randomstairs

1 minute ago, cherine brooks said:

They told us to apply for a waiver I 601 at the time but we got married instead and I filed the I 130 for the green card instead 

The I-485 is for the green card, not the I-130. The waiver might still be filed. If his case was a possession of 30 g of marijuana or less, there is a good waiver for that too. 

4 minutes ago, cherine brooks said:

he was using when he much younger, he got arrest when he was 18 year old and when we went on the interview they asked him if he has ever been arrest and he said yes when he had a clean police report. this happen over 10 years ago

It may be possible to overcome this based on his full recovery. Again, find a good lawyer. 

1 minute ago, cherine brooks said:

No he was not, they only charged him a fine that’s it

A fine is a conviction. 

21 minutes ago, cherine brooks said:

I file a K1 visa for my husband in 2021 and they refuse him, because of controlled substance and they gave 212 (a) (2) (a) (i) (ii), they claim he is inadmissible. we got married in July 2021 of the same year. and I file an I 130 in 2023, waiting on a response, I'm worried if they will denied me again.

Was he convicted of a drug offense? Inadmissibility on drug crime basis is a tough one to overcome. But a competent lawyer may find a way, depending on the exact circumstances. This is not a DIY case.

Just go on the court's website and look for the security procedures. 

It's hard to tell. Owning a business and a home is one tie to the country, having to provide care for parents is another. On the balance, these ties to their home country must be stronger than their incentive to immigrate to the US. Having their only son in the US is a pretty strong incentive to immigrate. Their business in the home country had been informal for most of the time. You can see how the consular officer will weigh these ties versus the incentives, right?

But, they surely can try, and as mentioned before, the more new circumstances they can report, the better.    

2 hours ago, FONA said:

Acquitted means NOT guilty ! So in terms of LAW, it surely means I did NOT do it. 

It means "not guilty" only as it pertains to (Swedish) criminal law. 

2 hours ago, FONA said:

...and opinions are OPINION

Sure. And, if an OPINION of the consular officer is that you're not admissible, based on the arrests, that opinion is all that matters. 

47 minutes ago, KV89 said:

The officer asked if they own a home and how many children they have. Once they answered that they have one child, they were immediately denied.

Did they answer positively about owning a home? Can they prove it at all (if needed)?

They can try again, but as you seem to know, the previous denial will make the success less likely. The CO would want to see how the circumstances have changed since the last unsuccessful application. Good luck!

These are pretty serious in a sense that they could qualify as Crime Involving Moral Turpitude (CIMT). If the convictions are reversed, it will be up to the CO to interpret them. Because the victims (alleged or actual) are journalists, this can even fall into some other "Have you EVER" question categories. If the threats and harassments were of purely private matter, you might be able to overcome the problem, depending on the exact nature of the crimes, but if the threats were over ideological, political, let alone religious, reasons, your chances to ever legally set foot on the US soil are low.    

3 hours ago, FONA said:

 

 

The crimes:

 

Threats through email to a journalist

 

Harassment - through Instagram to another journalist

 

violent resistance - when I was being pulled over by cops

 

threat against a public official - in this case, the same cops that pulled me over, because they "felt" threatened by my actions. 

 

13 hours ago, Howard L said:

Hi guys, Filipino beneficiary here.

 

I just got my FBI records from my American fiance and he told me the story of being falsely accused by a mentally challenged patient he worked with. He went to jail, but the charges were dropped. He’s innocent. This was more than 10 years ago.

 

My K1 visa is approved. Interview passed. But I have my CFO seminar in the Philippines coming up and the port of entry interview down the line when I fly to the States. I worry they'll refuse or deny me entry or affect any of our chances at all, or just in general make it inconvenient for us to push through with immigration.

 

Did anyone here go through the same experience? Any advice to offer? It’s not a dropped case, just charge, so are there other additional documents I should prepare? Just want to be ready for my fiance.

Criminal history of the sponsoring US citizen doesn't matter for immigration purposes. Technically they can be on a death row and still retain the right to sponsor an immigrant. 

3 hours ago, cshall2024 said:

She said that she is "illegal" but how is she illegal if she was processed at the immigration station?

The probation is a gray area. If her asylum case is eventually approved by the immigration judge, she will not have accumulated any unlawful presence. If the judge denies her case, all the days of her probationary status will be counted as unlawful presence. So, she has no status AND is currently in the country lawfully. 

18 hours ago, Dashinka said:

The biggest challenge with the AP is dealing with airlines that are unfamiliar with the AP as proper documentation to enter the U.S. legally.

Yes, especially if you lose the card. When I had it I wasn't traveling for this reason alone. (I wasn't familiar with the land border option then.)

When you entered the US did you get inspected? If you entered without the inspection the unlawful presence is not "forgiven" even with marriage to a US citizen. I would look for a *good* lawyer at this point! If there are grounds for filing for a reconsideration of the decision, a competent attorney should be able to save you.  

11 hours ago, wjp said:

they can become President of Mexico if they're so inclined

One of a very few cases when one can in fact lose a US citizenship is accepting a high public office in a foreign state. https://travel.state.gov/content/travel/en/legal/visa-law0/Loss-US-Nationality-Public-Office-in-Foreign-State.html

53 minutes ago, Dashinka said:

You should be fine.  There was a story of a member that submitted an online petition minutes or so after their 90 day window opened per the time zone they were in.  Apparently the online system has some glitches relative to time zones and dating that caused issues and the member did not hear about it until the interview.  The recommendation is to wait 2-3 days after the window opens to submit just to be safe as even though this member eventually got it straightened out, it was a big headache.  You should be fine with a 3-4 day buffer.

 

 

Wow, what a case! Really makes you think. Kafka would be proud. Fortunately I had heeded the warning about filing on the first day of eligibility before I finally filed.

There's another issue with dates: on my GC the date is one day earlier than on the online account and in the email (the approval NoA - the "welcome letter" - has the same date as the GC). I called USCIS twice to confirm, and they did. The date on my GC was the one to go with. Still, for the 90-day window I prudently (as it seems) considered the +1 date as the "resident since" date. Then I added 2 days to that, already conservative, date - just in case. So that's why it's 3-4 days into the window.  

Anyways, it's almost a year now since I became a citizen. 

7 minutes ago, OldUser said:

I don't believe online is evidently faster or slower than mail filing. Each case is unique. Online or mail filing is only one variable in the process. We don't know who gets assigned the case and how busy they are, how quickly they work etc etc. Unfortunately USCIS does not publish N-400 statistics for each type of filing.

 

While mail can get lost, don't forget how glitchy USCIS online systems are. I'm not surprised if a anything uploaded / submitted can get corrupt or lost in USCIS online system. Again, there's no proof of upload that you get as far as I know. If USCIS says you never replied to their RFE online, how would you prove you did? With mail, at least you can have certified mail.

 

I'm not saying online or mail is better. Either has advantages and disadvantages.

 

 

 

 

I think there's more pros than cons to online filing. Assuming that the processing time is not affected by either method (let's call it X), it stands to reason that the (unknown) X + days in mail is more than X + zero (time it takes to upload). Therefore online filing, under this assumption, must be faster - regardless of other factors. But, yeah, a couple of days doesn't make a tangible difference.

Granted, the website is between barely workable and atrocious. That is a valid advantage of mailing. (I guess highly skilled IT professionals are not too attracted to gov jobs. Or maybe they're not eligible because they aren't citizens yet due to getting stuck by the glitchy website.)  

11 hours ago, Anthony42 said:

Just a question. Is filing a N-400 Online a shorter or faster process than mailing the paper N-400? 

Online is not only faster but also much safer. You'll find the PDFs of all the critical documents from USCIS (receipts, biometrics, interview notices(!), etc) right in your account online. Mail often gets lost, USCIS can mess up the address (especially if you had moved), or it can get delivered late. The online filing is a no-brainer as far as I can tell.  

1 minute ago, OldUser said:

Add 3-5 days after window opens and you won't even notice it. It will ensure your N-400 is not going to get rejected. 

Why would it get rejected? I filed 3-4 days into the window. 

11 hours ago, Dashinka said:

make sure you do not submit an online petition around the time your filing window opens if filing during a 90 day period

Define "around the time." Due to time zone issues I wouldn't file on THE day the window open. How about the next day? Or 2 days into the window? ... 

36 minutes ago, Lorca1 said:

hi, thanks for you quick reply.

Yes I plan on becoming a citizen. I have also just start up some long term volunteering work which looks promising and likely to turn into paid work from july. 

 

Do you have any idea regarding when the year starts (is it rolling on when i was issues my greencard) and if it's 6months within a year or total for the 2 years my green card is valid for

You should not stay outside the US for more than 6 months at a time to maintain the continuous presence for the naturalization purposes. If you are absent for more than 6 months (and less than a year), the burden of proof is on you to show that you have not broken the continuous presence. For naturalization purposes you have to be physically in the US for 30 months within the last 5 years (if applying based on the 5-year residency).

I don't know where the "6 months within a year" is coming from. You can travel abroad for 11.5 months out of a year and you may be just fine in terms of maintaining the LPR status. On the other hand, staying only 3 months abroad, with other factors included (such as working abroad and not having strong ties to the US), can put your status in jeopardy. 

2 hours ago, knittedpiano said:

@randomstairs Thanks. She only remembers general things but can't remember exact locations of where she crossed the border etc. Yeah, I think the mental illness is only an issue if its a threat to the safety of herself or others right?

As long as she's honest about the illegal entry, I don't see why would they even ask for such detailed descriptions of the events and places, let alone expect her to remember it all. Like I said, she should answer to the best of her knowledge. 

Yes, my understanding is that the admissibility becomes an issue if a mental illness can result in some form of harmful behavior. 

Upload for what? What type of a case?

They can ask anything but I doubt they will wanna know all the details of her entry - well, that's just me. She should answer the questions to the best of her knowledge. Also, the history of mental illness could be problematic in terms of admissibility. 

If you've already filed a police report, the card is invalid (or it will be, if it reaches the CBP and other agencies). The I-90 the way to go at this point. 

11 hours ago, AMK_GO_GO said:

Thanks for the response.

Also please confirm if it is binding on me to work on an approved field of work in the USA only, to get a greencard? otherwise, I will become ineligible to get a green card?

After how much time reaching to the USA I will get handed over my greencard?

You should not change the field of concentration, regardless of the country. It is risky, but actually legally binding. It could raise a concern that you no longer are an alien in national interest, or, worse, that you misrepresented yourself.

When you enter the US on an IV you become a Permanent Resident, with all the rights you're entitled to. The GC will then arrive in mail in a couple of weeks.