Crazy Cat

Isn't she out of status in 3 weeks? She might be on their RADAR, imo. What option did you put on the I-130......Consular processing or adjustment of status?

Yep. The regular books look pretty thin.

My VPN doesn't affect this one....

One option is a B2 visa. That might be a problem. Immigrant intent is already established, and traveling to the US solely for the purpose of giving birth in the US is frowned upon by US immigration. In addition, she can't enter the US via a B2 with the intent to adjust status.

I think it depends on your location. In the Dallas area (and Texas) USPS (Post Office) and some county offices are passport application locations. Generally, you just go to their site and schedule an appointment. Make sure to check all the required documents and fees.

I would go ahead and schedule a Passport appointment for the day after your oath ceremony.

Never, ever trust AI to provide accurate immigration info. https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf I-131: $630 (Appendix B, page 42) I-765: $260 (Appendix C, page 50)

A few days will make no difference regarding processing time. I would wait as @Dashinka suggested. Good luck on your journey.

I would wait a day or 2 after the window opens.

Hopefully, the OP had a better night's sleep last night....

I think OP said she has an approval notice of some kind (status check).

To add to my previous comment, here is another reference from USCIS explaining that immediate relatives are exempt from this bar to adjustment of status.: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 F. Bars to Adjustment of Status An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies.[99] The bars to adjustment of status may apply to applicants who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law.[100] The table below refers to aliens ineligible to apply for adjustment of status, unless otherwise exempt.[101] Aliens Barred from Adjustment of Status Alien INA Section Entries and Periods of Stay to Consider Exempt from Bar Alien Crewman[102] 245(c)(1) Only most recent permission to land, or admission prior to filing for adjustment VAWA-based applicants In Unlawful Immigration Status on the Date the Adjustment Application is Filed OR Who Failed to Continuously Maintain Lawful Status Since Entry into United States[103] OR Who Continues in, or Accepts, Unauthorized Employment Prior to Filing for Adjustment 245(c)(2)[104] All entries and time periods spent in the United States (departure and return does not remove the ineligibility)[105] VAWA-based applicants Immediate relatives[106] Certain special immigrants[107] 245(k) eligible[108]

If she goes out of status, she will never be able to adjust status through through an LPR. USCIS policy says all her time inside the US must be in legal status (they consider all entries). I would suggest she leave very soon and go the consular processing route. Keep in mind that she cannot re-enter the US later as a visitor with the intent to stay and adjust status. Good luck.

**Non-Contributory comment removed. Please post helpful comment with NO judgement*****

***Topic moved to the Adjustment of Status forum***

***Duplicate/Similar topics merged. Please keep this discussion under this thread***

They don't always. Isn't it a great feeling that you are out from under the thumb of USCIS? Now, get that passport, and enjoy life, Citizen!!

That is exactly what I did in August of 2022. It worked for us.

Congratulations!!!! Thanks for the update. This emphasizes that fact anyone with a pending I-751 should absolutely prepare for a combo interview.....Thank you!!

Best course of action is to just give them what they want. Good luck on the rest of your journey.

Yes. "Has ever been employed" means.......ever. You are fine.

Sleep well tonight because this is not an issue you need to worry about. This is not a bar to adjustment of status for an immediate relative of a US citizen. You do not need a lawyer for this. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 B. Immediate Relatives Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21.[2] An adjustment applicant applying as an immediate relative may be eligible to adjust status even if: The applicant is now employed or has ever been employed in the United States without authorization; The applicant is not in lawful immigration status on the date he or she files the adjustment application; The applicant has ever failed to continuously maintain a lawful status since entry into the United States; The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen; The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or The applicant has ever violated the terms of his or her nonimmigrant status. In other words, your concern is not an issue...and now, you have an approved EAD....Good luck on the rest of your journey.

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Bad idea. Visiting Mexico does not reset the clock or make any difference. If CBP suspects she is abusing her B2 (actually living in the US), then they can revoke the visa and even ban her from the US for years.

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