Jump to content

randomstairs

Members
  • Posts

    665
  • Joined

  • Last visited

Everything posted by randomstairs

  1. Neither one is a proof of your status because you're out-of-status. The I-94 portion of the I-797 is a proof of your lawful presence. Try submitting both.
  2. The I-94 portion of your I-797 is determining the validity of your stay (lawfulness). You are out of status, but still technically lawfully present until the I-94 expires. You don't need a visa stamp to maintain your status in the US. There is no such thing as the "visa transfer." I've no idea about Indian consulates...
  3. You have two different paths here. One is through your research work (publications, citations, etc), the other is the physician NIW. For the latter, these are the criteria (source: https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-a-physician-national-interest-waiver-niw) : You must work full-time in a clinical practice. For most physician NIW cases, the required period of service is 5 years; You must work in a primary care (such as a general practitioner, family practice petitioner, general internist, pediatrician, obstetrician/gynecologist, or psychiatrist) or be a specialty physician; You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA); and, You must obtain a statement from a federal agency or a state department of health that has knowledge of your qualifications as a physician and that states your work is in the public interest. (This statement is known as an attestation).
  4. Unless the "etc" stands for reckless driving, or a DUI, etc, you should have no issues.
  5. Yes, a wide range of fields qualify. The difficult part is to show substantial contributions to a qualifying field (merit). So, a truck driver does work in a field of national interest but their merit within that field is not necessarily substantial. What they wanna see is the applicants ability to advance the field.
  6. This attorney specializes in NIW cases: www.wegreened.com If she accepts his case, the chances of approval are very high. Send them an email with his credentials and you'll probably know the answer in 24 h. Good luck!
  7. Not true. The field has to be in national interest. It's usually in STEM, way beyond just medical areas of interest. AI, for example, is a field for which national interest can be easily demonstrated.
  8. You should be fine but do get the re-entry permit just in case. Also, do not refer to any country that is not the US as "home" - unless that's actually the case, of course. Maintaining the LPR status means that your home is in the US, and only in the US.
  9. It doesn't matter which type of the AOS you chose in terms of naturalization. Being married to a USC will make it faster but that's true regardless of how one obtained the GC. Anyways, you don't have to cancel one to apply for another.
  10. @Boiler mentions Cenk. That's exactly the origin of my deep worries. If our rights are conditional on a single SCOTUS decision then I'm extremely concerned, given the recent history.
  11. I'm glad everyone had a good laugh about this law office's statement. But my concern is deeper. Only in 1964 the Supreme Court decided that, in that particular case, the naturalized and "natural born citizens" are equal (https://en.m.wikipedia.org/wiki/Schneider_v._Rusk#:~:text=Schneider v. Rusk%2C 377 U.S.,clause of the Fifth Amendment.). But, as we all know by now, from recent cases, the SCOTUS decisions are of temporary validity. Where in the INA is it explicitly stated that naturalized citizens have the right to live abroad? Thanks!
  12. According to this law firm a naturalized citizen must continue to prove strong ties to the US when living abroad for more than a year. This goes against everything I believed about the immigration and citizenship in the US. "The general rule is that a naturalized citizen who voluntarily resides outside the US for an uninterrupted period of more than one year may be presumed to have abandoned their US citizenship. However, this presumption is rebuttable if the individual can provide evidence to the contrary. Factors like maintaining substantial ties to the US, filing US tax returns, owning property, or keeping immediate family members in the country can help demonstrate an intent to retain citizenship." https://www.machadolaw1.com/blog/2023/july/can-you-lose-your-citizenship-if-you-live-abroad/#:~:text=Living Abroad and its Impact&text=The general rule is that,provide evidence to the contrary.
  13. 1. Yes. Just make sure the picture is clear enough. 2. If instructed. Probably not needed. A nice thing about filing online is that you are prompted if anything is missing. 3. You should definitely have it with you. They sometimes ask, depending on the case.
  14. Did you apply for a new DL with your GC (with the new expiration date on it)? That's how the process is initiated in CA. My experience with DMVs in three states so far is that they can't handle anything more complicated than a renewal of a DL. For example, if you tried to request that they extend the validity or something like that, that would probably confuse them. I suggest you try a different DMV and keep it super simple, as in "I'd like to renew my DL. Here's my GC." I had a similar issue in another state when I wanted to get a new license with the H1B approval form. It took 2 hours, with my cab driver patiently waiting outside (I couldn't drive). It turned out they just needed the I-94 portion of the form, whereas I submitted the whole thing. They usually get utterly confused.
  15. Congrats! Now go register to vote, research your representatives, and help improve USCIS!
  16. It could be construed as such though. A bribe doesn't have to be substantial - all it takes is the intent, regardless of how naïve the expectation may be. In my DMV there's a warning saying that ANY form of a gift to the officers, including trivial holiday presents and such, will be prosecuted to the fullest extent of the law. I'd assume the CBP is similar in this respect.
  17. What agency? An employment agency? Yeah, that would get you deported. To whom were you offering chocolate? To the employment agency referenced in your texts or to the CBP? If the latter, you've got yourself a lifetime ban.
  18. You can be on a death row and petition for an immigrant successfully.
  19. How would you satisfy the first prong?
  20. Wegreened offers money back guarantees because they accept only cases that are relatively solid. Not having to have an employer sponsoring you is a major advantage of NIW. In 2017 the criteria and the guidelines have been revised, with more focus on future projects than established credentials of applicants (although both are important, of course).
  21. You should use THEIR electronic form because it will generate the appropriate barcode.
×
×
  • Create New...