jostermacedo

1 hour ago, Family said:

It does not matter. Only point worth  clarifying is that OP cannot “ decide “ between waivers . ..or have other potential inadmissibility ( criminal record, public charge issue example) 
 

I'm reading and learning. Someone said that the process would be fairly straightforward assuming the only issue was the overstaying. How about working or claiming US Citizenship in job applications? Would this impact in any way the process going forward?

On 11/9/2023 at 10:07 PM, xendron said:

My parent had filed an I-140 in Sept 2019 and included me as a dependent, under EB 5 category, I was 20 Years 9 months at the time, and my application was approved in June 2023. My Filing dates were current already, but not the Final Action dates, and I received a letter from NVC only with my parent's name. Am I eligible for CSPA, based on the February 2023 guidance from USCIS? Please help.

I-140 form for an EB-5 Visa? I applied for a EB-5 and the form submitted was the I-526. Are you sure the visa category was really the EB-5?

Joster

On 9/27/2023 at 9:42 AM, melbr said:

Dear community

 

I have lived in the USA for 5 years, I came here to study English at first. And for 2 years I have had a GC that I got through my mother's husband

 

My dream has always been to go to medical school, but because of the high costs, costs of education and life in America, since I got my green card, I have worked as a nanny. I have nothing against this type of work but I wanted something more for myself.

 

I am having the opportunity to study medicine in South America, where I will receive the study completely free of charge as my grandparents will pay for it. The problem is that a medical course lasts 6 years

 

Is there any way for me to study in Brazil for 6 years without losing my green card?

 

My whole life is in the USA but I have read that it is not allowed to stay abroad for more than 6 months with the GC. Would you have any suggestions?

 

I will not be able to apply for citizenship in less than 3 years.

 

My plan is to study in Brazil and then return to America to do my medical residency and work here. Any suggestions on how to make this happen without harm my GC

melbr,

we immigrated to the US in 2015 from Brazil. My wife has a dentistry degree from there and for her to work in the US as a dentist she would have to go back to school again, pass the dental examination test and do a residency. Going back to school would involve taking undergrad courses she didn't originally take in Brazil. Based on our calculations we would have to spend more than $250K.

Before you make the decision to get your medical degree in Brazil, make sure your plan to work in the US in the future is viable. It might be different for medical doctors compared to dentists, but I doubt it. At the end, it might be cheaper to get the degree in the US.

Joster

51 minutes ago, juliagus said:

Hi everyone. Our standalone I-130 was approved a few days ago and we're getting started on collecting the civil documents for the NVC part of things. When I go to the website to see what civil documents my husband will need to gather, we find that the link is broken and we can't see the examples of the Brazilian Civil Documents. I was wondering if someone knows of a website outlining everything we will need or if you personally have gone through it and could point us in the right direction. It's mainly the police, court, prison and military records that we need help with. He was never convicted of a crime, never been to prison, he was dismissed from military duty and all that jazz. 

Hi Juliagus,

here is the link: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Brazil.html

Keep in mind that if the Brazilian immigrant lived in more than one state in the past 5 years, you'll need to provide the Antecedentes Criminais for each state. In order to get these, it will be required to have a Carteira de Identidade issued by that state. 

Joster

8 hours ago, Mike E said:

As a naturalized U.S. citizen, I can assure you, that you will never be a first class person in this country compared to a citizen born here.
 

We are not treated the same.

 

Hopefully there are greater opportunities here for you that make this permanent class division tolerable to you.

My experience is very different from yours. At least here in Buffalo/NY I never had a bad experience by being an immigrant. Actually, people are genuine curious about my background and immigration history. 

On 5/14/2023 at 12:37 AM, Cathi said:

You cannot work while here with a b2 visa. It's for visiting, not working. Period.

A B1 visa is for business: visit to attend business meetings, presentations and seminars is fine.

To the OP: I had a case like this with an employee that was rejected for a B1/B2 visa when he was working for the company just for a short period. We tried a couple years later and his visa was approved. A letter from your company saying that they are paying for everything and detailing the purpose of the trip might be helpful.

Joster

18 hours ago, Lizzie123 said:

Same day oath is priority - I've just seen posts stating that taking a spouse's last name doesn't constitute a legal name change so wanted to know if both could be done that same day.

Check with USCIS during interview if the name change will delay the oath ceremory. When my wife changed her name during her N-400 interview, she received the Naturalization Certificate at the end of the interview with the new name. The court document was sent later by mail. USCIS Buffalo/NY.

On 1/5/2023 at 6:32 AM, Neonred said:

My wife changed her name when she naturalized.  Didn't have to pay anything extra or go through an additional process, but it did add a few weeks as the oath ceremony had to be done at the federal court.  In our case we had to go to Ft. Lauderdale.  Back then there was no USCIS office in Ft. Myers.  For us it was Miami.  Anywhere north of Naples in SW FL went to Tampa.

Duplicated post.

57 minutes ago, Bill Oxner said:

I was more concerned about it being worth my time since I only travel outside USA a few times per year

 

Is it really that much of a convience

 

Is it fairly easy process?  I haven't traveled outside of USA since July.

If you live close to an interview location is very straightforward to get. You apply online and then go for a 10-minute interview/biometrics. When you return to the US you go to a face recognition machine (where they have these) and it takes 30 seconds to go through (assuming you're not selected for secondary inspection). If you ever cross the border with Canada, you can use Nexus line when entering the US (but not going to Canada). And, as OldUser said above, you also get TSA Prev, which is a good thing for Domestic air travel.

2 hours ago, Bill Oxner said:

Those with Global Entry do you find it worth having?

 

One of my credit cards offers it as perk, but I only leave USA like 3 times per year. 

If the fee is being paid by you CC, why not get it? Specially if you live close to one of the CBP offices.

11 hours ago, GordonSand said:

They still have not received their Letter that shows approval. I will check if they have the I-551 stamp.  

So, if either the conditional GC is valid, or if it's expired but they have the I-829 receipt notice that extended the GC validity (and it's still unexpired), or if they have an unexpired I-551 stamp, they would have valid documentation to board a flight to the US. If they return to the US, CBP might question why they spent so much time outside the US, but I don't believe they can deny entry. They might issue a NTA, and unless they sign a I-407, only an immigration judge can remove their status.

6 hours ago, HopefulAus said:

Thanks for all the replies. I will keep trying to contact the airline to see if they can help me to decide which step to take next. It's looking like the boarding foil may be the best option for me.

 

Seems so surreal that the country I've been living in, paying state and federal taxes (and social security) for more than 4 years with my employer there (who is expecting me back at work in March), paying a mortgage on a house in my and my husband's names, paying off car loans and receiving unemployment benefits during seasonal layoffs, has given me explicit permission to return to the country and yet the country I'm departing from is in a position the deny my entry.

I travelled a few times with the I-551 stamp. Never had an issue. Once from Brazil and the second time from China. The airline employee looked at the stamp and just asked me if it was a temporary green card. As Lemonslice mentioned above, the stamp is listed as a valid document on the CBP guide for carriers.

On 2/8/2023 at 7:05 PM, Muri said:

Hi, 

We will go to an accountant in march, we couldn't get an earlier appointment, that's why I'm asking here in advance what is more convenient since I'm talking with my employer to receive all my base salary without deductions, that way I can just declare in USA next year. 

Now I have to declare last year, since I arrived in april. Declare here and in my country.

I guess I have to see. I usually get money back in my country, but I'm scare of taxes in the USA 😅

 

 

I don't know if the US has any tax treaties with Chile which my impact how you declare and how much you have to pay.

Since 2015 I have been using a CPA firm that specializes in international tax issues. Take a look at: About Online Taxman - Expat Tax Services - Secure - Online

Besides being a customer I have no other links with them.

Joster

On 2/1/2023 at 11:40 PM, GordonSand said:

Hi All,  My inlaws are in almost the same "pickle" but they had already filed their I-829 but had not received the reply before the US Gov shut down/delayed for covid.  They have been out of the country slightly more than a year but due to the latest extension news  23 Jan, they should still be valid.   What does the hive-mind think is the next step?

So, was the I-829 approved? If so, they should have received their 10-year GCs. If not, do they have an I-551 stamp or the expired conditional GC and the extension letter?

29 minutes ago, JeanneAdil said:

I am a 21-year-old female, an Armenian citizen

 

 

USC doesn't need a tourist visa to come home

She is Armenian, not American.

3 minutes ago, lntdenver said:

Wow. That seems a little harsh for just coming to visit her daughter and son in law after 3 years. And to meet her first and only grandchild. 

Keyword to use is "visit" and "meet" her grandchild. Don't use the word "help".

On 1/12/2023 at 12:54 AM, JCG1121 said:

I had my N-400 and I-751 duo interview /test with USCIS yesterday and got approved. The Aoth ceremony was scheduled for 1/19. The issue is that I wanted to have this done without any delay so when the officer asked if I wanted to change my name, I said no. Now that I found out the process to change name in Arizona may take up to 2 months with several steps, I wonder if there is a way for me to request USCIS to change my name. I would appreciate any input you may have for this matter? Thank you!

Changing the name during the N-400 causes delay on the process? If it does this is USCIS office specific. My wife changed hers during her interview last year and she got her naturalization certificate with the new name at the end of the interview. The court document arrived a few days later by mail. USCIS Buffalo Office.

On 11/5/2022 at 5:43 AM, MandKF said:

My husband will be moving to the US on a Ir1 visa and there’s a possibility for him to transfer positions in his company (Sweden to NC). Is there any formula on how we could calculate his new salary or what he should ask for? Someone told me to times by 2.5? Does that sound right? He’s an engineer so he should have a pretty big pay bump hopefully 🤞

In my opinion this should be handled as a negotiation. Who started the transfer? The company asked him to move or did he ask the company? How long is he working for the company and what role? Will his cost be accounted in the Sweden division or in the NC division? If his cost will be "paid" by the US side of the business he will probably be limited to their pay ranges to avoid equity issues, but you never know. Ask as much as you think they are willing to pay.

2 hours ago, lntdenver said:

Hi everyone,

I have been a U.S. Citizen for a couple years now, and am pregnant with my first child due in March.  
This will be the first grandchild on my side of the family and my mom was planning on coming to help and meet her grandchild in May or June 2023. She lives in Brazil, had a visitor visa and was here visiting in January 2019. 
It turns out her visitor visa expired in November 2022 and the earliest she could schedule the interview is June 2024 where she lives, or if traveling to another city for consulate, October 2023. 

is there any way to expedite, get the visa sooner or apply for some kind of extension since she did have a valid one until recently? 
is it allowed to apply for the visa in a different country other than your home country? 

Are you sure it takes that long to get her visa renewed? If she fulfills the following conditions, she can renew her visa without an interview:

To qualify for renewal, you must meet the following conditions:

• Be a Brazilian citizen or permanent resident currently in Brazil;
• Have a valid U.S. visa or one that expired within the last 48 months;
• Your previous visa was not lost, stolen, cancelled, or revoked;
• You were not refused on your last U.S. visa application;
• You have never been arrested or convicted of a crime; deported from or denied entry to the United States.

More info on Nonimmigrant Visas - U.S. Embassy & Consulates in Brazil (usembassy.gov) and click on the Renew a Visa section.

Joster

4 minutes ago, jostermacedo said:

The IO went through the N-400 questionnaire one question at a time. They did ask if I had filed taxes in the last 5 years. Answered yes and she moved to the next question. I'm pretty sure they know about your tax filling history before the interview.

Coming from the EB-5 I believe the N-400 is easier than for those cases where people are naturalizing based of a family visa/GC. The tough part of the EB-5 process was during the I-829 petition.

Just a follow-up. Since my wife was travelling when I did my N-400 interview, she did hers a month later. It was even smoother. The IO that did her interview was a higher ranking IO and he mentioned to her that her N-400 was very simple. They talked more about family stories than about anything else. She decided to change her name and even with that she got her certificate at the end of the interview.

Just now, ImmigrantKrish said:

Congrats...

 

Did the IO ask about taxes or asked to see them at any time during the interview?

 

My intention was to provide beforehand so they dont need to go thru during the interview. I know its their prerogative if they choose to do so.

The IO went through the N-400 questionnaire one question at a time. They did ask if I had filed taxes in the last 5 years. Answered yes and she moved to the next question. I'm pretty sure they know about your tax filling history before the interview.

Coming from the EB-5 I believe the N-400 is easier than for those cases where people are naturalizing based of a family visa/GC. The tough part of the EB-5 process was during the I-829 petition.

On 1/9/2023 at 3:33 PM, ImmigrantKrish said:

I went online and uploaded the last 4 years of IRS transcripts and 2018 Tax returns (IRS only gives last 4 years).

I have also printed them as my wife took to her interview and they didn't ask her anything. I will take those with me for my interview.

I had my N-400 interview on July/2022. I, like you, immigrated through the EB-5. I did not upload my tax transcripts, but I had them printed and ready during interview. The whole interview was super simple and straightforward. I received the certificate at the end of the interview. By the way, they never asked for any of the documents I had with me.

1 hour ago, Carlos.Brazil said:

Exactly! I was speaking to a friend a few days ago, she said she went to the dentist and they sent her to a specialist which wanted to charge $17,000 USD for a lot of stuff she didn't even need. She ended up going to Brazil for the holidays and decided to go to the dentist there. They took care of her for $300!😵

I second that! It’s cheaper to go to Brazil for dental care, including the cost of airfare. Not to mention that the quality of service is better there.

On 1/4/2023 at 5:34 PM, Seven said:

Thank you for the insight. Talking to USCIS agents is so frustrating. They are ambiguous, do not know the latest information, and I end up more confused than how I began...

 

Also, does the name situation you suggest happen a lot? My understanding is that you could change your name to whatever you wanted within reason during the N-400 processing instead of double paying the N-400 and change of name. I mean I honestly just want my true legal name back. It is the name in my passport and birth certificate after all. Same name that appears in other names used. So confusing.

My wife changed her name during her N-400 interview. She got her Naturalization certificate at the end of the interview. The court document with the name change arrived a few days later. The process was very smooth. USCIS Buffalo Office.

2 minutes ago, Sabela said:

Thank you, @jostermacedoand @powerpuff.   I am quite mad and frustrated. I did share with them the USCIS links saying that the visa with the I-551 stamp is a valid acceptable document, but they just sent me this again:

 

"I understand what you are saying about the passport, however like I mentioned before our office will need some document stating that you are obtaining a green card. The passport will not work for this. If you need further assistance, I can have my supervisor reach out in the New Year."

 

I am clueless on what else to say / do, because they are clearly reluctant to accept "only" documents from List B and C (or A, for that matter, as I am seeing), they need that document stating that I'll be obtaining a green card.... And, as far as I know, that does not exist or I do not have one for me.

I don't know what additional advice to give you. The official documents are clear as they show as a valid A document what you gave them. It seems talking to these HR people is like playing chess with a pigeon. They are not going to learn the rules of the game.