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Michael and Ganna

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    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    Does he have an "internal passport" and an international passport. Most of the time in the international passport will have english translation along with the native name. I know my wife's CR visa is written in english. I am not sure if it came from information we provided. Try asking the question in the country specific portal here at Vj......maybe google can be your friend :)

    Divorce paper copies fro K1

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    Ukraine is a "Hague convention" country.....I remember that we had a problem with Divorce decree, because it was not Divorce certificate...

     

    I hope this helps.....you can call your local Ukrainian Embassy if you still have questions.

     

    The Hague Conference on Private International Law established the Apostille. An Apostille is an authentication certification, a stamp. The Apostille is designed for use among nations that participate in the Hague Convention. These joint regions are called signatory countries as formed by the Hague Conference on Private International Law . 
    The Apostille only pertains to public documents. Primary examples of public instruments are marriage, birth and death certificates as well as court documents, patents and even diplomas. 
    The United States of America, has been part of the Hague Convention since October of 1981. The Apostille, coming from the French and meaning certificate, is a uniformly condensed and simplified mutually agreed upon document usable and accepted by these convention nations. The Apostille seal proves validity and original signature source.

    My husband has been using a fake SSN for work, now it's time for him to file taxes...

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    ments

     

    Using a false social security number is one way to obtain unauthorized employment. You might have heard how some undocumented aliens make up social security numbers or use the numbers of other people without permission. You might think this conduct is relatively harmless but it has criminal and immigration consequences. It is often punished under 18 USC 1546(b) for false attestation on an employment verification form, or 42 USC 408(a)(7)(A) for misusing a social security number obtained by fraud, or 42 USC 408(a)(7)(B) for falsely representing a social security number. A conviction for any of these offenses might have immigration consequences in the sense that it could be considered a crime involving moral turpitude (CIMT), which is a ground for inadmissibility that would bar an alien from getting a green card. If an alien admits committing these offenses, he could still be inadmissible even without a conviction.

    The Ninth Circuit Court of Appeals (which covers California, among others) in Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000), held that convictions under 18 USC 1546(b) and 42 USC 408(a)(7)(B) are not CIMTs. In contrast, the Fifth Circuit (which covers Texas) in Hyder v. Keisler, 506 F.3d 388 (5th Cir. 2007), the Sixth Circuit (which covers Tennessee) in Serrato-Soto v. Holder, 570 F.3d 686 (6th Cir. 2009), the Seventh Circuit (which cover Illinois) in Marin-Rodriguez v. Holder, No. 12-2253, slip op. (7th Cir. March 6, 2013), and the Eight Circuit (which covers Missouri) in Lateef v. DHS, 592 F.3d 926 (8th Cir. 2010) and Guardado-Garcia v. Holder, 615 F.3d 900 (8th Cir. 2010) all refused to follow Beltran-Tirado and held that convictions under 18 USC 1546(b), 42 USC 408(a)(7)(A), or 42 USC 408(a)(7)(B) are CIMTs.

    To understand this difference in opinion, we must first know what is a CIMT. The Ninth Circuit defines a CIMT as a crime involving (1) fraud or (2) conduct that (a) is vile, base, or depraved and (b) violates accepted moral standards. Other circuits such as the Fifth Circuit emphasize that crimes whose essential elements involve fraud or deception tend be CIMTs. All circuits agree that fraud is the contaminating component in any crime considered a CIMT.

    Based on this premise, the Fifth Circuit in Hyder held that a conviction under 42 USC 408(a)(7)(A) is a CIMT because an individual must use a social security number with intent to deceive in order to be convicted under this law. Hence, the Fifth Circuit found that 42 USC 408(a)(7)(A) involves an element of dishonesty.

    On the other hand, the Ninth Circuit in Beltran-Tirado held that a conviction under 42 USC 408(a)(7)(B) for falsely representing a social security number with intent to deceive is not a CIMT based on an interesting rationale. The Court looked at a related provision, 42 USC 408(d), which exempted aliens granted permanent residence through the registry and amnesty programs from prosecution for past use of social security numbers. The Ninth Circuit concluded that Congress’s rationale for 42 USC 408(d) supports the general principle that the use of a false security number to engage in otherwise lawful conduct such as obtaining employment is not a CIMT.

    The Fifth Circuit and all the other circuits that have rejected the ruling in Beltran-Tirado were quick to point out that the Ninth Circuit expanded the narrow exemption in 42 USC 408(d) beyond what Congress intended. These circuits explained that the mere fact that Congress chose to exempt registry and amnesty beneficiaries from prosecution for past use of false social security numbers does not mean that these acts do not involve moral turpitude in other contexts. However, the Ninth Circuit reasoned that the underlying conduct of one who was granted immunity from prosecution under 42 USC 408(d) and one who was convicted under 42 USC 408(a)(7)(B) are the same.

    The Ninth Circuit believes that Congress granted the exemption in 42 USC 408(d) because using a false social security number for lawful conduct is not a CIMT. The Ninth Circuit agrees with other circuits that crimes involving fraud are CIMTs. It also agrees that a crime is inherently fraudulent if it involves a knowingly false representation to gain something of value. However, the Ninth Circuit does not see the act of using a false social security number to gain employment as fraudulent even when it involves deceit. The other circuits see moral turpitude in any criminal conduct that involves dishonesty or deceit regardless of the objectives of the fraud.

    So even if you’re desperate to find work, consider the consequences before you use another person’s social security number. If you reside within the jurisdiction of the Ninth Circuit, you may take comfort in its favorable ruling but you should also be concerned whether the Ninth Circuit can maintain its minority position amid the growing consensus among other circuits.

    Conditional Resident Card same as Permanent Resident Card when it comes to traveling and needing an entry visa in other countries??

    in Removing Conditions on Residency General Discussion

    Posted

     

    Conditional Permanent Residence

    A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.

     

    B1/B2 for my sister

    in Tourist Visas

    Posted

    Search the VJ boards on this topic. I remember reading about this very topic a few weeks ago. Someone was coming from Pakistan to take the exam and was denied. The National board exam is for practicing in USA. Ask yourself, why would you return home if you had US credentials for dentistry?

    My wife is about to start my filing process and we need some help

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Here is how we did it....As for photos we printed about 6 on a piece of paper......Hope this helps

     

    07/14/2015

     

    USCIS

    Box 804625

    Chicago, IL 60680-4107

     

    Subject: I-130 Petition for my spouse Ganna XXXXXXXX 

     

    Dear Sir/Madam,

     

    I, Michael XXXXXX, a citizen of the United States, would like to file a petition I-130 for my spouse, Ganna XXXXXX.

     

    Please find enclosed the following required and supporting documents:

       1     Check for I-130 filing fee in the amount of $420    

       2    Completed and signed form G-1145

        3    Completed and signed form I-130    

        4    Completed and signed form G-325A and photograph (petitioner)

        5    Completed and signed form G-325A and photograph (beneficiary)

        6    Copy of petitioner’s birth certificate

       7     Copy of petitioner’s passport (all pages)

       8     Copy of petitioner’s divorce certificate (all pages)

        9    Copy of our marriage certificate translated with certification stamps on back

     10    Copy of beneficiary’s birth certificate translated with certification stamps on back

      11     Copy of beneficiary’s passport (all pages)

      12    Copy of beneficiary’s divorce translated with certification stamps on back

     13     Proof of a bona fide relationship

            Evidence containing photos, flight and lodging itinerary’s, and ect.

     

    Copies of the documents submitted are exact photocopies of unaltered documents and I understand that I or my wife may be required to submit original documents to an immigration or consular officer at a later date.

    I kindly request you to process the above petition and to provide the receipt notice as soon as possible.

    If you have any questions or concerns on the above matter, please do not hesitate to contact me at +38xxxxxxxx352, Email 1cXXXXXXXX@gmail.com. or at the address: P.O. Box XXX, Cxxxxxx, Michigan 4xxxxx

    Thank you,

    Michael XXXXXX XXXXXX

     
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