused but a lot of responses seem to be missing the fact that the person asking this question is curious about his children's children. His children are natural-born citizens—Americans born abroad but no different from Americans born in the U.S.

     

    In regards to their future children, there is no single answer because it depends on a few circumstances. If their future children are born in the U.S., they will be U.S. citizens. If your kids grow up and have a family, if the other parent of your grandchild is not American, and their child is born abroad, there will be a residency requirement for your child for his or her child to be a citizen at birth. See below, taken from this page.

    INA Section

    Status of Parents Residence or Physical Presence Requirements Child is a U.S. Citizen

    301(g)

    One parent is a U.S. citizen; other parent is a noncitizen

    U.S. citizen parent was physically present in United States or its outlying possessions for at least 5 years (2 after age 14) prior to child’s birth

    At Birth

     

    If their child is born abroad but the other parent is also a U.S., citizen, the following applies:

    INA Section

    Status of Parents

    Residence or Physical Presence Requirements

    Child is a U.S. Citizen

    301(c)

    Both parents are U.S. citizens

    At least one U.S. citizen parent has resided in the United States or outlying possession prior to child’s birth

    At Birth

     

    I admit I don't know how long the residence in the U.S. prior to the child's birth needs to be.

     

    I invite others to expand but hopefully this is a brief look at information that directly addresses your scenario.

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