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randomstairs

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  1. Like
    randomstairs got a reaction from SalishSea in DS-260 crime sections - Verdict Appeal   
    It means "not guilty" only as it pertains to (Swedish) criminal law. 
     
    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. 
  2. Like
    randomstairs got a reaction from JeanneAdil in DS-260 crime sections - Verdict Appeal   
    It means "not guilty" only as it pertains to (Swedish) criminal law. 
     
    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. 
  3. Like
    randomstairs got a reaction from OldUser in Previous B2 Visa Denial. Tips for Re-applying?   
    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.    
  4. Haha
    randomstairs got a reaction from Howard L in Fiance Arrested, Dropped Charges   
    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. 
  5. Haha
    randomstairs got a reaction from ThomasBetten in Fiance Arrested, Dropped Charges   
    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. 
  6. Like
    randomstairs got a reaction from OldUser in Asylum and Marriage   
    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. 
  7. Like
    randomstairs reacted to Dashinka in Can I-131 Advance Parole be used for leisure travel? (K1 visa)   
    That and the CBP carrier guide.  Sometimes you have to educate the airline clerks, and others.  This is somewhat off topic, but often prior to COVID my wife and I would route through Beijing when traveling to Central Russia, I don't know how many people I had to educate that neither her nor I needed a China visa since China allowed 24 hr visa free transit.
     
    https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf
  8. Like
    randomstairs reacted to OldUser in Can I-131 Advance Parole be used for leisure travel? (K1 visa)   
    There's always a risk travelling on AP.
    Ideally, one should not travel unless it's an emergency. I think somebody on VJ posted experience being lectured by CBP saying it should only be used for emergency when they're trying to enter the US. For the travel dates and destinations, one can always put "To be determined"
  9. Like
    randomstairs got a reaction from Dashinka in Can I-131 Advance Parole be used for leisure travel? (K1 visa)   
    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.)
  10. Like
    randomstairs got a reaction from OldUser in Can I-131 Advance Parole be used for leisure travel? (K1 visa)   
    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.)
  11. Like
    randomstairs reacted to Dashinka in Can I-131 Advance Parole be used for leisure travel? (K1 visa)   
    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.
  12. Like
    randomstairs reacted to Aur0ra in N400 Denver office - April 2024 interview update   
    Greetings all CO N400 filers. I had my N400 interview April 18, 2024. Overall the interview/test was very straightforward and the officer was personable. A good experience and quite fast, around 30 min or so. Plan to be there around 30 min ahead of your scheduled time to give yourself a chance to get through security and get to the waiting area. I think the biggest stressor is likely traffic, so give yourself extra time.  We were coming from the north end of the state, so we gave ourselves 2 hours to get there and that was about right. 
     
    Take-aways:
     
    -Same day oath ceremonies no longer offered in Denver as of Jan 2024 unless you live 200 miles away from the office or there is some kind of emergency.  I requested a same-day oath ceremony when the officer gave me this information. She said that they used to do this, but they don't offer it anymore. Something about not having enough staff who are qualified to do the ceremony around that day. She said that only in cases of an emergency would they be able to scramble one together or if the applicant's home is over 200 miles away.  So if you live within 200 miles of the office, don't expect a same-day oath ceremony. Worth asking, but be prepared to have to come back for oath ceremony
     
    -Sign up for electronic notices so you know well in advance when OC is - Even the USCIS officer commented on our CO post office delays. In a previous oath ceremony a few months prior, only half of the people showed up. They found out over half did not get their paper notices in the mail.  She strongly advised signing up for e-notices through the online account, as that is much more reliable. I received my notice electronically the evening of my interview notifying me that my oath ceremony is 3 weeks later. 
     
    Hope this helps!
  13. Like
    randomstairs got a reaction from wjp in Where to have the baby? Mexico or US?   
    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
  14. Like
    randomstairs got a reaction from OldUser in we denied your Form I-485, Application to Register Permanent Residence or Adjust Status- 33 Days to leave to US need help advice what to do?   
    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.  
  15. Like
    randomstairs got a reaction from OldUser in EB2 NIW - DS-260 Current Employer field Issue   
    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.
  16. Like
    randomstairs got a reaction from Dashinka in Filing for 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.  
  17. Like
    randomstairs got a reaction from OldUser in Filing for N-400   
    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. 
  18. Like
    randomstairs reacted to Hypnos in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    Thanks for all the well-wishers, once more.
     
    I had my oath earlier today (well, yesterday now) in Dallas. There were 110 people being naturalised from 35 different countries, with the most being 23 from India and 24 from Mexico.
     
    There was a minor issue where I had to scribble out the name of my home town on the "Signed at" location on the N-445 questionnaire, since I had already filled that in before arriving. The MC announced that only Dallas or Irving was acceptable there, but it was a quick fix.
     
    Other than that it was a nice event, with a lot of people there, and friends and family. One of the cops I know from the PD showed up, which was a really nice touch and meant a lot.
     
    So, this chapter of my life is now over. Onto the next...
  19. Thanks
    randomstairs reacted to Hypnos in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    So today I get to give the update I have been hoping to give since all of this nonsense began.
     
    I received a flurry of text messages from USCIS this afternoon indicating that my case was updated. Puzzled but hopeful, I began to login to my online account, but before I could do so received a call from a Dallas number. They identified themselves as Officer SomebodyOrOther (I forget the name; I recall it wasn't the person who interviewed me) calling from the Dallas field office. They said they had received my case today, and had seen there was an issue. That she had gone ahead and reversed the denial and approved it, and could schedule me for an oath ceremony next Thursday afternoon, on Valentine's Day, if that would be ok. I said that would absolutely, completely, and totally be fine with me. She said she would mail out a copy of the letter today, and that I should receive it soon. I thanked her, and then called the congressional liaison working my case to let her know what had happened.
     
    So... there we are. It's been a rough couple of weeks. I lost about 5 lbs the first week, which I can't say I'm unhappy about since I wanted to lose 10-15 lbs before the police academy begins later this year that I will hopefully (now) be attending, but this wasn't how I had planned on doing it.
     
    I just want to say that the system works. And by the system I do not mean USCIS. Everyone who has read VJ for more than 5 minutes knows that USCIS is an inefficient and poorly run federal agency in drastic need of an overhaul. No, by system I mean the checks and balances of oversight of them. I'm not sure whether it was my congressman's office or the CIS Ombudsman that got this reversed. I'm choosing to believe a little of both. But to anyone whose naturalisation eligibility date is approaching, I would strongly urge you to wait just a day or two to head this issue off, unless you enjoy uncertainty and stupidity, in which case have at it.
     
    My online USCIS account is currently showing no changes. It still indicates that my application is denied, and there's no oath letter there yet. Perhaps it will change, perhaps it won't. But the older case status site is showing my oath letter was mailed.
     
    I'm glad to finally be able to put this behind me. Thanks to all the well-wishers here on VJ who have given public and private messages of support. It has been very much appreciated during what has not been a stellar couple of weeks up to now.
  20. Like
    randomstairs reacted to Going through in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    In fairness, Hypnos filed at 2:30am on the date he was eligible, not a few minutes after midnight.   Is it early in the morning?  Sure, but it's his prerogative.
     
    If the priority date is set the day before---even if he filed at 8am that still could have happened in his case.  With my own application, I filed at 7pm in the evening and my priority date was still set a day behind....I would have been in the same situation as OP is now if I'd applied on the very day I became eligible.
     
    I'm sure Hypnos wishes he'd waited a day or two before submitting the N400...I'm sure he also wishes that USCIS set his priority date by the date the application was actually submitted, as they should be doing.
  21. Like
    randomstairs reacted to Hypnos in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    Hindsight is certainly 20/20 isn't it.
     
    It's important to remember that this is USCIS' error, not mine. Now, if I knew back then what I know now would I do anything differently? Certainly, I would wait a couple of days, and would urge anyone in a similar situation to do exactly that (that is why I made this post, as a cautionary tale to others). But at the end of the day, this is on USCIS, not me.
  22. Like
    randomstairs reacted to V80 in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    I just received an email notification that my N400 application has been approved. Note that I submitted my application at 1:00 am EST on the day I became eligible (90 day early filing). Had my interview in October 2018 and IO could not make decision on that day because of "timing-issues". I have been waiting since then. After seeing this thread, I have contacted my senator's office, explained the situation and provided all proofs. My senator's office contacted USCIS on my behalf and requested them to confirm if there is any issue because of my application submission at 1:00 am EST. USCIS has confirmed that there is no issue because of the submission time and they approved my application this morning.
     
    This thread really helped me take some proactive steps which resulted in approval of my application. Thanks to all of you.
     
    If you submitted N400 application in the early hours (12:00 am - 5:00 am) of the day you became eligible, I strongly recommend you all to contact one of your senators or representative, explain the situation, provide all proofs (pay.gov receipt, credit card transaction date and time etc.) and request them to contact USCIS.
     
    I sincerely wish you all good luck.
  23. Like
    randomstairs reacted to Hypnos in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    I received notification today from the CIS Ombudsman that they had accepted my request for expedited review of my case and had contacted USCIS on my behalf to seek a resolution.
  24. Like
    randomstairs got a reaction from Dashinka in Filing for N-400   
    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. 
  25. Like
    randomstairs reacted to Dashinka in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    Not necessarily.  With anything online related to submissions or orders, the software has to change the day based on something.  In this case it appears that the day does not change until either Alaska and Hawaii enter the new day, or the midnight hour has passed Anywhere on Earth (typically identified as Howland Island).  This might be a reason not to file online.
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