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randomstairs

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  1. Like
    randomstairs got a reaction from OldUser in Impact of divorce on Employment Based green card for naturalization   
    They rarely ask about work history even with EB cases. You're not required to work for the sponsoring employer at all. There may be a red flag if you quit like 2 weeks after receiving a green card, but that's about it. 
  2. Like
    randomstairs reacted to strawberry111 in GREEN CARD APPROVED IN 36 DAYS!!!   
    GREEN CARD APPROVED IN 36 DAYS !!! 🥳🥳🥳
     
     
    AOS Concurrent filling timeline : 
    07/17/2023 Come with B1/B2 Visa
    12/27/2023 Married
    01/19/2024 Send all AOS Docs
    02/16/2024 Biometrics
    02/17/2024 I-765 APPROVAL
    02/23/2024 I-130 Actively reviewed
    02/24/2024 I-485 APPROVED!!!!
    02/26/2024 I-130 APPROVED
     
    *) NO INTERVIEW
    *) INDONESIAN NATIONALS
    *) NO RFE
    *) NO LAWYER
    *) SENDING MEDICAL EXAM FROM THE START
    NBC Lee's Summit.
    Local office Seattle.
     
     
    Don't lose hope guys. It will be your time soon 😇

  3. Like
    randomstairs reacted to OldUser in Naturalization   
    This sounds like a law exam question 😃
     
    Technically, if your kid permanently resides in the US and was on a temporary trip under 6 months, they should become a US citizen when you naturalize. You'd have to get them a US passport to come back.
     
    This is not a legal advice, I'm not 100% sure your kid is a US citizen, but most likely is 
  4. Like
    randomstairs reacted to Crazy Cat in Worried about filing N-400 with an incorrect resident since date on my GC   
    I don't see an issue.  Good luck.  You will be rid of USCIS soon.
  5. Like
    randomstairs got a reaction from MaSC in getting a visa after GC abandonment   
    I honestly think that you have a good chance of getting the visa because formally abandoning the LPR status strongly signals against an immigration attempt. Of course, answer all the questions truthfully and explain.
  6. Like
    randomstairs got a reaction from Dashinka in getting a visa after GC abandonment   
    I honestly think that you have a good chance of getting the visa because formally abandoning the LPR status strongly signals against an immigration attempt. Of course, answer all the questions truthfully and explain.
  7. Like
    randomstairs got a reaction from millefleur in getting a visa after GC abandonment   
    I honestly think that you have a good chance of getting the visa because formally abandoning the LPR status strongly signals against an immigration attempt. Of course, answer all the questions truthfully and explain.
  8. Like
    randomstairs got a reaction from futurecoloradogrl in Oath Ceremony Questions   
    You can try the same-day urgent processing if you travel within two weeks (so in mid February). The advantage of this is in that you don't have to mail anything to the DoS, and thus you avoid the risk of losing the certificate in mail, either when sending or receiving the document (it's extremely difficult to replace). For the future passport extensions you can then simply use the old passport instead of the certificate to prove your citizenship/nationality. 
  9. Like
    randomstairs got a reaction from CuriousImmigrant_ in 2023 Tax Returns   
    If your transcript is not ready yet at the IRS website, bring a copy of the 1040 you used when filing. If the interview is at least a few days before the tax deadline you won't be expected to have filed the taxes for 2023 FY. 
  10. Like
    randomstairs got a reaction from OldUser in 2023 Tax Returns   
    If your transcript is not ready yet at the IRS website, bring a copy of the 1040 you used when filing. If the interview is at least a few days before the tax deadline you won't be expected to have filed the taxes for 2023 FY. 
  11. Like
    randomstairs got a reaction from Characteristicall in Traffic ticket issue? (Split from existing thread)   
    Unless the "etc" stands for reckless driving, or a DUI, etc, you should have no issues. 
  12. Like
    randomstairs reacted to mohamedaali2 in EB-2 NIW Visa   
    I got one approved with a Ph.D. and I think usually the attorney do an evaluation before having the case. I recommend you talk an attorney and do evaluation for his case. Now there is a premium process which get a decision within 45 days and most of the wait time will be for the NVC and embassy interview. 
  13. Like
    randomstairs reacted to JenIE in Oath Ceremony   
    My husband did the oath ceremony in Chatsworth. They held an oath ceremony every 2 hours while we were there, so unless you are scheduled near the end of the day, you will take the oath that day. You just might have to kill some time if you finish too close to an oath start time because they'll put you in the next batch.
     
    My husband finished his interview 15 minutes before an oath ceremony and he had to wait till the next one. We got some food and then came back 2 hours later.
     
    Good luck!
  14. Like
    randomstairs got a reaction from OldUser in How long can a lawful permanent resident with a green card stay outside of the country without losing their LPR status?   
    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. 
  15. Like
    randomstairs reacted to OldUser in Marrying spouse here who is on EB2-NIW, questions on adjusting status from that to i-130   
    How long have you been married @Murican?
    If under 2 years upon receiving marriage based GC, she'd have to go through I-751.
    I'd allow her just to continue on EB2-NIW. That way you also don't have to sponsor your wife (financial liability).
     
    Seems like she has a clean, simple path to GC and citizenship. I wouldn't disrupt it.
  16. Like
    randomstairs got a reaction from OldUser in Marrying spouse here who is on EB2-NIW, questions on adjusting status from that to i-130   
    No, you don't need to cancel the current application. Why not just wait for her NIW GC to be approved? 
  17. Like
    randomstairs reacted to Boiler in Aos, spouse of USC, been married 14 years   
    It is not a grey are, what matters is where you are.
     
    US residents have to file taxes on their world wide income.
  18. Thanks
    randomstairs reacted to yuna628 in Losing US citizenship for living abroad   
    Good grief what a strange thing for a lawyer to scaremonger on their website.
     
    Anyway prior to 1994, do we know anyone who may have been denaturalized due to living abroad? Or was it one of those things that was not enforced? I ask because I'm sure there were plenty of dual citizens that were famous that enjoyed living in both countries, just as they do now. My great grandmother would usually spend time living in both of her countries with no issues that I am aware of. Researching naturalization records is something I do regularly for genealogy. I don't know any ancestor on his or my side that had problems.
     
    I mean 22 USC 1731 provides the same protections to naturalized citizens as native born while living abroad. The 1964 SCOTUS case was pretty clear as well. It stated that doing what this law firm suggests is unconstitutional. It's not a murky or grey area as many SCOTUS cases can be. The history of the 1964 case, dated back to the 1907 Nationality Act, which could be rebutted. The 1940 introduced rule to 'strengthen' that act, SCOTUS determined was clearly unconstitutional. The justices determined the test for expatriation was quite high under the constitution and the government had flagrantly not met that test. Looking back at the wording of the decision shows their reasoning and other examples that strengthens the ruling. https://www.law.cornell.edu/supremecourt/text/377/163 There are lots of deep analysis on this case so it's funny this law group ignores that.
     
    I think they need to get a new intern!
     
    Also Cenk is an idiot. I can't wait for him to get tossed out of court. 
  19. Like
    randomstairs reacted to jan22 in Losing US citizenship for living abroad   
    Prior to 1994, someone who naturalized was expected to intend to live permanently in the US per Section 340 of the INA.  If they moved to a country outside the US within one year of naturalization, it was considered prima facie evidence of a lack of that intent, and was grounds to "denaturalize" the person. However, this was removed from the INA in 1994, in Section 104 of the Technical Corrections Act.
    The cited 1964 case law on the residency rights of natural born vs naturalized citizens was, obviously, decided prior to the 1994 change to the INA on the grounds that natural born citizens could not lose citizenship because of overseas residency.  The amended law now makes clear that residing overseas is not grounds for losing US citizenship.
     
    I don't believe that narrow decision on the law plays a part in changing the requirement to be a "natural born" citizen (i,e., those who were born as US citizens, with no need to naturalize) to run for President.  That is a constitutional requirement (Article II, Section 1, Clause 5), although he claims he can overcome that requirement on constitutional grounds.  I'm not sure how any court can declare the Constitution to be unconstitutional, so I don't know how he's planning to be successful, but..who knows!  There certainly is not enough time to propose and pass a constitutional amendment to change that provision prior to the next election.
  20. Like
    randomstairs reacted to JeanneAdil in Losing US citizenship for living abroad   
    Prior to 1994, the analysis presented in this article might have been different. Back then, a person who became a naturalized U.S. citizen was expected to hold the intention of residing permanently in the United States. This was written into Section 340 of the Immigration and Nationality Act or I.N.A., but the language was removed in 1994, within Section 104 of the Technical Corrections Act.
     
    SEC. 104. INTENT TO RESIDE PE31MANENTLY IN THE UNITED STATES AFTER NATURALIZATION. (a) IN GENERAL.—Section 338 of the Immigration and Nationality Act (8 U.S.C. 1449) is amended by striking "intends to reside permanently in the United States, except in cases falling within the provisions of section 324(a) of this title,". (b) CONFORMING REPEAL.—Section 340(d) of such Act (8 U.S.C. 1451(d)) is repealed. (c) CONFORMING REDESIGNATION.—Section 340 of such Act (8 U.S.C. 1451) is amended— (1) by redesignating subsections (e), (f), (g), (h), £uid (i) as subsections (d), (e), (f), (g), and (h), respectively; and (2) in subsection (d) (as redesignated), by striking "subsections (c) or (d)" and inserting "subsection (c)". (d) CONFORMING AMENDMENT.—Section 405 of the Immigration 8 use 1440 note. Act of 1990 is amended by striking subsection (b). 8 use 1449 note. (e) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to persons admitted to citizenship on or after the date of enactment of this Act
     
    From  page 4 Section 104
    https://www.govinfo.gov/content/pkg/STATUTE-108/pdf/STATUTE-108-Pg4305.pdf#0-0-0-763
  21. Haha
    randomstairs got a reaction from EM_Vandaveer in Losing US citizenship for living abroad   
    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.
  22. Haha
    randomstairs got a reaction from OldUser in Losing US citizenship for living abroad   
    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.
  23. Haha
    randomstairs got a reaction from PaulaCJohnny in Losing US citizenship for living abroad   
    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.
  24. Haha
    randomstairs got a reaction from Boiler in Losing US citizenship for living abroad   
    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.
  25. Like
    randomstairs got a reaction from norfolk in N400 Application - Additional evidence [merged threads]   
    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. 
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