cd37

5 hours ago, Bgail said:

???

I mean I am surprised that CBP officer did not see your pattern of coming on b2 and giving birth to a child three times ? No wonder why current administration is cracking down on this practice. 

40 minutes ago, Cassidy said:

No, my lawyers said my husband will have his Visa interview and they deny his Visa there and tell him he has to get waiver approved. He had his interview December 2019 and we submitted i 601 waiver January 2020.

Got it, you are right that waiver is filed after interview.

36 minutes ago, Cassidy said:

My husband had his interview at the consulate in Tirana, Albania in December 2019. They told him that all he needed to do was the i 601 waiver because he overstayed for more than a year in the US.
I have been reading a lot online about people having to schedule a NEW interview after their i 601 is approved but when I asked my lawyer about scheduling a new interview after the approval she says my husband will NOT have to go back to do another interview because he already had one & they said all he needed now is the i 601 approval.

Is this true? Does he have to go back to the consulate for another interview after the i 601 approval?? My lawyer keeps assuring me that he does NOT since he already went back in December. I'm just very confused. PLEASE HELP.

I am confused. Dont you have to get i 601 waiver before going to the Interview. Whats the meaning to go to interview when you dont have waiver approved ? Did you not know that he overstayed before ? 

1 hour ago, Gulab2244 said:

Thank you for your reply. So it means that my case could have been denied or approved or remanded? Will i be getting any mail regarding the decision from AAO?

Did you appeal i 140 decision ? Looks like they sent it back to uscis and you will get an official letter.

51 minutes ago, iprasad said:

Hi all,

Following is my timeline.

• July 2014: First Entered this country on Initial blanket L1-A valid till 25th March 2017
• May 2017: L1-A individual petition approved until 25th March 2019
• June 2017: EB3 PERM/LABOR filed
• Feb 2018: EB1-C I140 filed
• June 2018: EB1-C I140 approved
• June 2018: EB3 I140 approved
• Nov 2019: L1-A individual petition approved until 25th March 2021. I-94 valid till 04-04-2021
• 15th May 2020: My employer formally ended my employment and notified me via email. Instead of giving me 4 weeks notice they gave 4 weeks of salary.

Now having lost my job I’ve following questions.

1. Considering current COVID-19 situation how much time do I have before I fall out of status? Or If I’ve to, by which date I should leave this country? How this departure date will be impacted considering there are no flights going back to India. 
2. Is there an option to temporarily extend my stay in this country legally/officially? For example, is it possible to apply for in-country Change Of Status from L1-A to B2? If I've pending application will I accrue unlawful presence? 
3. What happens to pending EB1-C green card with my employer? Will that stand revoked since I lost my employment with the sponsoring company? Or Could I still be eligible to get Green card when EB1-C priority date becomes current.

 

Looking forward to your response.

Thanks,

IP.

Not sure about L1 but for h1b i believe its 60 days grace period after losing job when you have to either find another job or leave country. Your i 140 is approved more that 180 days ago so your employer cant revoke it. It will remain valid. You need a lawyer to understand EB green card process, generally if there is no job, i dont believe you can continue EB process but EB1 could be different.

you cant go to B2 from L1 visa.

File form i 539 for extension of stay.

21 minutes ago, SHUMIN said:

My current status is H1B Cap-exempt.

I submitted the I-140 document. Now my receipt date is before the "Receipt date for a case inquiry".

After submitting the service request outside the normal processing time, the USCIS replied it is under background check. I searched online that it takes 4 weeks to 6 weeks for background check.

However, my case was already 11 months since I submitted the I-140.

 

Does anyone has similar experience, the abnormal background check processing time?

You cant control background check. Its a wait game. 

Where are you stuck at ? LPRs are allowed to enter US. You just have to take a flight and yes planes are still flying but that depends which country you are stuck in ? You can also take repatriation flights operated by us government.

45 minutes ago, JMPM said:

Maybe they change to a system where it's like this:

80% payment on petition.
20% payment due on adjudication. 

It would light a fire to get things processed faster.  

This pay now, and wait forever scheme is horrible. 

Or maybe US immigration requires reforms and go for merit based immigration. 

2 minutes ago, HRQX said:

"There is no fee to apply for asylum." https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum

The $1.2 billion figure was reported months before Covid-19 closures: https://www.govinfo.gov/content/pkg/FR-2019-11-14/html/2019-24366.htm "In Table 3, FY 2019 and 2020 costs and revenue are averaged to determine the projected amounts to be recovered through this rule. Based on current immigration benefit and biometric services fees and projected volumes, USCIS expects fees to generate $3.41 billion in average annual revenue in FY 2019 and FY 2020. For the same period, the average annual cost of processing those immigration benefit requests and providing biometric services is $4.67 billion. This yields an average annual deficit of $1.26 billion. In other words, USCIS expects projected FY 2019/2020 total operating costs to exceed projected total revenue."

Exactly so it has nothing to do with corona virus. That was the reason they were planning to increase fees for most of the forms but vox article blames this pandemic to be the reason.  

1 minute ago, PhillyNatz said:

I believe the state department gets the fees for the visas not the USCIS. 
 

The issue is drop in applications, example with asylum applications, with the same level of staffing . That’s my assumption. 
 

Well but any application that is submitted within US, fees goes to uscis. Visa fees for visas issued overseas goes to state department. Asylum applications are small numbers compare to numerous other categories.

49 minutes ago, Babu Frik said:

https://www.vox.com/2020/5/16/21260966/uscis-bailout-coronavirus-immigration-agency

 

That would be very strange because thousands of applications are being filed to uscis, its just that they are not doing in person interviews. Major effect would be to overseas embassies who can not issue any visa right now. Btw uscis is still processing applications and cashing out fees with those applications, so i wonder if this article is reality or more political.

6 minutes ago, Lucky Cat said:

There have been a number of recent cases which were approved without an interview....  @Sarge2155 comes to mind.

Not sure but if you never been interviewed before they wont approve it without interview except k1 i believe.

51 minutes ago, geowrian said:

No, it will not. Pulling the I-864 will terminate her ability to AOS.

You can request the withdrawal via a letter to USCIS. If you don't have the case number, provide relevant info (each of your names and DOBs).

Contact USCIS phone support if you want specifics on what to provide.

 

The only way out of the I-864 prior to approval is to withdraw. Once the I-485 is approved, the only way out of the I-864 is via the conditions listed on it (she becomes a USC, she loses permanent residency, she dies, she can be credited with 40 quarters of SS credits, etc.).

If the AoS interview hasnt happened, then she wont be able to adjust anyway bcoz you both have to be at the interview but as @geowrian said, pull i 864 by writing an letter to uscis.

On 4/23/2020 at 9:36 AM, Villanelle said:

To anyone following this thread:

 

It bothered me that the OP was insistent that the parents were/are entitled to snap - plus the comment about repeated snap workers stating they were eligible- so I looked into it a bit more. This is not what I first thought (that it was either ignorance or intentionally fraud) but rather this is a loophole being exploited. For me that is much worse. At least someone committing intentional fraud knows they are doing wrong, but I have a hard time with someone exploiting a loophole and hiding behind the reason of 'well its allowed' to not take any moral responsibility.  

 

Anyone interested in the loophole is welcome to look into it the same way I did. Im not going to explain all the intricacies of it but basically if you are an adult child being supported by your parents you can not get snap. However if you are a parent being supported by an adult child you can qualify providing you claim your adult child does not provide you with food. So parents with 0 income are being provided with housing, clothing, utilities, transportation, everything really- but a line is drawn at giving them food. (eyeroll). Perhaps there was a time long ago  snap was needed (they havent worked in 30 years) and I fully support and encourage those who need help like snap or medicaid to use it. But IMO that time has passed. Accepting 200//month in snap and medical benefits has allowed a savings account to grow to 40 thousand dollars. Why pay for parents food when it can be provided for by taxpayers? Just because there is a loophole that allows you to do something doesnt mean its right or that you should.

 

The only other thing I will add is a huge part of immigration is showing good moral character. One should not exploit loopholes and then be surprised when its used against them. So while none of this violates TOS as fraudulent/illegal activity discussion (its all allowed under current snap/medicaid policy) I am just not comfortable providing advice on how to overcome it and will no longer be engaging in this thread. 

 

 

 

 

 

 

 

 

 

Very well summarized.

13 hours ago, johannl said:

Long story short, my parents are from a very traditional Hindu background and would be very hurt if they learned that I married someone from outside our caste, let alone an atheist foreigner. I thus decided to never tell them. They’re very old in their seventies and I just don’t want to them discover this fact and lose their tranquility in the twilight of their lives. For the sake of this question, please assume this decision as given. I’m still in touch with my parents and we talk once or twice every month.

The problem is, they may want to visit the US. I wouldn’t have to invite them; they have the financial means to apply for a visitor’s visa and come here by themselves. In this case, they would have to provide information about their son which includes my marital status. They will be putting it as “single”, and I’m guessing the immigration officer will most likely catch the inconsistency and reject their application.

Do I need to worry about this? If yes, will the officer let them know exactly why it was rejected, thus revealing my true marital status to them?

 

I have asked this question on other forums and received varied answers. Some points of concern :

 

The DS-160 visa application does not ask for marital status. It does ask however, my status in the US (US citizen, permanent resident, etc). They will be putting in 'temporary worker' since they're not aware of my permanent status. Even if in some way I communicate to them to put in "PR holder" without revealing my marriage, it might cause inconsistencies in the interview process since I will be the main stated reason for the visit, and they will be unknowingly answering wrongly to questions about me. Tourist interviews are short and if the Officer believes parents are concealing facts it won't go well and may get denied.

 

Now, this is fine even if it does jeopardize their chances of getting the visa, what I'm *more* concerned about is the immigration office letting them know the exact reasons for rejection, and my details to them. Elsewhere I have received varied suggestions, but the consensus seems to be that even if the visa is denied they will give my parents a paper with the section under which their visa was rejected, not a particular reason. Is this accurate? and what about inconsistent answers *during* the interview process? is it a possibility that the officer crosschecks the info there itself and informs them?

 

Lastly, is it a bad idea or a valid option to write to the embassy (after the submission of the DS-160 form) informing them of my situation ? will they be cooperative ?

 

Thanks

 

When my parents went to Mumbai embassy for visitor visa, they asked everything about me including name, status in US, what I do here and how I entered US and where do I live. So dont think that this info wont be revealed during their interview. They basically know everything about you, they will just confirm all the details during interview. Doesnt matter if you write to embassy about your situation. If the info dont match, they will think your parents are lying or they are not your parents at all. 

2 minutes ago, carmel34 said:

A child born in Saudi Arabia to a non-Saudi father and a Saudi mother has the right to Saudi citizenship upon reaching the age of majority if they fulfill the following:

have permanent residency
be fluent in Arabic.
the grandfather of the mother must be Saudi.
getting an approval from the highest authority in the country (The King).

 

So the law there is very strict and there are likely many who live there who are stateless, probably lots of attorneys there who specialize in these situations that can help you figure out a solution.  Maybe you and your wife can travel to the closest country so she can give birth after flights open up, if possible, so the child will have a citizenship based on the birth country.  If not, maybe the US embassy in Saudi could help in this case, so that the USC father could petition for an exception or waiver.  This is a difficult case, I hope you can figure something out, good luck!

Yeah I hope US grants some kind of exemption in this case so child wont have to be stateless. Contact local US embassy.  

8 hours ago, SMK said:

No law that allows the Mother to pass the nationality to the new born.

Then probably give birth to one of the neighboring nations where citizenship is granted upon birth there.

8 hours ago, SMK said:

I work in Saudi Arabia and she is from Saudi. Laws here don’t allow the mother to pass the nationality. The baby will be born in Saudi Arabia.

So if mother cant pass the nationality, is there a local law that eventually grants nationality to new born babies, Maybe if baby lives there for certain years ?

35 minutes ago, ThiagoAKern said:

Hi, everyone! I started this thread because I filed my I-751 in October of 2019 and have received my extension letter in the end of the year. However, since then my status is still the same "we received your case", and because of cover-19, I'll need to relocate temporarily to a different state in July. Should I file the change of address now or wait until it's closer to when I leave in July? My case starts with WAC. 

 

Thanks in advance!

You only file for AR 11 form once you move to the new address. 

10 hours ago, geowrian said:

I think that's comparing apples and oranges. Family-based immigration and employment-based immigration are entirely different categories. This topic is regarding non-immigrants with impacts to jobs, not anything to do with the public charge. I'm not sure how the same thing could be said, as nothing was said about the public charge inadmissibility.

 

The equities of family based immigration favor close relations and reunification over jobs. That's just the way the law has been written and/or interpreted by the courts. If you have a close tie to the US such of that as a close family member (IRs specifically), that basically trumps that of a business having a job vacancy to fill. There also is no requirement to show that a family member will not take a job from a US worker. There is one to show for most employment-based visas.

It's a topic of discussion for whether a more merit-based system should be implemented or not, but that's a topic for another discussion.

Majority of job losses are in restaurant and hotel industry in current situation  who works on minimum wage and h1b workers doesnt compete to these people. So even If they restrict h1b holders by the EO, its certainly not the root cause of the situation.

1 hour ago, geowrian said:

Sure, although an existing requirement of most work visas (those included) is demonstrating that a US authorized worker (not just Americans) is unable to be obtained.

The bar to demonstrate may need to be looked at again given the circumstances, sure. That bar has far too often been set ridiculously low, and the visas have been abused as a result.

 

IMO...

We do not need more programmers/developers and closely related fields. Many were needed back during the tech booms, but that turned into a revolving door of abuse by the large tech companies and foreign agencies. This category makes up the overwhelming majority of current H-1B workers (https://www.myvisajobs.com/Reports/2020-H1B-Visa-Category.aspx?T=OC). The fields have changed over the years, and more people in the US are capable of performing this type of work. You don't even need a 4 year degree for most of this anymore.

I would note that more and more "engineer" titled positions have been popping up here (look at the by title page), and I would argue that is an attempt to make the positions justify needing somebody abroad even if the actual job requirements have not significantly changed.

 

I know too many people nowadays that have these skills but don't even get callbacks. A number of them have ended up in other positions for years just to make ends meet, while looking for an opening. The money and opportunity isn't really in software development as much as it used to be...it's in all the other layers of technology to produce the end product. Actual development is not the driving factor like it used to be. At least that's my $0.02.

 

We do still need healthcare workers, engineers, etc. Pulling that talent from other countries has been a big gain for the US over the years.

 

H2 is a little different beast...I think we would have a hard time filling those jobs with just US workers. it generally doesn't pay well enough for the work involved to get people to relocate for employment.

The ones related to tourism-based fields likely don't even make sense anymore, though. It's going to be a while before there's enough tourism again to warrant needing outside help.

Well you can say the same thing for people who come on immigrant visas. The i 864 requirements are bare minimum and people somehow show that they meet requirements and then when they reach US they directly go on public benefits. Abuse is on both non immigrant and immigrant categories. 

Well uscis is planning to reopen for public on June 4. If they do open, you can schedule appointment right away and get your passport stamped.

1 hour ago, Jaya Cruz said:

I submitted my N-400 today just to figure out that I have mistakenly put my last name as first name and my first name as last name on the form on Part 2 Item No. 1 - Current Legal Name. However, my application has an attached birth certificate and copy of my green card which states the correct order of my name. I already submitted an e-request for a typographical error to be able to correct it right away. Will that cause a problem? Can I ammend it on my interview day if in case they were not able to correct it?

Correct it when you go for interview.

Yes they wont interview anyone who falls under those categories for atleast 60 days per EO.