llcoolmg

17 hours ago, JasonPII said:

Hello everyone,

 

I was at my California DMV recently and long story short I found out that they registered me to vote when I renewed my driver license (I still have the application and I marked NO to US citizen question).

As you can imagine, I freaked out greatly upon learning about this news.

 

Then I contacted the Secretary of State and my county voter registration to check, both said that I am NOT at all registered.

 

So knowing my situation (registered to vote with DMV despite saying that I'm not USC, but SOS and county have no record of me in their databases), how do I answer these two questions in the N-400?

 

1. Have you ever claimed to be a USC? 

2. Have you ever registered to vote in any....? 

 

Do I go with what the DMV say or with what SOS/my county have in their database?

This is a Section 237 issue. Section 237 deals with deportable offenses, so obviously very serious. 

Bottom line, from the facts, -you- did not register to vote. There is a distinction between accidently being registered due to a clerical mistake and -you- knowingly registering.

Good luck on your journey! 

On 11/3/2019 at 7:31 AM, Emil0 said:

Gratz, did it update on uscis web too? How long did It take from update on web to arrive home? I'm checking everyday their web

There was an update. I didn't check it, but I think my wife said, that she got an email stating that her card was being printed. Then about a week later it arrived in the mail. 

4 minutes ago, Cryssiekins said:

Congratulations!  That’s so exciting   I can’t wait to see more of these rolling in soon  

Thank you! I hope more start rolling in too.

And thank you to this forum and website. Truly a great resource. If anyone has general questions, just send me a message. My background is tort litigation (breach of contract, tortious interference, negligence) but I have a very very basic understanding of immigration law.  

Since nobody gave me their thoughts I researched the topic some more on my own. My conclusion was that jurisdiction does not matter on AOS cases and it is up to the local officer if he or she wishes to adjudicate the case locally or send it to the new field office. There may be some confusion on this issue because nn N-400 cases, jurisdiction does matter and the officer does not have discretion on the matter.

Anyways, my wife and I flew down to Houston over the weekend and we had our interview on Monday. We explained that we lived in Chicago, however this seemed to be a non issue for the Houston officer and the interview proceeded as planned. Whole interview took 15 minutes and my wife's application was approved. The officer was very professional and the new USCIS location in Houston was a massive upgrade over the old facility.

2 minutes ago, cdneh said:

She needs to get off the voters list. She must do. This is no time to lie low and hope for the best.  It isn't luck, it's the law. And there isn't anything a lawyer can do about it.

@Sara1990 please do not listen to this rubbish. This is no longer a DIY immigration project. Deportation is very likely, almost certain. That is actually not my main concern. My main concern is not federal detention and deportation but instead State jail time for violating state law. Please hire a criminal defense attorney to get proper legal advice. 

4 hours ago, Sara1990 said:

do you think I should consult with the attorney first before deregister my name ?

3 hours ago, NuestraUnion said:

 

You should remove your name regardless.

1 hour ago, geowrian said:

Yes, it would be best to unregister.

1 hour ago, cdneh said:

 Unregister, and do not apply for naturalization.

4 hours ago, f f said:

first thing is get unregistered to vote.

 

I had forgotten how much bad advice there is in this forum.

@Sara1990, No, please do not try to "unregister" to vote what ever that means. In most states the only way to be removed from your states voter roll is if you move to another state and register in the new state or if you die and your current state matches the death certificate with the voter roll. Outside of that the process depends on the state but regardless of the state it would require going to a courthouse and or signing an affidavit. Not good in this legal climate. So yes absolutely speak to not just a immigration attorney but a criminal defense attorney because in this climate, non-citizens who are caught voting are not just getting deported but are serving serious time. Sorry about your luck but speak with legal professional asap.

I have searched similar threads and generally the advice is that even if you go to the interview (in the old state), it is pointless because the first thing the IO asks is where are you currently living, in order to establish the proper jurisdiction. However maybe my case is different?

Facts:

March 2016 I filed for an AOS for my wife in Houston (I am the US citizen). A couple of months later my wife receives her EAD card. In July 2016 she is offered a job in Chicago. She works as a doctor/scientist and so when the opportunity to work at Northwestern Medical School came up, we decided to accept it and move up north. We transferred everything. We did the change of address online. We confirmed over the phone, we even made a couple of info passes at the Chicago field office to confirm that new address was correct. Every time we spoke to someone they assured us that the new correct address is on file. Today we received our long awaited interview appointment letter, however it was marked with our old Texas address and it was asking us to show up in Houston for the interview!

Here is the thing, we found out a couple of weeks ago that my wife is pregnant :-) So we were actually planning on returning to Houston before the end of the year anyways to live closer to my mom so she could help with babysitting, etc. Here is my question...If we move back to Houston before the interview should we be okay, jurisdiction wise?

The alternative is to complain to USCIS and make sure they correct everything (but considering they have already messed up why should we trust them?) and wait for a new Chicago appointment letter. My worst fear is that they tell me sorry for the mixup we will correct it and get you a new interview date in Chicago shortly. Then surprise we get a letter saying your case has been abandoned because you did not show up to your Houston appointment. With a baby on the way, we just don't want any added stress of anymore USCIS mixups and possible case denial letters. Maybe packing up and moving back before the interview is the right way to go?

What are your thoughts?

4 minutes ago, Transborderwife said:

LPR's are visitors now?

 

also say you're a family of 4, went on a cruise to oh let's say Mexico.  Where do you go now?  Your kids who are supposed to be in school?  Your apartment that you pay for monthly?  Then what?

Research scholars are. Which is what the Iranian visitor the nytimes is crying about, likely is. So far the only job affected.

21 minutes ago, Transborderwife said:

Temporary or not, the flag is in the system.  What's to say that it doesn't get extended?  People will likely lose jobs because of this.  Then what?  Is the government going to look after that for them?

The whole point is to extend it. But to extend it into a more formal permanent vetting process, which Trump has described as "extreme vetting". People may lose their jobs, but does the US government owe visitors guaranteed employment or something?

My two cents.

The ban is temporary. The ban is not actually a Muslim ban as the liberal media describes it because there are many Muslim countries not included in the ban. Regarding green card holders, gc holders will be reviewed on a case by case basis. Remember, there are green card holders who serve in the military. But I think this is the biggest potential concern because although the customs and border patrol agent will likely allow a military green card holder to enter, however it doesn't matter if he/she never makes it to the agent, meaning if the transportation carrier never even lets a green card holder board at the point of origin, then its a de facto green card holder ban as well.

Depends what your status was on December 31, 2015. Seems like you were still a F1 then. so you file accordingly.

Also, if you weren't married any day of 2015 then you would file as Single.

Where is he now? Were you able to bond him out? or is there an immigration hold on him and he's still detained? Seems like properly disposing the OWI (operating while intoxicated?) is the top priority.

_{Thanks Hypnos. That's what I thought. just making sure. :-)}

Question regarding my wife's current J1 status now that we have submitted the AOS (march 2016). Her J1 is still valid for several months.

My question is does her J1 lawful status end and her period of authorized stay begin the moment USCIS received her AOS etc, or...

does her J1 lawful status end and her period of authorized stay begin only after she uses her EAD and updates her I-9?

Obviously after the J1 expires that's more clear cut, but prior to the expiration of the J1, will she still be a J1 if she remains with the same J1 employer and does not update her I-9?

Nobody said that "CR1 is wrong".

Wrong, wrong, wrong.

Do not apply for CR1 and do not follow above posters advice - its plain wrong. You are in the USA, married to a US Citizen so all you need to do us apply for AOS. Wishing you lots of luck on your new journey together

As previously mentioned, intent is not enough of a reason to deny as per matter of casavos and battista, so the judgement is null and void.

If that brings you comfort then more power to you.

OP,

The CORRECT advice is that sometimes a problem has multiple solutions. For posters to tell you that CR1 is Wrong, is well wrong. You may very well be able to AOS but you may also be able CR1.

Good luck! :-)

Op has said that intent was to visit. As well, it's well known that intent alone isn't enough to deny an aos. If you feel it's fraud feel free to report to a moderator.

I just think you're giving bad advice.

She didn't mention her intent 'till page three of this tread. You were happy to opine before you had all the relevant facts. And were suggesting a potentially precarious path when a less risky path was very much still an option.

You are welcome to your opinion but I'm free to pass judgment.

OP, you're free to do what you want. This is the internet after all.

Hi everyone, thanks for your concern and your words of caution. Just to clarify, when we entered as visitors, it was with the intention of VISITING only-which is why I never did any research about all of this ahead of time, and hence the confusion . We had a change of plan based on family circumstances.

USCIS may ask for proof of return plane tickets etc. Or they may not. Sorry to hear about your family circumstances.

The law says it's perfectly ok to stay and adjust on a visitors visa. Lol visa journey has a whole forum section on it and guides for it.

It's perfectly fine to adjust on a visitors visa. If you're intent was to visit.

The law is also perfectly clear about those who are already married and want to immigrate. (just for good measure i'll also throw in a LOL)

Doesn't matter. If OP is here intent alone is not enough to deny. Look up matter of cavasoz and battista

It does matter on several levels. This website has a terms of service agreement for all posters. We cant suggest bending or flat out breaking known immigration laws just because others have gotten away with it before.

Also on a practical level it's just bad advice. Why take the risk of AOS? She has a valid legal remedy via CR1. Why suggest a questionable AOS instead?

We're a country of laws.

The laws apply to everyone. :-)

No need. Op should aos fine.

Wrong, wrong, wrong.

OP is already in the US so can legally AOS.

Do not apply for CR1 and do not follow above posters advice - its plain wrong. You are in the USA, married to a US Citizen so all you need to do us apply for AOS. Wishing you lots of luck on your new journey together

Huh? I think all of you are wrong, wrong, wrong.

OP entered as a tourist/visitor. That is a non-immigrant admission to the US. If the OP true plan was to remain in the US and apply for AOS, then OP misrepresented her intention. Which is a nicer way to say she lied.

I second the opinion of filing for a CR1 instead.

Apologies, I applied for a I-765 and paid the sum $380.00. I am also in the process of applying for my adjustment of status I-485 and that was submitted and paid for several months ago while paying the sim of $1080.00

So it looks like the US is returning the money that you overpaid? That's good news.

USCIS gets a lot of flack on this website but in total we have a very fair, very honest and very transparent immigration system.

Good luck!

You can't assume if evidence is good or bad.

It's just evidence.

The morning visit by the investigators adds to the totality of the existing evidence.

So logically this will speed up the process one way or the other.

Either speed it up in approval or denial.

But to think it doesn't speed it up is silly.

Looks good otherwise.

Actually no. I just realized I'm missing the two photographs for the I-765 Application for Employment Authorization. Anything else I missed? Thanks!