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f f

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Posts posted by f f

  1. 39 minutes ago, sandranj said:

    Folks she said he had the waiver approved. Probably he  entered without inspection (illegay entry) because of this he had to return to India to attend the interview,but the waiver was approved already before he left.

     

    Who entered without inspection cannot adjust status in the U.S.The person has to file  the waiver in the U.S and  oncethe waiver is  approved the person  must attend the interview abroad.

    agreed but would that same waver cover illegal work? or remove the bars for illegal presence also? or does the waver just cover the illegal entry? and the other issues would need thier own waver to be filed.

  2. an expedite is the same as jumping to the front of the que, so you going to the front makes everyone else wait for them to process yours. if you have a job offer there is a reason you need to get it sooner but without the job offer they will ask why you should go in front of everyone else. 

     

    that being said ho out and start applying for jobs so you can submit an expedite request that has a job offer in it so they can give it to you.

  3. 32 minutes ago, heamatite2000 said:

    Would love for help/peoples opinions if this would be a suitable reason to expedite?

    nope

     

    you have to have a job offer in hand for them to expedite the ead. and you need proof such as an offer letter from the company saying they want to hire you.

     

    it essentially comes down to why should they expedite your petition if you might not find a job before they would have gotten to your petition anyway.

  4. 8 minutes ago, Springrain22 said:

    So if you don't get married, your estimated wait is 8 years to get a visa. If you get married in the future, your wait will be about 13 years or so.

    since his parent filed before he turned 21 his age is frozen at the date it was filed so even if it takes till he is over 21 for immigration purposes he will be under 21 and qualify as a ir2 which does not have a wait time. if his parent filed after he turned 21 your information would be correct.

     

    it was a bit confusing with the threads getting merged.

  5. 17 minutes ago, 4444510 said:

    Well. Immigration officers or attorneys  - they all would tell you not to worry and that it's normal to wait 24 months. But it's not. I have few friends who filed I-751 in November 2015 - January 2016 and they all got their GC within 5 to 6 months. We filed few months later and have to wait 14 months. It's unfair. People who could absolutely legally get their residency in time if USCIS did their job well, might break up and get divorced while waiting 24 months loosing their status or getting it with complexities.

    filing the i751 does not grant residency.

     

    it removes the restrictions on a persons residency, there is no gain in rights before or after the i751 is done.  the shinny card you get to put in your wallet is the only new thing you get and the stamp in your passport works just as well.

     

    I would rather they work on k1 and cr1 visas that actually let families reunite than give me a shinny new card sooner.

  6. an asylum case just delays a deportation case, so unless there is a legitimate reason to get it you are just delaying having to leave the country.

     

    also make sure to carry your greencard with you at all times since failure to do so is technically a misdemeanor which would be your second which can prevent you from using the petty crimes exemption for the first case.

  7. you are asking them to let you leave the country to have a non emergency surgery that you have scheduled for over a month and a half away. 

    is there any reason the sugary could not be performed in the us? or delayed since you are already waiting 1.5 mobths?

    your doctor could easily send your medical records to a local doctor to perform the sugary. and if you had to have it done by that doctor you could of held off coming to the us since the visa was valid for 6 months. you are trying to force uscis to do what you want and they do not work that way. emergency ap is for emergency events like funerals or going to go see a sick relative that took a turn for the worst. not to let you have non emergency surgery scheduled 1.5 months in advance.

     

  8. 7 minutes ago, abumiqdad said:

    so prior to getting a GC, someone is considered a NON RESIDENT ALIEN? But if you have a GC and filed it like that, you would have abandoned your LPR status. Did i get that correct?

    a person on a h1b visa is a non resident alien to uscis but if they meet the substantial presence test for the irs they are considered a resident alien för tax purposes.

     

    from the irs

    You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

    1. 31 days during the current year, and
    2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
      • All the days you were present in the current year, and
      • 1/3 of the days you were present in the first year before the current year, and
      • 1/6 of the days you were present in the second year before the current year.

    https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

     

    the irs and uscis use the same terms to mean different things.

     

    using this I was able to claim a step child on my taxes as a dependent even though they did not have a greencard yet.

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